Formal and actual basics to recognize public and private interests for the purposes of legal researches on property phenomenon

PII
S1026-94520000616-5-1
DOI
10.31857/S20000616-5-1
Publication type
Article
Status
Published
Authors
Volume/ Edition
Volume / Issue 12
Pages
23-31
Abstract
The research contains the results of author’s search for the basis to recognize public and private legal interests for the purposes of analysis of property phenomenon in the Russian modern jurisprudence. Author uses axiological methodology to state the thesis that there are evenly two basic types of interest could be recognized within the society’s entity: public and private. Despite the fundamental differences between these types of social interest, there are no any obstacles to correlate them in practice, and this fact is to make one firmly believe the dialectical logic of private and public basics in law. On this understanding the substance of public interests, which are realized within the certain groups of social relations including the sphere ofproperty, is to be extracted from the socially accepted mission of public authoritywhich appears as the volitional component of legal personality of the public authority bearers.
Keywords
property, socially accepted (legal) interests, public authority, dichotomy of law, incorporated persons of public law, legal personality of the public authority bearers
Date of publication
01.12.2014
Number of purchasers
1
Views
1136

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