Баланс частных и публичных интересов при правовом регулировании // Актуальные проблемы государства и права

Abstract

Introduction: the events of the last few years provoke scientists and practitioners to constantly raise the problem of determining the balance of private and public interests necessary for effective legal regulation. On the one hand, we are talking about the spread of the coronavirus pandemic (COVID-19), a difficult foreign poli-cy environment that requires the active participation of the state, rigidity in legal regulation in order to ensure constitutionally enshrined provisions. On the other hand, the state course to development the digital economy, the rapid development of digital technologies, the qualitative transformation of social relations are entail the need for flexible legal regulation, greater consideration of the interests of economic entities. Goals and objec-tives of the study: consists in clarifying the main parameters for determining the balance of private and public interests, taking into account current trends in Russian society. Research methodology: dialectical, systemic, comparative legal, formal legal methods. It made possible to identify the parameters for determining the balance of private and public interests, to conduct a brief analysis of the current state of modern trends characteristic of Russian society and the state, and to determine the possible conditions for its further formation. Conclusions: the author's position is argued that the totality of public law and private law principles of legal regulation of a particular sphere of human life is expressed in amount of means, methods, forms, mechanisms and regimes of legal regulation, which are elected by the state, taking into account a number of factors. That is why the balance of interests is a mobile category, which is based on the principle of protecting the rights, freedoms and legitimate interests of a person and a citizen.