Судебная доктрина баланса частных и публичных интересов в сфере предпринимательской деятельности

Abstract

The domestic legal literature of different years reflects multiple approaches regarding the prevalence of private or public interests. A significant number of scientific works in recent years have been devoted to promoting the strengthening of the positions of legitimate interests of society and the state, nationalization, and the development of a multi-structure economy to replace the primacy of the market economy. However, the Constitutional Court of the Russian Federation, which should be outside of politics, and whose activities are aimed at protecting the foundations of the constitutional system and protecting the fundamental rights and freedoms of man and citizen, combines these approaches and simultaneously formulates a judicial doctrine of the balance of private and public interests in the field of business activity. The used category “judicial doctrine” allows us to move away from a purely scientific understanding of private and public interests in business and to approach practical issues, helps to identify methodological approaches that are characteristic of judicial practice, and establishes a connection with practice in a higher format of possibilities.