Научный дискурс о балансе интересов в праве

Abstract

The features, problems and prospects of scientific discourse on the balance of interests in law are consi-dered. It is noted that today the balance of interests in law has acquired the value of not only value, but rational discourse, which is based on the search for some reasonable relationship between private and public interests. Different approaches to the definition, establishment of a balance of interests in law are given, approaches to the study of the essence of the balance of interests in the theory of law, as well as their branch differences in different legal sciences, which consider such a phenomenon as a balance of interests, as consent, as an agreed result, are considered, as a state of optimal conflict or lack of conflict, as a general legal, constitutional value, a legal method, as a means, etc. The variety of approaches confirms the complexity of the phenomenon of balance in law. The main discussion is in relation to the hierarchy of values and interests, as well as the criteria for admissibility of the priority of interests in the procedures for their balancing. Based on the analysis of a wide range of scientific studies on the balance in law, the balance of interests in law is considered as an element of a more general phenomenon in law. The purpose of the study is to establish the systemic characteristics of balance as a multidimensional phenomenon in law (reality), its prerequisites. The methodological basis includes the use of general scientific and special research methods. Separate methods of analysis, generalization, reconstruction of theories are used, applied within the framework of axiological, structural-functional, formal-legal, comparative-legal approaches. It is concluded that today the balance in law remains a concept, the semantic and content completeness of which is rather uncertain, and the pluralism of views on the definition of the essence of the balance of interests is due to various methodological approaches in its study and the goals set by the researcher, in connection with which the use of teleological approach allows us to recognize it as a goal, with an instrumental, pragmatic one – a means of effective legal regulation, with a structural-functional (systemic) approach to law – balance is an element of legal consciousness and legal ideology, a principle; with the formal legal (jurisprudence of concepts) – the concept; in the socio-humanitarian approach – as a state of social interests.