Понятие и правовая природа баланса частных и публичных интересов в конституционном регулировании

Abstract

Modern Russian law actively uses such categories as private and public interest. In interpreting the provisions of the Constitution of the Russian Federation, and in the process of checking the constitutionality of Russian legislation, the Constitutional Court of the Russian Federation also uses the categories of private and public interest. These categories are closely related and necessary for the individual. Interests and needs are requests, desires, tastes of people, constituting motives for their life and creativity. Studying of the concepts of public and private interest gives grounds to conclude that private interest will be when the benefit is given to a particular person. The state, acting as a guarantor of the Constitution of the Russian Federation, has the means and corresponding opportunities to create optimal conditions in the process of realizing the balance of private and public interests in the social rights and duties of the individual. After all, the state is able to systematically take into account all that is happening in the world and the state, create conditions for a more rational and prompt resolution of emerging problems.