Interests in Russian law: Concept and Types

Abstract

Relevance. The study of interests in law has an inexhaustible topical theoretical and practical significance, because, as the German philosopher of law R. Iering explained, interests move the world. Indeed, socially significant interests that have received legal support (recognition, consolidation) actively influence the formation, exercise and protection of subjective rights, the implementation of legal relations, legal responsibility, the achievement by subjects of law of the desired material and spiritual benefits, as the ultimate goal of law regulation, law enforcement and legal application. Unfortunately, legal science has not formed the final theoretical provisions on the nature, content, functional purpose and types of legal interests (legitimate interests, interests protected by law, interests in law). The author of the article set the task to indicate his position on some topical issues of the topic under discussion.Purpose – to find out the nature, concept, content, purpose and types of legal interests, the interaction of social interests with law.Objectives: to identify the essential features of social and legal interests, to formulate the concept of legitimate (legal) interests, to find out the types of legal interests, to establish general and specific features of social and legal interests.Methodology. In the course of the study of the designated topic, such general scientific and private scientific methods of research were used as formal-legal, system-structural, logical, comparative-legal, method of analysis and synthesis.Results. Based on the analysis of the theoretical conclusions of well-known Russian researchers, the author formulated and substantiated his own position on the concept and types of legal interests (interests in Russian law), it is noted that legal interests are socially significant interests that have found their “registration” in the norms of positive law and subjective rights, or social interests not enshrined in subjective rights, but protected by law on the basis of the meaning (spirit) of the law, legal principles.Conclusion. Socially significant interests initiate the emergence, change and termination of legal relations, contribute to the achievement by the subjects of law of the desired material and intangible benefits, the satisfaction of their needs.