Legal interest in cases involving the state

Abstract

The article is devoted to the general theoretical problem of determining the nature of legal interest in cases involving the state, considered in civil, arbitration and administrative proceedings. Based on the analysis of scientific concepts of legal interest in the case and the norms of Procedural Law, it was concluded that the material and legal interest in the case is the connection of a person with a disputable legal relationship and it is determined by the court based on the evidence presented by the parties, the legal and factual basis of the claim. The legal interest of the state as a party to the case is of a specific nature and has a “public law effect”, since any decision made on a dispute with the participation of the state will affect not only it, but also society as a whole. The absence of such an interest indicates that the state is the wrong party in the case, and the claim should be brought against a private person and considered in civil proceedings. The practical significance of the application of this criterion is shown on the example of filing a claim for compensation for harm caused by an authority.