The Objective Foundations of Public Law

Abstract

Public law, being an independent component of the legal system, is characterized by the unique composition of the objective basis. Its main components are such phenomena as public interest, public goal-setting, public law policy, public law activities (practice) and the common good. The author substantiates the validity of understanding the objective public interest as the interest of the society aimed at achieving efficient results of its development by means of concentrating productive forces of the society, its material and spiritual resources. The ultimate aim of the public interest is not only and not so much as to produce goods, as to allocate them fairly among all members of the society. In the modern context, fair distribution is understood as using common goods in compliance with communist principles as required (higher education, city infrastructure, natural environment, etc.) or to the extent equal to the contribution made by every subject to produce the common goods. The process of implementing the public interest starts with the process of goal-setting, i.e. determining by the society and the state current and perspective goals of their performance. The public law tree of objectives is many-layered and includes the objectives of law in general and its own objectives, objectives of essential types of legal activities, law-making, law-enforcement and law-upholding. The second stage comes to policy-making, i.e. determining the measures the society and law must take in order to secure successful implementation of the public interest. The policy, as the process of rational thinking, is not the same as the subject matter of a purposeful activity. The latter is an independent phenomenon, a direct real life, aimed at implementation of the policy. The final result of the purposeful activity is reflected in changes in the society and the state in accordance with the percept public interest and in formation of the system of common material and immaterial benefits. The State in order to fully utilize common goods for the purpose of providing sustainable law and order and material wealth of individuals is bound to perform complex and diversified activity to organize the production of such common goods, their distribution, safeguarding and protection. This activity, its results and emerging legal relations as a system form the uniform subject matter of public law.