Legal interest: concept, signs, types

A legitimate interest is legal authorization guaranteed by the state. It is expressed in the person’s desire to use a certain social good, and in some cases to turn to the competent authorities for protection in order to satisfy their needs, which do not contradict social needs. Let us further consider in detail what constitutes a legitimate interest: concept, signs, types.

General information

In the history of jurisprudence, there have been several scholars who have studied legitimate interests. Shershchenevich was one of the first to study the concept, signs, types of permissions. In his work, he pointed out that people have developed the habit of upholding their legal capabilities, rebelling against their violation, and displaying an unfriendly attitude towards those responsible. Accordingly, citizens themselves try not to go beyond their rights.

Subjective law and legitimate interest: difference

The following point of view is noteworthy. It was put forward by Gambarov. In particular, he wrote that one interest and ensuring its protection do not give a complete picture of subjective law. In support of this he cited the following. Not all interests are protected and not all of them lead to law. A similar idea was expressed by Rozhdestvensky. He noted that if protection of interests takes place, then the emergence of subjective law does not always follow from this. In Soviet times, scientists also shared these categories.

For example, Zagryatskov pointed out that a violation not only of a citizen’s right, but also of his legitimate interest may be the basis for the start of administrative proceedings. Later, legitimate interest was singled out in a separate category by Ryasentsev. He based his opinion on the articles of the Fundamentals of Civil Litigation. The conclusion about the ability to protect not only the rights, but also the interests of victims, proceeded from art. 2 and 6. The most acute question was posed by Remnev. He pointed out that legitimate interest and subjective law - this is not the same thing. The essence of the latter, according to Remnev, is the guaranteed ability of a person to perform specific actions. Satisfaction of interests is limited primarily by objective economic conditions. This is one of the points in which these categories do not coincide in terms of material security and assurance.

Legal interest: concept, signs, types (TGP)

The category in question should not be equated with benefit. Equally, it cannot be argued that only a procedural rule can ensure legitimate interest. The concept includes many elements, each of which can be guaranteed by any means or methods, legal acts and institutions. Moreover, they can have both procedural and material nature. Legal interest is formed from the following aspirations:

1. Enjoy a certain public good.
2. If necessary, refer to competent authorities for protection.

The structure of the category in question lies in the internal connection of these elements, their organization, this or that connection method. The desire of a person to use the good is at a higher level, arises first. After it, if necessary, there is a desire to seek protection. Legitimate interests are classified for various reasons. Depending on their affiliation, they can be civil, state municipal, public, commercial and so on.The former, in turn, are divided into the legitimate interests of a family member, consumer, etc.

Classification is also carried out according to industry prevalence. So, there is a constitutional legitimate interest (example: the desire to improve public welfare, improve the health care system, etc.), civil, criminal procedure, and so on. Scientists are also dividing according to level. A legitimate interest can be general (of a participant in the process of making an informed decision) and private (of a citizen in determining specific facts confirming his innocence). Depending on the nature, permissions are granted for property and non-property. The former include a legitimate interest in the quality and full satisfaction of needs in the field of consumer services, and the latter include the desire of the accused to meet with his relatives.

Specificity

Considering the legitimate interest, concept, signs of existing permissions, it is necessary to note a number of distinctive features. Institute under consideration:

1. It is formed under the influence of the spiritual and material conditions of social life.
2. Promotes the development of social ties. At the same time, there is a certain combination of public and private interest.
3. Provides to a certain extent regulatory regulation.
4. It has a dispositive nature.
5. It involves the satisfaction of personal needs, acting as a specific legal tool for this.
6. Acts as an object of legal protection, guaranteed by the state.
7. Sets a specific behavior model. For example, in Art. 36, part 2 of the Constitution expressly provides that the use, possession, disposal of land and other natural resources may be freely carried out by their owners, if this does not harm the environment and does not infringe upon the legitimate interests and rights of others.

Essence

If legal permissiveness does not need the necessary legal behavior of other persons as an instrument of security, then it is elevated to the category of legitimate interest. It can be considered a certain opportunity, which has a predominantly factual, social, but not normative character. It expresses the permissibility of specific actions. The essence of legitimate interest lies in the simple permissibility of a certain model of behavior. Therefore, it can be presented as a kind of "truncated legal opportunity."

Relationship with duty

Legitimate interest allows the subject to use a certain benefit, but without specific boundaries of permitted behavior and the ability to demand other actions. Such concretization is absent due to the fact that it does not correspond to a clear duty. In subjective law, on the contrary, it is rigidly fixed. The obligation in this case allows you to eliminate the obstacles that arise in the implementation of the legal opportunity. In the exercise of a legitimate interest, she does not participate in the neutralization of the interference. As Korkunov wrote, permission for one is not a duty for the other. A permitted action may become law in the event that prohibitions are formulated to commit all obstructive behavioral acts. Accordingly, under such conditions the obligation will be established.

Content criteria

Researchers identify the economic, quantitative and qualitative reasons for the existence of legitimate interest. Accordingly, experts also call the criteria of the same name for distinguishing the institute under consideration from such a category as legal opportunity. In the legitimate interest are mediated only those aspirations that cannot be provided financially, financially. This is the economic criterion.A quantitative sign is that legitimate interest mediates aspirations that are not translated into legal possibilities by norms due to the rapid development of social relations. They cannot be typed due to their randomness, personality, rarity. A qualitative attribute indicates that legitimate interest reflects less substantial and significant aspirations and needs. All this suggests that the reasons for the existence of the institution in question are quite complex. Often they cannot be established immediately, to determine the relationship between them, to highlight the key of them. In a given period, the main criterion may be any of the above. In this regard, it is necessary to identify them in each case.

Certainty and concreteness

In addition to the above criteria, there are other signs that characterize legitimate interest. So, for example, legal opportunities are formally fixed in norms. Accordingly, they have a clear legal system. Legitimate interests are mainly not reflected in legal acts, are not provided by specific regulatory requirements. The limits of capabilities of a particular person, therefore, are not clearly regulated - they come from a set of legal provisions, principles, and definitions.

The degree of assurance and mediation of aspirations

A legitimate interest, in comparison with subjective law, has a lower level of security. These categories are distinct ways to meet needs and requirements. Legal interest is considered not the main, but often no less important way. Compared to a legal opportunity, it stands at the bottom of the realization of aspirations. This is due to the richer normative content of subjective law. It has a greater stimulating power. Subjective law reflects the most significant legitimate interests that are vital to citizens. A normative opportunity is provided for their implementation. For the implementation of legitimate interests, legal provisions do not establish it.

Distribution area

In some cases, truly legitimate interests can penetrate into areas in which subjective law cannot go deep. This is due to the presence of certain distribution boundaries of the latter. For example, it is impossible to mediate in a subjective right once and forever the spouse's interest in acquiring most of the property when dividing joint property or a worker in providing him with vacation days only in the summer and so on. Only legal permissions can enter such areas. Legitimate interest regulates a particular area through its own mechanisms, taking into account the characteristics of relations and situations.

Additionally

In legal publications, a point of view is expressed, according to which the legitimate interest and the interest protected by law are differentiated. This opinion, in particular, is shared by Shaikenov. He points out that every interest, which is expressed in law, is under legislative protection, in this regard it will be true to consider them as protected. There are aspirations and permissions that are in the field of regulatory regulation, but are not provided with legal opportunities. They, according to the author, should be referred to as legitimate interests. However, this point of view is not shared by many experts. Based on the meaning of many normative articles, it can be concluded that the concepts of legitimate interest and interest protected by law are not shared, but are used as synonyms.