Kubko A. Theoretical basis of protection of the state interest in public and private law

DOI: https://doi.org/10.33098/2078-6670.2025.19.31.74-79

The purpose of the article is to develop theoretical approaches to possible instruments for protecting the State’s interests in the field of public law. Methodology. The research is based on the analysis and generalization of the available practical, scientific and theoretical material and the formation of relevant conclusions. The following methods of scientific cognition were used in the research: logical-semantic, systemstructural, terminological, system-functional, structural-logical, normative-dogmatic, method of generalization. Results. The author has researched and grouped the works of modern legal scholars who have studied various aspects of protection of the state interests in public and private law. Scientific novelty. The author examines the current state and prospects of understanding the issues of protection of the State interests in public and private law. The author analyzes important ideas of thinkers, philosophers, and lawyers regarding the essence of private and public interests of the State from the earliest times of development of political and legal thought to the present day. The author identifies the key areas for further elaboration of the correlation of these categories in the field of protection of the State’s interests. The practical significance is that protecting the interests of the state is an objective necessity and duty of public authorities. At the same time, the protection of state interests at the legislative, administrative and judicial levels may be accompanied by restrictions on human rights, freedoms and relevant private interests, and a certain derogation by the state from the guarantees of protection of fundamental human rights. Such actions of the state aimed at protecting the state interests should be assessed in terms of compliance with the principles of the institution of state responsibility, including its national and international legal aspects.

Key words: interest, the state interest, interest in the law, private interest, public interest, correlation of private and public interests, the human rights.

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