Koroied S. A. The legal (substantive) interest of the plaintiff as a prerequisite for granting him judicial protection of civil rights

Purpose. The purpose of our study is to establish the legal (material) interest of the plaintiff as a prerequisite for providing him with judicial protection of civil rights. Method. The methodology includes a detailed comprehensive analysis and synthesis of available scientific and theoretical material on the raised issues, as well as decisions of judicial practice on the basis of which substantiated conclusions and recommendations concerning the reforming of the current civil law of Ukraine are made. Results. It is established that the plaintiff’s desire to “punish” the defendant with additional “measures” or “restrictions” (by filing a lawsuit and, for example, taking measures to ensure it without real intentions to exercise their rights), not related to the real aspirations of the plaintiff to restore (protect) its subjective right, should not find support for the court, as it contradicts the task of civil proceedings. Scientific novelty. The issue of demarcation of material and legal interest in the civil process, the definition of their differences and legal implications in the aspect of the realization of the right to sue and the right to meet a claim is relevant, theoretically significant and practically necessary, since the category of legal interest determines the consequences of civil procedural activities, that is, it is directly related to granting or refusing a plaintiff’s defense. Practical significance. The results of the study can be used in the practical work of lawyers and all interested persons who are concerned with the material interests of the plaintiff.

Key words: civil proceedings, judicial protection, plaintiff, substantive and legal interest, exercise of civil rights.