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Danylo  GETMANTSEV,

Professor, Doctor of Laws, Member of the Scientific Advisory Board of the Supreme Court

ON PROTECTION OF THE INTEREST PROTECTED BY LAW

The article analyzes the concept of legitimate interest, interest protected by law and the right of a person to judicial protection of the interest protected by law. The author identifies distinctive features of interest protected by law, which is subject to protection in administrative proceedings, and examines some peculiarities of the trial, the subject of which is the protection of the interest protected by law.

The article considers the question at what stage of the court proceedings the court should establish the presence or absence of the plaintiff’s legitimate interest that is violated and whether a member of a local community entitled to sue local self-government bodies (including on financial issues).

The author analyzes the provisions of the national legislation, the decisions of the domestic courts and the decision of the European Court of Human Rights in the context of the access of a person, whose interest protected by law is violated, to justice, the right of such a person to a fair trial. The possibility of protecting legitimate interest in public relations, including financial relations at the national level and the importance of such a right for building a democratic society, was also considered.

Key words: interest, legal interest, interest protected, judicial protection, access to justice, administrative justice, subject of authority, territorial community, public finances.

References

Latin-Russian Dictionary / Under. total ed. S. I .Sobolevsky. M .: State. Publishers of Foreign and National Dictionaries, 1949. 960 p.[russ.]

Gribanov V. P. Implementation and protection of civil rights / Nauch. ed .: Em V. S.; editors: Kozlova N. V., Korneev S. M., Kulagina E. V., Pankratov P. A.. 2nd ed., stereotype. M .: Charter, 2001. 411 p.[russ.]

Mikhailov S. V. Interest as a general scientific category and its reflection in the science of civil law. State and law. 1999. № 7. S. 86-92.[russ.]

Hanipov A. T .Interests as a Form of Public Relations: A Monograph. Novosibirsk, 1987. 256 p.[russ.]

Pershin M. V. Private law interest (concept, law making, realization): diss. ... Cand. lawyer. of sciences. N. Novgorod, 2004. 199 p.[russ.]

Gukasyan R. E. Legal and protected by law interests. The Soviet state and law. 1973. № 7. S. 113-116.[russ.]

Kravets V.R. Legal interest in administrative justice: concepts, nature, types. Scientific journal of the International Humanities University. Avg .: Jurisprudence. 2014. № 11. T. 1. S. 97-101.[ukr.]

Gukasyan R. E. Selected works on the civil process: collection of works. M .: Prospect, 2008. 480 p. [russ.]

Rozhkova M. A. Defense of a legitimate interest in an arbitral tribunal. Economy and law. 2001. № 6. S. 53-59. [russ/]

Klaus N. V. Legal interest as a subject of judicial protection in civil proceedings: author. diss. ... Cand. lawyer. of sciences. Novosibirsk, 2007. 221 p.[russ.]

Venediktova  I. The category of law-protected interest in civil law. Private law. 2013. No. 1. S. 146-158.[ukr.]

Tsybalisty T. O. About the normativity of decisions of the Constitutional Court of Ukraine. Scientific Bulletin of Uzhgorod National University. The Right Series. 2013. № 23. P. 156-159.[ukr.]

Malko A. V., Terekhin V. A. Subjective rights, freedoms and legitimate interests of the individual as independent objects of judicial protection. Leningrad Law Journal. 2010. № 4. P. 7-18.[russ.]

Malko A. V., Subochev V. V., Sheriev A. M .Subjective rights, freedoms and legitimate interests as independent objects of protection and protection. Legal policy and legal life. 2008. № 1. P. 70–80.[russ.]

From the report of Judge V. V. Kravchuk at the roundtable “Protection of legitimate interests in administrative proceedings” (Kyiv, October 25, 2018) / Court of Cassation in the Supreme Court.

Judgment of the Grand Chamber of the European Court of Human Rights in Aksu v. Turkey. European Court of Human Rights. Strasbourg, 2012 URL: https://hudoc.echr.coe.int/app/conversion/pdf/?library=ECHR&id=001-117794&filename=001-117794.pdf&TID=ihgdqbxnfi (accessed 22/11/2018).

Judgment of the Grand Chamber of the European Court of Human Rights in the case of Tanase v. Moldova - European Court of Human Rights. Strasbourg, 2010 URL: http://www.alppp.ru/court/vysshie-sudy/04-2010/information-o-postanovlenii-espch-ot-27-04-2010-po-delu-tenase--protiv- moldavii-zhaloba - 7.pdf (accessed 22/11/2018).

Shchebetun IS Organizational and Legal Guarantees of Local Self-Government in Ukraine: Abstract. diss. ... Cand. lawyer. of sciences. Kharkiv, 2002. 20 p.

Sergeev AA Access to justice as a guarantee of the rights of local self-government. Legality. 2006. № 2. C. 36–37.

Barvitsky V. Yu. Protecting the Rights and Legal Interests of Territorial Communities by Courts of General Jurisdiction and in Pre-Trial Order. Scientific Bulletin of the Academy of Municipal Administration. Series: Right. 2011. Iss. 2. P. 55-70.