CRITERIA FOR THE BALANCE OF PUBLIC AND LEGAL PRIVATE INTERESTS: LEGAL, HISTORICAL AND COMPARATIVE ANALYSIS
The content of this article is devoted to the problems associated with determining the state's observance of the balance of public and legal private interests in Russia, both in the recent past and at the moment. The study shows that the Soviet period of history was characterized by a comprehensive priority of public interests over private ones. This is clearly indicated by the directives of the state leaders and the provisions of individual legal acts of that time. At the same time, it is necessary to take into account the fact that in some cases such decisions were dictated not only by voluntaristic decisions of the leaders of our country, but also by objective reasons. For comparison, the authors turned to the history of resolving crisis situations in other subjects of the world community, in particular, in the United States during the period of the great economic depression. At present, due to the global COVID-19 epidemic, the private interests of Russian citizens have been sharply limited in our country. However, the authors of the publication consider them as an emergency measure, caused by extreme necessity. According to researchers, the ratio of public and legal private interests is a phenomenon that is characterized by the following aspects: - the balance of public and legal private interests is a variable that depends on many factors most typical for a particular historical era: political, economic, cultural, religious, international and other conditions; - only for special reasons, legitimate private interests can be limited for a certain period, at the end of it the original order of things should be restored in full; - a qualitative balance of public and legal private interests that meet the demands of the vast majority of representatives of various classes, layers and groups of the country's population is achieved only during the period of stability of society and the state, as well as the development of democratic legal and social institutions.