Законные и публичные интересы в административном судопроизводстве в России: проблемы толкования

Сравнительное конституционное обозрение. 2022. № 5(150). С. 63–77.

Pavlova M.

Adoption of the Code of Administrative judicial procedure of the Russian Federation (CAJP of RF) led to new discussion about subject of judicial protection in administrative cases. Despite the fact that the legislator directly indicates the existence of a public dispute about the law, questions about the concept of legitimate interests, their diversity, remedies are still not settled at the regulatory level. Blank legal norms of administrative legislation influenced significantly on judicial practice. As a results the judges don't reveal the content and essence of legal and public interests in their decisions. The author expresses his point of view about legal nature of legal interests and offers an approach to determining their presence or absence that is based on assessment of the materiality of the adverse consequences that have occurred in each case. Public interests are more controversial and ambiguous category. In accordance with CAJP of RF they are considered as one of the objects of protection, as a condition for termination of proceedings in an administrative case if administrative plaintiff refuses from his claim, the basis for the cancellation or amendment of court decisions in cassation and supervisory procedure as well. The author considers public interests as one of the types of legal interests and makes the conclusion about reasonable review of the role of the term "public interests" in the CAJP of RF. In order to concretize them, the author suggests to personify these interests from the point of view of their carriers.      

Keywords: законные интересы, legal interests, административное судопроизводство, administrative proceedings, public interests, публичные интересы, judicial protection of legal interests, unfavorable consequences, судебная защита публичных интересов, неблагоприятные последствия