scholarly journals Protection of public interests by narrowing private interests: where is the limit?

2021 ◽  
Vol 10 (38) ◽  
pp. 148-157
Author(s):  
Olga Klepikova ◽  
Viktoriia Kachuriner ◽  
Volodymyr Makoda ◽  
Inha Kryvosheyina ◽  
Vadym Popeliuk
Keyword(s):  
Eu Law ◽  
The European Union ◽  
International Treaties ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
The People ◽  
Private And Public ◽  
Restrictive Measures

The coronavirus pandemic (COVID-19) has posed many challenges to the international community. In a pandemic, governments make complex decisions every day (respond quickly to emerging difficulties), implement effective quarantine measures that affect the public and private interests of the people. Such decisions are also made by such supranational entities as the European Union. With this in mind, it is essential to analyze the interaction and balance of private and public interests in EU law in the context of the Covid-19 pandemic. The work aims to analyze the balance between private and public interests in EU law in the context of the Covid-19 pandemic. Research methods are such methods as dialectical, historical, idealization, analysis, synthesis, abstraction, system, formalization, comparison, and modeling. As a result of the study, the authors concluded that the search for a balance between public and private interests is in all areas and mostly applies to human rights and, in a pandemic, these powers are enshrined in major international treaties and national regulations, with reservations about their possible limitation under exceptional circumstances. At the same time, ensuring the balance of private and public interests is possible only if the rule of law is fulfilled in the implementation of restrictive measures, proportionality, and public necessity.

scholarly journals PUBLIC INTEREST IN PUBLIC PROCUREMENT

2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets
Keyword(s):  
Public Interest ◽  
Public Procurement ◽  
Legal Regulation ◽  
Political Regime ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Private And Public ◽  
The Government

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.

scholarly journals Currency circulation and its organization in the Russian Federation as a public need and interest

2021 ◽  
pp. 47-55
Author(s):  
Oleg Mikhailovich Krylov
Keyword(s):  
Public Interest ◽  
Public Life ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Legislative Framework ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the categories of “public need” and “public interest”. The object is the currency circulation and its organization. The author examines the elements of currency circulation, which represent independent public needs with corresponding public interests in its organization. Special attention is given to interrelation between the public needs in currency circulation and public interests, which serves as the legislative framework for currency circulation and observance of the balance of public and private interests in organization of currency circulation. The conclusion is drawn on the representatives of public interest in currency circulation and interdependence of public needs in currency circulation on the corresponding public interests in its organization. The author also formulates a number of interesting conclusions on interrelation between public needs in currency circulation, public interests and needs in other spheres of public life and organization of currency circulation, which serve as the legislative framework for currency circulation and observance of balance of public and private interests in organization of currency circulation. The novelty of this research consists in determination of the content of public interest in currency circulation, as well as in establishment of correlation with public interests and needs in other spheres of public life.

Conceptualising the Victim in England and Wales and the United States within a Spectrum of Public and Private Interests

2020 ◽  
Author(s):  
Marie Manikis
Keyword(s):  
United States ◽  
Criminal Justice ◽  
The United States ◽  
Public And Private ◽  
England And Wales ◽  
The Public ◽  
Private Interests ◽  
Criminal Justice Systems ◽  
Private And Public ◽  
Justice Systems

Abstract The conception of the victim in criminal justice systems has changed across history and legal systems. A framework that considers the private and public along a spectrum and offers nuances between private and public interests illuminates the ways victims have been conceived within mechanisms of participation in various criminal justice systems and the ways they can oscillate and have oscillated within these categories. This article argues that in England and Wales, victims have been conceived as citizens with both private and predominantly public roles and interests, while in the United States, they have been conceptualised as actors that hold predominantly private interests. Nuances within mechanisms of victim participation that challenge the rigidity of the public/private divide within those jurisdictions are accounted for and discussed.

scholarly journals BALANCE OF PUBLIC AND PRIVATE INTERESTS AND LEGAL CERTAINTY IN CIVIL PROCEEDINGS

2021 ◽  
pp. 27-30
Author(s):  
I.V. Rekhtina
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
National Level ◽  
Legal Certainty ◽  
Public Interests ◽  
Public And Private ◽  
Private Interests ◽  
Civil Proceedings ◽  
Private And Public

The article examines how the principle of legal certainty can serve as a criterion in determiningthe balance and balance of private and public interests in the consideration of cases in court. Russianjurisprudence shows that, at the national level, there is an imbalance in the private and public interest inconsiderations, in which priority is often improperly given to public interest. The principle of legal certaintymay serve as a criterion for finding this balance, taking into account the jurisprudence of the European Courtof Human Rights.

scholarly journals OVERRIDING MANDATORY LAWS IN INTERNATIONAL ARBITRATION

2018 ◽  
Vol 67 (4) ◽  
pp. 903-930 ◽  
Author(s):  
Jan Kleinheisterkamp
Keyword(s):  
Public Law ◽  
Eu Law ◽  
International Arbitration ◽  
Public Interests ◽  
Conflict Of Laws ◽  
Party Autonomy ◽  
The Public ◽  
Private And Public ◽  
Dialectical Relationship ◽  
The Eu

AbstractOverriding mandatory laws present one of the most pervasive and delicate problems of international arbitration because they affect party autonomy in both its substantive and procedural dimensions. The tension between these concepts both in theory and in practice is a classic emanation of the public–private divide, which is particularly problematic in international and transnational settings. This tension is even stronger in the context of economic integration and regulation, such as in the EU Internal Market. This article revisits and conceptualizes the operation of overriding mandatory laws in the context of arbitration from the perspectives of conflict of laws, public law, and EU law. Drawing on the principles of effectiveness and proportionality, it proposes a practical rather than a theoretical solution to the dialectical relationship between private and public interests in legal certainty.

Enhanced self-regulation: The case of Facebook’s content governance

2021 ◽  
pp. 146144482198935
Author(s):  
Rotem Medzini
Keyword(s):  
Self Regulation ◽  
Third Party ◽  
Regulatory Regime ◽  
Credible Commitments ◽  
Public Interests ◽  
Public And Private ◽  
Digital Platforms ◽  
The Public ◽  
Private Interests ◽  
Content Regulation

Content regulation on digital platforms has become a contested issue on the public and scholarly agendas. To understand how digital platform providers experiment with making commitments regarding their regulation, this article process-traces Facebook’s content regulation to ask how it self-regulates despite constant pressures for policy intervention. The first part of the article shows how Facebook moved from its initial “thin” self-regulatory regime toward what I call “enhanced self-regulation,” which relies on first-party and independent third-party intermediaries. Thereafter, I show how Facebook self-regulated the balance between public and private interests over time and across the regimes. The findings suggest that powerful actors such as Facebook can innovate in self-regulation by reallocating content-related responsibilities to intermediaries and subsequently create polycentric governance regimes. Lessons about how self-regulators that face public criticism can make more credible commitments to public interests are then drawn from the strengths and weakness of enhanced self-regulation.

scholarly journals Development of the constitutional provisions about balance public and private interests when land use in the acts of the land legislation

2016 ◽  
Vol 3 (3) ◽  
pp. 97-102
Author(s):  
S A Lipski
Keyword(s):  
Land Use ◽  
Land Law ◽  
Public Interests ◽  
Public And Private ◽  
Private Interests ◽  
Federal Land ◽  
Private And Public ◽  
Further Development

The article discusses the main acts of the federal land legislation, in which has been further developed constitutional provi- sions about balance public and private interests in land use. The author states that over the last decade, acts that ensure the reasonable land use has not received adequate development, and many of the rules (and some laws) adopted at the turn of XX-XXI centuries, has lost its force. As a result, the ratio of private and public interests in the modern land law became slightly other. Relevant constitutional provisions have the potential for their further development.

scholarly journals The Importance Of The General Principles Of European Union Law In Ensuring Public And Private Interests In Environmental Relations

2021 ◽  
pp. 78-89
Author(s):  
H.V. Moroz
Keyword(s):  
Public Interest ◽  
Eu Law ◽  
Legal Certainty ◽  
Public Interests ◽  
Public And Private ◽  
Private Interests ◽  
European Court ◽  
Legitimate Expectations ◽  
Environmental Relations ◽  
Principle Of Proportionality

The article is aimed at studying the content of the general principles of European Union (EU) law, their importance in ensuring public and private interests in environmental relations. It is argued that the principles of law are based on public interests and needs, so the most important characteristic of the principles of law is their ability to put emphasis on the most important values of public life. It is established that the full potential of the principles of law is best manifested in the administration of justice, most clearly reflected in the case law of the European Court of Human Rights, less perfectly - in the judicial system of Ukraine. The general principles common to the legal systems of the EU member states are the following: 1) the principle of proportionality; 2) the principle of legal certainty; 3) the principle of legitimate expectations. Performing its functions, the state may intervene in the private sphere within acceptable limits, and the criteria of the principle of proportionality are used to optimize such intervention in order to satisfy the general public interest. The following criteria are defined: 1) the legality of intervention; 2) a legitimate purpose (justification of intervention by the general interest); 3) a fair balance between the interests of property rights and public interests. The intervention should ideally be proportionate, measured, optimal and easy for the entity. In essence, this principle is designed to control the law not only in terms of the legitimacy of the influence of the authorities on fundamental rights but also on its balance in general. Legal certainty requires not only the promulgation of adopted laws or other regulations but also the relative clarity of their content so that individuals can predict and determine their behavior, the limits of manifestation and realization of their interests. The principle of legitimate expectations (reasonable predictability of court decisions) in the procedural sense applies to uniform and consistent law enforcement practice, avoidance of selective justice. The use of the concept of legitimate expectations is effective for application in cases of the protection of private property rights as well as the right to public property and public interests. It is allowed to limit the principle of protection of legitimate expectations, for example, if there is an overriding public interest, which is applicable in terms of environmental relations. The article argues that the practice of the European Court of Human Rights, as a source of law, provides a legal interpretation of substantive and procedural norms that would be vague without practical explanation. In the meantime, it is argued that in the process of approximating the environmental norms of Ukraine with EU law, the specifics of the environmental sphere and the competitive nature of the interests of entities that implement the corresponding regulations have to be considered.

National Foresight in Korea: History of Futures Studies and Foresight in Korea

2018 ◽  
Vol 11 (3) ◽  
pp. 232-244
Author(s):  
Kyungmoo Heo ◽  
Yongseok Seo
Keyword(s):  
National Development ◽  
Futures Studies ◽  
Government Officials ◽  
Community Based ◽  
Public Interests ◽  
Public And Private ◽  
National Assembly ◽  
The Public ◽  
History Of

Public interests in coming futures of Korea continue to be increasing. Fears on uncertainties and pending challenges as well as demands on a new but Korea-own development model trigger a quantitative increase of futures research and relevant organizations in both public and private. The objective of this paper is to review history of futures studies and national development plan and strategy linked with foresight along with its challenges and recommendations. This paper identifies drawbacks and limits of Korea foresight such as misapplication of foresight as a strategic planning tool for modernization and economic development and its heavy reliance on government-led mid- and long-term planning. As a recommendation, an implementation of participatory and community-based foresight is introduced as a foundation for futures studies in Korea. A newly established research institute, the National Assembly Futures Institute, has to be an institutional passage to deliver opinions of the public, a capacity-building platform to increase the citizen’s futures literacy, and a cooperative venue for facilitating a participation and dialogue between politicians, government officials, and researchers.

scholarly journals Making Smart and Sustainable Infrastructure Projects Viable: Private Choices, Public Support, and Systems Constraints

2017 ◽  
Vol 2 (3) ◽  
pp. 18-32 ◽  
Author(s):  
Douglas Noonan ◽  
Shan Zhou ◽  
Robert Kirkman
Keyword(s):  
Public Perception ◽  
Public Support ◽  
Green Technologies ◽  
Public And Private ◽  
Private Interests ◽  
Public Survey ◽  
Private And Public ◽  
Infrastructure Investments ◽  
Individual Use ◽  
The One

Sustainable cities will require major infrastructure investments coupled with widespread behavioral change. Examples of smart, green technologies abound, but evidence for actual use lags. This partly owes to the tension between public support and private choices: individuals thinking as members of the public may see solutions as smart for the city, but thinking of their private interests may see those same solutions as not smart for themselves. This also owes to the disconnect between private and public choices, on the one hand, and the workings of complex systems, on the other. Even if public and private interests align, existing built environment systems may resist change. This article examines public perception and use of the Atlanta BeltLine, a pioneering sustainability initiative to transform the auto-dependent city into a greener, denser city. Analyzing a general public survey reveals widespread support for the BeltLine alongside reticence from residents to change their commute or greenspace use. The findings also show that drivers of public support and prospective use of the BeltLine differ. Public support may be insufficient if individual use decisions do not follow. Yet, private adoption decisions may not follow until and unless the systems in which they are embedded are already changing.

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