DEVELOPMENT OF SCIENTIFIC OPINION REGARDING THE CONCEPT OF «PUBLIC INTEREST»

Abstract

The article examines the historical development of views on public, state, and private interests, with a particular emphasis on the emergence of human-centered concepts in public consciousness. The concept of "public interest" is analyzed as a compromise between the interests of the state and the individual, especially in the context of public-law relations. The evolution of the "public interest" category within political and legal science is studied, focusing on its interaction with private interests and the shift in emphasis based on historical conditions. Special attention is paid to the influence of the sociological school of law on the formation of the concept of public interest, as well as the historical context of the Soviet era, when the interests of individuals were replaced by those of the ruling party.

Particular focus is placed on modern challenges and Ukraine's European integration aspirations, which require a deeper understanding of the public interest as a reflection of societal needs. The importance of balancing public and private interests to improve legal regulation is highlighted, with historical parallels drawn from the ideas of Aristotle, R. Ihering, and J. Locke.

The article also explores the ancient legal traditions that distinguish public and private law, emphasizing that public law is designed to protect collective societal interests, while private law safeguards individual rights. The contribution of R. Ihering to legal theory is examined, particularly his introduction of the concept of "interest" into legal practice, which emphasizes the mechanisms for protecting interests across both public and private law.

Additionally, the article addresses the evolving understanding of state interests, noting how modern scholars distinguish between the concepts of "public interest" and "state interest". The role of the European Court of Human Rights (ECtHR) in balancing private and public interests is discussed, demonstrating how state interests may limit private rights and define the boundaries of state power.

The article also investigates general measures aimed at addressing the systemic issues identified in ECtHR decisions, including reforms to current legislation, adjustments to its application practices, and the professional training of law enforcement personnel. The integration of ECtHR rulings into Ukrainian judicial practice contributes to strengthening the legal system and protecting citizens' rights.

Thus, "public interest" is understood as a set of needs recognized by the state, which are implemented through public administration mechanisms and are aimed at safeguarding human rights and freedoms. Over time, scientific understanding, national legislation, and legal practice have evolved towards achieving a balanced relationship between public and private interests.