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Legal Interest as the Subject of Judicial Protection in Civil Procedure

ФИО студента: Iurii Kurnosov

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Оценка: 10

Год защиты: 2020

This thesis is dedicated to examining the protection of legal interests in civil cases as civil procedural legislation provides the right to make a claim not only in case of violation of subjective rights but also in the event of violation of legal interests. The importance of a legal interest as the concept independent of a subjective right is proved by the following: natural and legal persons have a variety of interests and intentions that are not stipulated by law in the form of subjective rights but also require protection. This paper searches the history of the concept of the legal interest in the Russian legislation as well as the approaches to defining the legal interest and determining its content. The work proposes that it is necessary to balance both material (substantive) and procedural aspects of a legal interest. The role of legal interests in legal regulation as well as similarities and differences between legal interests and subjective rights are explored. It is shown that unlike a subjective right, a legal interest of a person is not guaranteed by a corresponding obligation of another person. It is demonstrated that legal interests have the same means of the protection as subjective rights.

Full text (added May 7, 2020)

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