VALUE OF PUBLIC INTEREST IN APPLICATION OF PRINCIPLE OF PROPORTIONALITY IN CIVIL PROCESS LAW
Journal Title: Правова держава - Year 2018, Vol 31, Issue
Abstract
The article is devoted to the study of the importance of public interest in the principle of proportionality in the performance of civil proceedings. It is proved that ensuring a reasonable balance between public and private interests as a component of the principle of proportionality occupies an important place in finding a reasonable balance of these interests by the judge. At the same time, the judge must always compare, compare (take into account) the presence of private interest. The conclusion was drawn that the consideration of public interest is mandatory in the judge’s assessment of a fair (reasonable) balance in the issue of state interference in the peaceful possession of property, property rights, freedom of speech and other
Authors and Affiliations
І. Е. Berestova
Keywords
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- EP ID EP514226
- DOI 10.18524/2411-2054.2018.31.143450
- Views 105
- Downloads 0
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