Tokareva, E.V. Protection of a public interest by a prosecutor in a civil process

Abstract: The process of formation of the democratic rule of law state in Russia requires the need to provide by law for both the private interests and the interests meeting objective needs of society as a whole and guaranteeing social stability within a state. Viewing public interest as an inalienable attribute of a social state, the author regards the issue of legal guarantees of its implementation (revealing, guarding and protecting public interests) as a topical one for the legal science. Taking into account that presence of a prosecutor in a civil process serves as the main marker defining the need to protect a public interest in a civil process, the author turns to the theoretical issues regarding the studies of the “public interest” as a category. The study of the category of “public interest” is held by the author with regard to the use of general theoretical methods of interpretation, such as (grammatical (lingual), logical, systematic, functional methods. The author makes a conclusion that the category of “public interest” is an estimate one. Its contents depend on flexibility of boundaries between the spheres of activity of society and state, between public and private issues, allowing one to regard “public interest” as an universal legal matter, presupposing the possibility for both broadening and limiting interpretations. At the same time it requires due respect for the moral standpoints within the legal framework, which are present in the natural law approach to law. The revealed subject element of public interest corresponds to the goals of a prosecutor as a special subject in a civil process, which also reflects both his historical purpose and procedural legal status.

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