PROBLEM OF PROTECTING LEGITIMATE INTERESTS IN CIVIL PROCEEDINGS
Abstract
The article analyzes the achievements of the legal scientific thought in the theory of
protection of legitimate interests: based on the review of key scientific papers on the legitimate
interests of the pre-revolutionary, Soviet and early post-Soviet periods, the key provisions
of the intersectoral doctrine of the legitimate interest are discussed. The analysis of subjects of thesis and monographic studies on issues of civil and arbitration processes
indicates the lack of comprehensive fundamental works on the problems of protecting
legal interests in the civil proceeding at the present stage. There are shown objectively
existing socio-legal realities that motivate the legal science to return to the development
of the legitimate interests protection doctrine, the issues requiring rethinking and deeper
development are dwelt upon. Achieving the objectives set before the legal science by the
modern requirements encourages a wider look at the essence of judicial activities, correlating
it with the concept of justice. The low efficiency of alternative methods of dispute
resolution allows currently to raise the question not so much about the application of
them to the disputes related to the protection of public interests, but about the development
of judicial procedures to resolve social contradictions.