PROBLEMS OF LEGAL REMEDIES AND LEGAL INTERESTS

Abstract

The purpose of the article was to investigate the problem of legal means and legal interests, modern methodological approaches to the definition and attributes of these categories, to question their relationship, and to consider these categories in the context of the protection of the rights of property owners.
The author considered the present position of the supporters of the theory of instrumental legal means; analyzed the activity approach to the study of the nature of legal means and the opinions of scholars on this issue; discussed possible remedies and specific symptoms. Legal means ensure the interests of the subjects of law, help to achieve goals; reflect the quality of information and the energy and resources of law. Legal means, when combined in a certain way, are the main working elements of the law, reflecting the functional aspects of the mechanism of legal regulation, and legal regimes. In addition, they provide legal consequences and concrete results, with various degrees of efficiency or imperfection of legal regulation provided by the State. For clarifying the nature of the legal means they should be scientifically classified. The problem of legitimate interests is topical and needs further discussion in the research paradigm of the dialectic relationship with the subjective right. It is essential to study the problem of identification and differentiation of subjective rights and legitimate interests. The essence, content, and structure of these categories, given their functional characteristics, deserve further investigation. The analysis is complemented with theses that legal means protect the rights and interests of owners, and the description of distinctive forms and methods. The problem of legal means and legitimate interests of owners is universal as it concerns the ways of protection of the property rights. Property relations are present in all spheres of society, so their recognition by the state suggests implementation contained in the law of the powers that ensure their protection.