Strategic Judicial Protection of Public Interests: Legal Aspects

  • Elena Anatolyevna KIRILLOVA Southwest State University, Kursk, Russia
  • Varvara Vladimirovna BOGDAN Southwest State University, Kursk, Russia
  • Oleg Evgenyevich BLINKOV Academy of Law Management of the Federal Penal Service of Russia, Ryazan, Russia
  • Yuliya Alekseevna KOZHINA Academy of Law Management of the Federal Penal Service of Russia, Ryazan, Russia
  • Kseniya Vasilyevna YUNUSOVA Academy of Law Management of the Federal Penal Service of Russia, Ryazan, Russia

Abstract

This article discusses the features of strategic judicial protection of public interests. Public interest law has the potential to become a common language which can be spoken by various social forces pursuing different goals, but sharing a common interest in building a truly legal state and improving the protection of citizens. The main objective of the research is the analysis of the category of ‘the right of public interest’ and the consideration of the role of strategic judicial protection of public interests. When writing the article, we used the methods of collection and study of single facts; the generalization methods; the methods of scientific abstraction; the methods of cognition of regularities. The conducted research allows introducing into scientific circulation the author's definition of the ‘public interest law’; the work sets the basic features of public interest as a legal category, it is concluded that strategic lawsuits are a form of judicial protection of public interests, which are conducted in the interests of a citizen or a group of citizens, with the aim to achieve systemic changes in the legal field for the benefit of society (in particular, the improvement of the legislative base of the country) and is used to create court practice (precedents). The strategic litigation regarding the public interest should apply the settlement arrangements – negotiation, mediation, judicial conciliation, the settlement agreement. It is proposed in the submission by the parties of documents of statistical and financial nature to use the conciliation procedure – the verification of the calculations, which will allow reconciling the parties and undertaking the necessary legal reforms of the society. It is required to ensure that the results of the reconciliation in such cases can only be a complete rejection of the claim, its full recognition, recognition of circumstances on which the other party based its claims or objections, the agreement in the circumstances of the case.

References

[1] Abdullah, N.C. 2015. Public Interest Litigation in Alternative Dispute Resolution: A Proposed Mechanism in Tribunal for Consumer Claims. Procedia – Social and Behavioral Sciences, 168: 204-210.
[2] Aron, N. 1989. Liberty and Justice for All: Public Interest Law in the 1980s and Beyond. Boulder: Westview Press.
[3] Borská, J. 2017. Problems of Different Territorial Jurisdiction of the Authorities of Social and Legal Protection of Children (OSPOD) and Courts Regarding the Provision of the Protection of the Rights of Minor Children. Kontakt, 19(1): e48-e56.
[4] Bromell, D. 2017. Working Together… in the Public Interest. In The Art and Craft of Policy Advising (pp. 155-177). Springer International Publishing.
[5] Chettiparamb, A. 2016. Articulating ‘Public Interest’ through Complexity Theory. Environment and Planning C: Government and Policy, 34(7): 1284-1305.
[6] Cooper, J., and Dhavan, R. 1986. Public Interest Law (p. 5). Oxford: Blackwell
[7] Daher, M. 2017. Creditor Control Rights, Capital Structure, and Legal Enforcement. Journal of Corporate Finance, 44: 308-330.
[8] Dorn, N. 2011. Reconstructing ‘Conflict of Interest’ in Financial Markets: Private Management, Public Challenges, Future Prospects. International Journal of Law, Crime and Justice, 39(3): 161-173.
[9] Downs, D.A. 2015. Civil Liberties and Human Rights. In J.D. Wright (Ed.), International Encyclopedia of the Social & Behavioral Sciences (2nd ed., pp. 674-679). Elsevier.
[10] Epp, C. 1998. The Rights Revolution: Lawyers, Activists and Supreme Courts in Comparative Perspective. Chicago: The University of Chicago Press.
[11] Garrett, B.L. 2017. The Public Interest in Corporate Settlements. Boston College Law Review, 58, 58
[12] Grigonis, S. 201). EU in the Face of Migrant Crisis: Reasons for Ineffective Human Rights Protection. International Comparative Jurisprudence, 2(2): 93-98.
[13] Grødeland, A.B. 2015. Perceptions of Civil Rights, Security and the ‘War on terror’: East and West Compared. Communist and Post-Communist Studies, 48(4): 317-335.
[14] Harris, D., O’Boyle, M., and Warbrick, C. 1995. Law of the European Convention on Human Rights. London.
[15] Kairys, D. 2015. Civil Rights. In J.D. Wright (Ed.), International Encyclopedia of the Social and Behavioral Sciences (2nd ed., pp. 686-690). Elsevier.
[16] Kirillova, E.A., et al. 2015. Inheritance of Electronic Payment Accounts: Practice Issues. Journal of Internet Banking and Commerce, S1, 002.
[17] Komori, T. 2016. Public Interest Rules of International Law: Towards Effective Implementation. Routledge.
[18] Langer, V. 1988. Public Interest in Civil Law, Socialist Law, and Common Law Systems: The Role of the Public Prosecutor. American Journal of Comparative Law, 36(2): 279-305.
[19] Lesage, C., Hottegindre, G., and Baker, C.R. 2016. Disciplinary Practices in the French Auditing Profession: Serving the Public Interest or the Private Interests of the Profession? Accounting, Auditing & Accountability Journal, 29(1): 11-42.
[20] Marshall, T. 1975. Financing the Public Interest Law Practice: The Role of the Organized Bar. American Bar Association Journal, 61: 1487-91.
[21] Nagel, C., et al. 2015. The legacies of the U.S. Civil Rights Act, Fifty Years on. Political Geography, 48: 159-168.
[22] Rogovin, M. 1981. Public Interest Law: A Response to Societal Problems. In R.L. Ellis (Ed.), Taking Ideas Seriously: The Case of a Lawyers’ Public Interest Movement (pp. 99-106). Washington: Equal Justice Foundation.
[23] Russell, K.M., and Lamme, M.O. (2013). Public Relations and Business Responses to the Civil Rights Movement. Public Relations Review, 39(1): 63-73.
[24] Schwarcz, S.L. 2016. Regulating Corporate Governance in the Public Interest: The Case of Systemic Risk. In Proceedings of the Keynote Address, National Business Law Scholars Conference, The University of Chicago Law School, June 23, 2016.
[25] Weisbrod, B.A. 1978. Public Interest Law: An Economic and Institutional Analysis. Berkeley: University of California Press, pp. 22.
[26] Wiering, M., and Winnubst, M. 2017. The Conception of Public Interest in Dutch Flood Risk Management: Untouchable or Transforming? Environmental Science & Policy, 73: 12-19.
[27] Wilson, R., and Rasmussen, J. 2001. Promoting Justice: A Practical Guide to Strategic Human Rights Lawyering. Washington: International Human Rights Law Group.
[28] Yishay, A.B., and Betancourt, R. 2014. Unbundling Democracy: Political Rights and Civil Liberties. Journal of Comparative Economics, 42(3): 552-568.
Published
2018-02-03
How to Cite
KIRILLOVA, Elena Anatolyevna et al. Strategic Judicial Protection of Public Interests: Legal Aspects. Journal of Advanced Research in Law and Economics, [S.l.], v. 8, n. 5, p. 1537-1543, feb. 2018. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/1707>. Date accessed: 27 dec. 2024.