The socio-interactive nature of legally protected interest and its role in the process of the formation of the elements of law matter

• Main Author: Vasilii Vladislavovich Trofimov
• Format: Article
• Language: English
• Published: Peoples’ Friendship University of Russia (RUDN University) 2016-12-01
• Series: RUDN Journal of Law
• Subjects: право; правовое регулирование; правовая материя; общество; социальные правовые интересы; социальное взаимодействие; социально-интерактивная природа; правовые средства; экономическое взаимодействие; политическое взаимодействие; конфликтное взаимодействие; социальное сотрудничество; императивный метод; диспозитивный метод; правовая политика
• Online Access: http://journals.rudn.ru/law/article/view/14792

This article discusses and describes the role of the legally relevant social interests in the process of formation of the elements of law matter. The connection between social media and the procedure of legal regulation is stated. It has been determined that social nature of law starts its immediate performance in the amount of those social interests which demand for the necessity of their regulation via statutory power. On the basis of the analysis of national works in the field of juristic doctrine, the term “law matter” is introduced as the most distinctively revealing the inner structure of the right, the accumulation of the means of the right which have a regulating impact on social interactions. The significant role of interests in social and law development is highlighted as these are the interests that predetermine the social and law dynamic pattern (a dialectic of the form and content of the right). Interests are considered as the intermedium between the subjective stage of the regulating right formation process and an objective one, since the interests are connected with the subjective knowledge of objective factors which are at the forefront of the right formation process. Various interpretations of the notion of interests are presented. The description of interests in the context of social interaction is emphasized. The socio-interactive nature of the legal interests arising in the course of continuous social interaction is justified. Basing on the etymology of the term but not exclusively, it has been asserted that the interest is initially a socio-interactive phenomenon which recurs in the processes of social interaction and presents the initial ontological (life) base for the right (the right regulation). The appearance of economic interests which are needed to be legally regulated in the process of interaction among corresponding bearers of economic interests is given as an example. The similar example of law significant interests reproducing is found amid the political interaction (the interaction of authorities and society).The dependence of the nature of the social and legal interests and legal expressing their type forms is established. Thus, it is proved that the relation of the conflict type influence the formation of negative legal means (prohibitions, abeyance, sanctions) the aim of which is the demarcation of conflicting parties, lowing the level of tension in social systems. On the other hand, it can be noticed that the situations of social cooperation (where social interests are mostly in agreement) stipulate the system of positive legal means (permission, incentives, encouragement) which contribute to the united relations in the society. The significance of timely revelation of legally important social interests resumed being one of the problems of modern legal policy.