PUBLIC ORDER AND INTERESTS OF THE STATE AND SOCIETY: CATEGORIES OF PRIVATE AND BUSINESS LAW

Abstract

The article is devoted to the study of the concepts of “public order” and “interests of the state and society”. On the basis of the analysis of the provisions of international private law, norms of civil and economic legislation, the problems of interpretation of the mentioned concepts are singled out. Public order is public-legal relations that have an imperative character and determine the foundations of the social order of the state. The lack of clear boundaries of the application of public order and the interests of the state and society leads to the fusion and identification of these concepts. The article distinguishes between public order and the interests of the state and society. It was concluded that «interests of the state and society» should be interpreted in a broad sense. The evaluative term “interests of the state and society” performs a universal prohibition function. The interests of the state and society are violated in the event of violation of the normative acts in which they are enshrined. The direct object of encroachment by the participants of an illegal transaction are public legal acts by their nature. Under the interests of the state and society in civil legislation, it is necessary to understand public interests, which have found their legislative consolidation in acts of public legislation in the form of relevant imperative prescriptions. In particular, these are prescriptions of criminal, administrative, tax, customs legislation. In law enforcement practice, it is difficult to distinguish public order from the interests of the state and society, which requires further scientific research. The correct formulation of the grounds for the invalidity of the deed (contradiction to public order or the interests of the state and society) affects its legal consequences. For an act that violates public order, such consequences are bilateral restitution. The consequence of committing a deed with a purpose that is known to be contrary to the interests of the state and society may also be the prevention of restitution or its one-sided nature (depending on the presence of the parties’ intention for an illegal result).