PUBLIC INTEREST IN THE MECHANISM OF ADMINISTRATIVE LEGAL REGULATION: CONTEMPORARY APPROACHES TO ITS DEFINITION AND ENSURING

Abstract

The article examines contemporary approaches to understanding the concept of public interest within the mechanism of administrative legal regulation and analyzes the peculiarities of its legal consolidation and practical implementation. It is established that despite the legislative definition of public interest introduced by the Law of Ukraine “On Administrative Procedure”, administrative law doctrine still lacks a unified approach to interpreting this category, which necessitates further scholarly research. The main doctrinal approaches to defining public interest developed in Ukrainian legal scholarship are analyzed, and the relationship between public and private interests is characterized. It is substantiated that public interest cannot be reduced to a mere aggregation of private interests, since it represents the result of their generalization and legal recognition in the form of socially significant objectives. The role of the State in the legal recognition and protection of public interest is examined, with particular attention paid to the need for procedural safeguards preventing the substitution of genuine public interest with departmental or corporate interests. The article determines the place of public interest within the system of administrative law and highlights its significance for administrative procedure, administrative justice, and the activities of public administration bodies. The principal administrative legal instruments for ensuring public interest are analyzed, including rule-making, administrative procedure, supervisory and control activities, administrative appeals, and judicial review. Particular attention is devoted to the principles of legality, proportionality, good administration, good faith, and legal certainty as essential guarantees for maintaining a proper balance between public and private interests. The scientific novelty of the study lies in the author’s proposal of a system of quantitative, substantive, and procedural criteria for distinguishing public interest from departmental interests of public authorities. The article also substantiates proposals aimed at improving administrative legal regulation by strengthening the requirements for the reasoning of administrative acts, systematizing judicial practice, and clarifying legislative approaches to determining the holders of public interest in specific categories of administrative disputes.