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The goal of this article consists in the analysis of phenomenological characteristics and legal correlation of the definitions “national interests” and “national security”. The author highlights doctrinal and conceptual peculiarities of consolidation of national interests in the modern Russian legal system, determines the priorities of establishment of the system of national interests, as well as proposes optimal means for formation of the system of national interests through the integrated model that ensures adequate inclusion of the objectively nationwide interests, creation of mechanisms of their protection and implementation. The efficiency of international legal mechanism of ensuring national interests in Russia on the regional and global scale is being analyzed and assessed. The priorities of international legal cooperation in the context of ensuring national security and protection of national interests are determined. The scientific novelty lies in the statement that sequential analysis of the problems, which emerge in terms of building the system of national security and in the sphere of fulfilling national interests, may significantly affect the theoretical-substantive and technical-legal aspects of the regulatory-protective activity, establish a closer correlation between the fundamental elements of Russian legal system, including elements of the mechanism of ensuring national security.
Purpose: This article is devoted to the analysis of characteristics of national interests’ institutionalization in the North American tradition, namely the evolution of their legal consolidation and the practice of implementation in modern conditions. Methodology: The methodological basis of the present research is based on the application of various general scientific methods of scientific knowledge (analysis, synthesis, deduction, induction, system-structural, formal-logical approaches), as well as particular scientific methods, i.e. historical-legal, formal-legal, comparative-legal, and interpretative. Result: The characteristics of the North American approach to the issues of strategic planning and the development of program documents in the field of ensuring national interests are established, systematized, and characterized by the content of US National Security Strategies of past decades, in terms of securing national interests in them and areas of their implementation. Applications: This research can be used for universities and students in history. Novelty/Originality: In this research, the model of national interests institutionalization in the North American tradition is presented in a comprehensive and complete manner.
The public interest right as a ground for restriction of the ownership right is studied in this article. The notion of sustainable development, widely discussed in recent years at the international level, considers the thesis of balanced regulation of economic relations as one of the main principles of state policy. The balanced regulation of economic relations is impossible without clear definition of the areas of private and public interests in law, as well as without development of the common approaches to the notion, content, criteria, and principles of restriction of the ownership rights. The purpose of this study is to analyze public interest as a groundfor restriction of the ownership right. This scientific work is based on the dialectical method, in which each legal phenomenon is considered in development, in constant movement, and the contradictions of different levels within the framework of the common system are recognized as the internal impulses of development. The principle of systematic analysis of the limits of implementation and restrictions of private and public ownership rights is actively applied. The study proposes to expand the subject composition in legal relations on restriction of the ownership rights and to introduce a new subject of law (the ʽfuture generationsʽ), the interests of which may become the limit of the implementation of the ownership right; the authors' definition of the ʽinterest of the societyʽ is given, the conclusion is madethat the restrictions of the ownership rights are independent legal relationships, arising from the legal facts, based on the law. The proposal is substantiated that in the system of fundamental human rights and freedoms it is necessary to single out the right to property as the basic right of an individual (person), different from the ownership right. The right to property is a potential, yet unrealized opportunity for everyone to possess any property. The conclusions and proposals made in the study will make it possible to ensure the balance of the property interests of the owners and the society.
В статье исследуется проблематика национальных интересов России; приводится определение данной категории, ее виды и формы осуществления; делается вывод о национальных интересах России как о взаимосвязанных и обусловленных друг другом интересах отдельных людей, общества и державы в целом; устанавливается факт того, что основным в национальных интересах является обеспечение прав и свобод гражданина, его безопасности и благоденствия, а значит, безопасности и стабильного развития и процветания всего социума и государства.
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