| Article title | Types of Public Interests and Their Strengthening in the Legislation of Ukraine |
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| Authors |
Valentyn Shcherbyna
Doctor of Law, Professor, Academician of the National Academy of Laws of Ukraine, Honored Lawyer of Ukraine, Professor of the Department of Economic Law and Economic Litigation of the Educational and Scientific Institute of Law of the Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0003-4221-0965 vsshcherbyna@ukr.net
Tetjana Bodnar
Doctor of Law, Professor, Corresponding Member of the National Academy of Laws of Ukraine, Professor of the Department of Civil Law of the Educational and Scientific Institute of Law of the Taras Shevchenko National University of Kyiv (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0001-7066-453X tvbodnar@ukr.net
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| Journal name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Journal issue | 2 / 2026 |
| Pages | 150 - 162 |
| ISSN (print) | 1026-9932 |
| ISSN (online) | 2310-323X |
| DOI | https://doi.org/10.33498/louu-2026-02-150 |
| Received | 02.01.2026 |
| Accepted | 06.04.2026 |
| Published | 14.04.2026 |
| Abstract | Types of public relations are studied taking into account the provisions of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, and the provisions of national legislation. The norms of laws that refer to individual types of interests are analyzed and the presence of generally evaluative concepts and categories characterized by insufficient legal certainty is noted. The author’s classification of public interests is proposed depending on their subject composition, content, significance and the method of interaction of interest holders. It is noted that the absence of norms in most regulatory legal acts of economic legislation that would reveal the content of a specific public interest in practice gives rise to an appeal, instead of legal ones, to doctrinal definitions of individual types of public interests and their subjective characteristics using evaluative categories and concepts, which leads to a lack of objective understanding of the concept and content of the mechanisms for implementing and protecting these interests in the event of their violation. In addition, there is an unfounded identification of interests that are similar in content but different in subject composition, such as national, state, public interests or interests of the territorial community and public interests or interests of civil society. In this regard, the importance of the requirement established by the Law of Ukraine “On LawMaking Activity” not only to reflect in documents the legal forecasting of public interests, but also to regulate them through law-making activity is emphasized. The expediency of preserving in the updated Civil Code of Ukraine the provision on the invalidation of a transaction that does not meet the interests of the state and society, as well as the proposal to replace in this code the construction “interests protected by law” with the construction “legitimate interests”. |
| Keywords | public interests; national interests; state interests; public interests; interests of civil society; interests of the territorial community |
| References | Journal articles 1. Kubko A, ‘Derzhavni interesy v pravovii systemi Ukrainy: poniattia, oznaky, realizatsiia’ [2020] 1(37) Publichne pravo 166 https://doi.org/10.37374/2020-37-15 (in Ukrainian). 2. Kucher V, Kurylo T, ‘Porushennia interesiv derzhavy ta suspilstva yak pidstava nediisnosti pravochynu’ [2019] 3 Yurydychnyi naukovyi elektronnyi zhurnal 68–71 (in Ukrainian). 3. Kucher V, Parasiuk V, Zdrenyk I, ‘Publichnyi poriadok ta interesy derzhavy i suspilstva: katehorii pryvatnoho ta hospodarskoho prava’ [2023] 1 Naukovyi visnyk Lvivskoho derzhavnoho universytetu vnutrishnikh sprav. Seriia yurydychna 3–10 https://doi. org/10.32782/2311-8040/2023-1-1 (in Ukrainian). Newspaper articles 4. Monaienko A, ‘Kasatsiini “filtry”. Deiaki pytannia dopusku dlia perehliadu sudovykh rishen VS’ (Iurydychna Hazeta, 11 lypnia 2018) (accessed 22.12.2025) (in Ukrainian). Dictionaries and encyclopedias 5. Public interest (Reverso) (accessed 22.12.2025). 30 Про правотворчу діяльність: Закон України від 24.08.2023 № 3354-IX (дата звернення 22.12.2025). pravoua.com.ua 162 Валентин Щербина, Тетяна Боднар 6. Interes hromadskyi (Elektronna versiia “Velykoi ukrainskoi entsyklopedii”) (accessed 22.12.2025) (in Ukrainian). Websites 7. Synonimy v tekstakh ofitsiino-dilovoho styliu (accessed 22.12.2025) (in Ukrainian). |
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