Interest as a Means of Procedure Management

In various spheres of procedural activity, interest along with subjective law acquires practical significance, since it affects the motivational sphere of behavior of participants in the process. This allows you to manage a conflict legal relationship with the help of tangible and intangible ways of exercising and protecting rights in a judicial and administrative manner (Article 11 of the Civil Code of the Russian Federation). In the conditions of procedural activity, a legitimate interest acts as a means of directing (coordinating) the parties to the dispute to its resolution. For example, despite the independent choice, the form of protection is determined by the court, based on the goals and objectives of the proceedings. In another case, legitimate interests ensure the choice of judicial and non-judicial means and methods of protection of rights to be applied in a certain order (sequentially, jointly, simultaneously, alternatively), which allows you to preserve the legal and (or) economic situation of the applicant. Based on an initiative appeal on the merits of the dispute, the interests subordinate the applicant to the requirements of the legislator, thereby establishing a balance (balancing) existing and possible material and non-material interests. In such conditions, the task of procedural management is to minimize the risk of loss of tangible and (or) intangible benefits, to ensure proper and timely consideration and resolution of the dispute, the formation of a respectful attitude to the law and the court. If the legitimate interest is considered as a means of controlling the behavior of the participants in the process, based on the uniform requirements of the law, then the subjective interest is a means of management based on personal characteristics and factual circumstances.