The Balance Between Private and Public Elements in Legitimate Interests in Family Law

The paper examines the combination of private and public principles in legitimate interests in family law. For a complete understanding of the research topic, the authors first examined the concept of “interest” as a general philosophical category, and then the concept of “legitimate interest” as a theoretical and legal phenomenon. The paper explains why it is necessary to talk about the relationship between private and public principles of legitimate interests in family law, rather than private and public legitimate interests. In the course of the study, normative legal acts were analyzed, mainly the Family Code of the Russian Federation and the practice of its application. The authors offered their own view of the existing problems in the area of the relationship between private and public legitimate interests in family law, and also pointed out the need for the legislator to change them.

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Publication Details

Journal
Family and housing law
Published
2026-11-10
DOI
https://doi.org/10.18572/1999-477x-2026-6-21-23
Primary Topic
Family and Matrimonial Law
Type
article
Field-Weighted Citation Impact
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article

The Balance Between Private and Public Elements in Legitimate Interests in Family Law

Denis Viktorovich Shepelev, Dina Viktorovna Shepeleva, Georgiy A. Gurov
Family and housing law
Family and Matrimonial Law
article

The Balance Between Private and Public Elements in Legitimate Interests in Family Law

Denis Viktorovich Shepelev, Dina Viktorovna Shepeleva, Georgiy A. Gurov
article en

Abstract

The paper examines the combination of private and public principles in legitimate interests in family law. For a complete understanding of the research topic, the authors first examined the concept of “interest” as a general philosophical category, and then the concept of “legitimate interest” as a theoretical and legal phenomenon. The paper explains why it is necessary to talk about the relationship between private and public principles of legitimate interests in family law, rather than private and public legitimate interests. In the course of the study, normative legal acts were analyzed, mainly the Family Code of the Russian Federation and the practice of its application. The authors offered their own view of the existing problems in the area of the relationship between private and public legitimate interests in family law, and also pointed out the need for the legislator to change them.

Family and housing law
Kutafin Moscow State Law University (RU)
Family and Matrimonial Law
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