ENSURING A BALANCE OF INTERESTS AS THE MAIN TASK OF CONSTITUTIONAL REGULATION

Abstract

The authors analyze the operation of mechanisms to ensure a balance of interests in the constitutional law of Russia. Two types of competition of interests are considered: competition of multidirectional private interests realized by various individuals and their associations, and competition between private and public interests. The practice of the Constitutional Court of the Russian Federation shows how a balance between competing interests is achieved in various situations. The authors consider the application of the principles of equality and justice from the point of view of the balance of interests, as well as mechanisms for restricting human rights and freedoms. The authors conclude that the balance of interests, while allowing for the possibility of a proportionate and reasonable restriction of individual rights and freedoms to ensure public interests and protect individual rights and freedoms, does not allow arbitrary encroachment on the interests of some persons in the interests of others. At the same time, the "point of equilibrium" between competing interests is mobile and depends on the specific socio-political context that exists in the corresponding historical period.