PUBLIC INTEREST AS A CRITERION FOR ESTABLISHING SUBJECT JURISDICTION IN DISPUTES RELATED TO THE USE OF PUBLIC PROPERTY

Abstract

The purpose of the scientific article is to characterize the public interest as a criterion for establishing subject matter jurisdiction over disputes related to the use of public property. It has been established that the use of public property as property or resources owned by the state or community should be functionally designed to meet public interest and needs. The volume of public property includes such objects as: land plots (places of recreation and recreation for the population, squares, forests, agricultural lands, territories for creating cultural and educational facilities, etc.); real estate objects (public buildings, museums, hospitals, schools, roads, bridges, airports); water resources (rivers, lakes, reservoirs, water sources, multiple use of water for public needs); public (public) transport (buses, trains, metro, trams serving for the movement of citizens); cultural and natural attractions (archaeological reserves, national parks, monuments and other objects of cultural heritage); infrastructure for general use (gas, electricity, water supply communications, sewerage channels, communications (telephone, internet), etc.). It has been established that public property should be used to meet the needs of the implementation of the content of the administrative and legal status of the authority, to promote the dominance of public order, the balance of public and private interests. It is concluded that the criterion of public interest should be applied as the basis for establishing the subject matter jurisdiction of claims for the use of objects of public property. It is determined that the public interest lies in satisfying the idea of social dialogue between business entities, the state and the population. It is emphasized that, based on the content of national judicial practice, administrative proceedings should consider disputes about: the use of land plots of communal property related to the provision of permits for their use; implementation of administrative procedures in the field of land management, which is linked to meeting the needs of society or the state; registration of rights to use public property; implementation of control and supervisory procedures for the use of public property; carrying out the assessment of public property objects (land and land plots) according to the formation of registers of normative monetary valuation; establishing and changing the boundaries of settlements.