RESTRICTIONS ON THE PROTECTION OF PUBLIC INTEREST IN THE FIELD OF CONSTRUCTION AND TERRITORIAL PLANNING

Kristina Mikalauskaitė-Šostakienė

Abstract


In the event of a violation of individual rights, the right to judicial protection is universally guaranteed. In cases where the right of a particular person is violated or a legitimate interest protected by law, the person himself or herself may apply to judicial protection directly. However, there are many situations in which certain acts or omissions cause damage to an object of general interest. In such a case, the public interest is presumed to be infringed. Assessing the cases of violation of the public interest in general, the sphere of territorial planning and construction should be distinguished as a specific area. Since cases of abuse of judicial protection occurred in these areas, often under the guise of protecting the public interest, the legal regulation was changed. This article analyzes the restrictions on the protection of the public interest established by legal norms, the changes in the legal regulation due to the protection of the public interest in the field of planning and construction of territories. The answer to the question of whether a restriction of the protection of the public interest is necessary at all is sought. It is presumed that excessive restrictions on the protection of the public interest may prevent it from defending it and dishonest individuals from pursuing their private interests at the expense of the public interest.


Keywords


territorial planning; construction; public interest; restriction of public interest protection

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DOI: https://doi.org/10.13165/PSPO-20-25-16

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