ON THE DIALECTICAL CONNECTION OF INTERESTS AND PROCEDURAL DUTIES OF THE COURT
Background: establishing an optimal and proper balance of interests of all partici pants in legal relations is necessary to preserve the stability of the existence of the entire system of the state and its bodies, which will affect the judicial protection of an individual. Objective: in the article the author intends to establish the need of various differentiation of the category “interest” and the choice of priority by the court when implementing civil proceedings. Methodology: in doing the research the following methods of study were used: dialectical analysis which allows to evaluate the results of norm-setting and law enforce ment, historical and comparative methods of scientific knowledge which contributes to an objective assessment of the quality of the current legislation, the system method allowed to interpret the categorical apparatus, the method of legal modeling served as a justification for proposals to improve legislation. Results: in the research the author substantiates the necessity of taking into account the dialectical relationship of personal and public interests in civil proceedings. It is proved by the author that in the event of competition of interests when adjudicating cases the obligation of the court to provide public interest emerges. In order to implement this obligation the court should exercise reasonable and balanced ac tivity. Conclusion: in modeling the norms of the uniform procedural code, the legislator should pay due attention to the case treatment regulation and the relevant obligations of the court, taking into account the specifics of the range of persons involved interest and the possibility of its controversial interpretation.