Legal Category «public Interest» From Position of Approach of Systems

The article is devoted to the disclosure of the legal nature of the category «public interest» from the position of the system scientific approach in law. Grounded, that a public and private law are different facilities of gaining end of right : legal providing of confession of man a higher social value. Disqualification of theory of belonging of industry is well-proven for a public law by means of universal criterion of division : application of category «public interest» at forming of object and method of industry in private law legal relationships. Drawn conclusion about disparity of division of right on private and public in part of their differentiation a criterion «method of protection of rights for their participants», that activates only after violation last, and an equitable right exists also to violation, during existence of regulatory legal relationships and exactly it forms belonging to corresponding industry. In relation to civil and civil-judicial sphere, nature of equitable civil right normatively certain (or assumed are the articles 6, 15 Civil Code of Ukraine) to offence, but not after him, although the method of defence of equitable right shows up only after his violation. The question is about civil application of right, the selection of legal norm that will regulate a certain legal relationship and corresponding equitable rights and legal duties of participants of such civil legal relationship comes forward the first stage of that.The signs of public interest are formed as to the legal category from position of approach of the systems : a 1) public character of public interests (setting of public interest) 2) tie-up with mass character (quantitative aspect); 3) confession from the side of the state and material well-being by a right (normatively envisaged, substantial social values are a soba or in general assumed by a right as a certain display of caring from the side of the state in regard to stability of law and order) 4) possibility of their realization by means of measures of state-imperious character.