The Concept of National Interests in the Modern Theory of State and Law

Proceedings of ‏The 4th International Conference on Social Science, Humanities and Education

Year: 2020

DOI: https://www.doi.org/10.33422/4th.icshe.2020.12.33

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The Concept of National Interests in the Modern Theory of State and Law

Bela B. Bidova

ABSTRACT: 

 The article raises the issues of developing a general legal theory of national interests in order to achieve a multi-level balance and reliable protection of individual, group, public and state interests and their effective implementation. The totality of these interests constitutes a system of national interests, and it is responsible for the sustainable, stable development of society and the state, which makes it possible to solve the national interests of future generations of Russians in the process of legal development of the state. In this direction, an attempt has been made on the platform of the general theory of law to consider the nature, genesis, essence, content, specific configuration of national interests, as well as to study the systemic and structural characteristics of the mechanism for ensuring their implementation and directions for increasing its effectiveness.

National interest reflects the actual human need of the people for existence, self-preservation, development and prosperity. It applies to all spheres of the life process of the nation: the national economy, social environment, military policy, culture, educational system, scientific sphere, spirituality, religiosity, morality, etc. Due to the fact that the national interest as a whole reflects the interests of specific citizens, it is real factor, it is dynamic, not stationary and acutely senses the conditions and circumstances, in one way or another affecting the implementation of national goals. At the same time, the existence of national interest as a feature of a national society is possible as long as this society exists.

The author carried out a systematic and comprehensive theoretical and legal study of the nature, essence, content, types of national interests, based on the dialectical unity and interconnection of all aspects of this legal phenomenon. The author, on the basis of the conducted research, draws conclusions that the comprehension of the nature and essence of national interests is largely facilitated by the rules of the formal logic of interrelated concepts: interests – needs – national interests. Interests are always conditioned by needs that can be satisfied through a certain activity, and they induce a person to look for appropriate means for this. At the same time, interests and needs are not identical, since interests are a more voluminous concept; social type and features of interest have their origins in its nature and essence. The development and formation of an understanding of national interests occurs consistently, over a long time and under the conditions of historically established factors in the economic, social, cultural, political and national spheres; for this reason, national interests have a strong connection with the carriers of these factors – the people and their history.

Keywords: concept; implementation mechanism; interests; needs; national interests; protection of national interests; theoretical and methodological approach; theories of state and law.