Features of determination of international legal mechanism for protection of private rights
Journal Title: Економіка. Фінанси. Право - Year 2019, Vol 7, Issue
Abstract
Introduction. Since Ukraine has chosen to join the European community it recognized the need for international cooperation. Visa-free regime between Ukraine and European countries resulted in the considerable increase in the population migration, due to which the new legal relations on property issues, marriage and family relations, labor relations, international relations, as well as the issues of international transportation by various types of transport and other areas of private human life, along with the development of relations of subjects of entrepreneurial activity are considered within the framework of international law. In some cases, a participant in legal relationships can not protect his violated right by national means within the limits of the state judicial procedures of the country, and then appeals to international institutions for the private rights protection. The purpose of the article is to study and determine the features to be taken into account when choosing an effective legal mechanism for the private (civil rights) protection with citizens of different countries (foreign element) to be the participants of the case. Results. The main measures aimed to protect and ensure private rights are identified, as well as the components of the mechanism of private rights protection. These measures include reactive actions aimed at the formation or establishment of the fact of law abuse; corrective measures of the mechanism provide correcting the situation; provisional measures aim to provide the international area of legal relations through ensuring the observance of the law and the establishment of justice. The elements of legal relations that arise in case of private rights violations are distinguished. The peculiarities of the realization of the right to protection in the relations involving the citizens of different states are investigated. Conclusions. When choosing a specific mechanism for private rights protection, the definition of the elements of the violated legal relationship become vital. There may arise a conflict between the norms of national and international law in the process of the right to protection realization due to involving the citizens of different states. To avoid such conflicts all states, take measures to unify the legal norms. These processes are carried out not only within the European Union, but around the world as well. Of particular importance is the world unification, which should be aimed at establishing uniformed rules of conduct, as well as the definition of effective measures of liability that can be applied to offenders with the obligatory control over their implementation along with the development of measures for their enforcement.
Authors and Affiliations
Iryna Ivanivna Yefremova
Keywords
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