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
Related Articles
- EP ID EP674816
- DOI -
- Views 86
- Downloads 0
Features of enterprises’ production volumes planning in conditions of strict competition
The article is devoted to determining the optimum composition and size of production volumes, in a competitive environment, using the example of a domestic enterprise. The article substantiates the necessity of using str...
The concept of beneficial ownership in the double tax treatie
Introduction. The article considers the features of the concept of beneficial owner, which is widely used in the international double tax treaties. For a long time, different intergovernmental organizations try to define...
Some directions of the organization of internal audit of productive reserves of the enterprise
Introduction. Ensuring the effectiveness of the operation of the structure of the enterprise and protecting the interests of owners is the main task of internal audit. The economic literature proposes a different sequenc...
Regulatory and legal content of the "information and communication providing of access to justice" concept
In the article on the basis of the author's proposed algorithm for determining the content of the legal concept on the basis of the method of normative content of the analysis, the concept of «information and communicati...
Neo-nazism as a destabilizing factor that exerts influence on the European Union and neo-fascist sentiment in Ukraine
The article investigates the features of neo-Nazism as a destabilizing factor affecting the European Union, analyzes the activity of youth informal asso-ciations whose activities are aimed at violent actions on the groun...