LEGAL CHARACTERISTICS OF INTERNATIONAL MECHANISMS OF PROTECTION OF RIGHTS

Abstract

The article states that the concept of «form of protection» of rights is based on a person or an authorized entity that will directly apply the methods of protection aimed at restoring the violated, unrecognized or disputed rights of the person. Also, it was found that the form of protection of rights in scientific circles is determined by various subjective parties and is based on the understanding of what is the basis of the «form of protection» and what classification criteria for analysis are taken as a basis. It has been established that classifications according to one or another criterion do not sufficiently reproduce a person's legal choice regarding the procedure and subject of protection of his violated, unrecognized or disputed right. In particular, protection by international bodies, such as the European Court of Human Rights, has not been rightly left out of the classifications, and it is not possible to classify with certainty any form of protection according to the above criteria. The classification of forms of protection according to the nature of the relationship of the jurisdiction with the parties between which there is a dispute is analyzed, highlighting: the resolution of the dispute by a jurisdictional act by one of the parties to the dispute; settlement of a dispute by an act of a body that is not a party to the disputed legal relationship, but is related to one or both parties to the disputed legal relationship by the relevant legal or organizational relations; dispute resolution by a body that is not a party to the disputed legal relationship and which is not related by legal or organizational legal relations other than procedural. It was proposed to classify the forms of protection of rights depending on the hierarchy of jurisdictions, namely: the national and international forms of protection, which included protection provided by international institutions, organizations, either directly or through relevant judicial institutions. There are specific features of the international form of protection of rights – supranationality, the highest and final legal force of the decision of the entity that is the basis of this form of protection. It is stated that a person's application to the international form of protection of rights may be a ground for review of court decisions in connection with exceptional circumstances, even those that have entered into force. This fact demonstrates that, according to the level of hierarchy, the international form of protection has a predominant position in comparison with national courts as a form of jurisdictional protection at the national level.