The legal nature of judicial protection in international law

Abstract

The article is devoted to legal protection under international law. International judicial protection is considered as an industry model, implemented within the framework of common law model of international integration. Based on the analysis of scientific doctrine and international criminal jurisdiction the author considers the right to judicial protection in the framework of two types of justice: rehabilitative justice model and restorative justice model. These two alternative models in the framework of international criminal justice are personified. They are directed (apart from the entire criminal justice system) not only to protection of public interest and to insurance of the rights of specific individuals, victims of crime, or vice versa held liable for the commission of crimes. International judicial protection in the field of criminal justice include the following components: institutional aspect; Criminal procedure aspect; the substantive aspect. The author concludes that the implementation of international judicial protection is only possible if the relevant and necessary conditions are created. One of these conditions is the right to judicial protection. This right is the primary element of the mechanism of legal regulation of the international judicial protection which is reflected in the norms of international law. The methods of research: general methods of knowledge (dialectical method); general scientific tools (comparative legal method, structural-functional method, a systematic method, the formal-logical studies, the method of theoretical analysis and synthesis of various literature sources, the method of summarizing the information received and the materials, conclusions); private-scientific means (comparative study method, historical method) and a specific legal means (formal-legal method, the methods of comparative law, the interpretation of law, generalization of judicial practice). The author compares various international legal norms guaranteeing the right to judicial protection.