Fundamental principles of law in the legal system of modern national and international law
View/ Open
Date
2021Author
Savchyn Савчин, Nelia Неля
Zadorozhna, Svitlana
Kyryliuk, Nataliia
Tokarska, Antonina
Vyhovskyi, Leonid
Metadata
Show full item recordAbstract
The fast development of international legal relations puts forward more and more
requirements to legal regulation, which should be flexible and effective to achieve the
goals of the modern international community. However, the current globalization
processes in the international legal order have not only positive but negative
consequences, which contributes to the necessity for the comprehensive analysis of the
international legal system in the context of globalization. The study aims to examine the
problem of defining the concept and nature of basic principles as the basis for the
protection of human rights in the modern legal civilization space. In the study, the number
of common law methods, general scientific and special scientific methods were used. The
leading method of the study was a comparative legal method that allowed to compare
principles of international law and other norms of international law, their place in the
system of international law with the allocation of general and special interaction. As the result of the study, we characterized the main features of the basic principles as the basic
rules of regulation of legal relations, analyzed the role of principles as fundamental
principles of functioning of the international community, and substantiated the basic role
of principles in the legal regulation of human rights. The study also determines the sources
of the enshrinement of the basic principles of international law and its customary origin.