МЕХАНІЗМ ЗАХИСТУ ПРАВ ІНОЗЕМЦІВ У СТАРОДАВНІЙ ГРЕЦІЇ

Abstract

The purpose of the article is to study the mechanism of protection of the rights of the foreign citizens in Ancient Greece of the VII-II centuries BC, which was carried out on the basis of established international legal customs, that regulated the rules of Greek interpolis communication. To achieve this goal, general philosophical methods were used: dialectical, metaphysical, logical as well as such special methods characteristic of historical and legal research: chronological and comparative-historical. The main result of the research is an analysis of the institutions of private and public hospitality that existed in Ancient Greece – xenia and proxenia, as well as the equality of rights established at the contractual level – isopolitis, in the process of guaranteeing and protecting the rights of foreign citizens in the policies of Ancient Greece. The article shows the origins of the hostile attitude towards foreigners in ancient times and the reasons for such attitude during the formation of ancient policies, among which the religious factor is singled out as the fundamental one. However, the idea of closedness and hostile attitude towards foreigners hindered the interests of trade and the development of ties in other areas, the foreigner had no rights in Greek policies. The development of inter-polis trade, political, cultural, and religious ties required the creation of an institution that could provide protection to foreigners outside their own state. Such an institution initially became xenia as a type of private hospitality, and with the complication of contacts between polises and their unions – proxenia and isopolitia. It was established that "xenia" was an institution of private hospitality and provided that the interests of a foreigner were represented before the police authorities and in court by a citizen of this police who acted as an intermediary and guarantor – xenos. Proxenia was a form of public hospitality and was established between the state and a private person – a proxen, who provided services and received both private citizens and ambassadors from another city, taking upon himself the protection of the interests of this city and the moral obligation to mediate between it and the authorities of his native policy. In turn, in the polis with which he was connected, he enjoyed certain advantages compared to other foreigners in terms of trade, taxes, courts, and was granted honorable privileges. The article examines the election procedure, functions and privileges of xen and proxies, as well as characterizes isopolitics, which is formed as a result of the revival of interstate ties and the conclusion of interstate treaties, in the course of which mutual assistance and recognition of the rights of foreign citizens are recognized and ensured. It is summarized that the considered institutions became early international legal customs that regulated the rules of inter-polis relations in Ancient Greece and became the basis of the mechanism for the protection of the rights of foreigners, and subsequently created the prerequisites for building a legal basis for the formation of the consular service.