Court precedent as an international legal standard for the protection of personal rights, freedoms and interests

Abstract

The article considers the issue of establishing a judicial precedent as an international legal standard for the protection of rights, freedoms and interests of a person.
 The concept of «personal rights» is proposed to be understood as a set of human rights and citizen’s rights and the basis of the construction of «personal rights» should be considered to be respect for human dignity which is the source of the rights and freedoms of a person.
 It has been found that the law and the state are the primary system of minimum means and guarantees of observance of human and citizen rights which can be used in the interests of the formation and development of the individual. At the same time the law acts as a means of ensuring the freedom of the individual as well as a means of reasonable and fair restriction of those who are not aligned with social needs and people’s ideas about the good and justice of the level of freedom and the scope of power.
 It has been proven that the international legal standards of the rights, freedoms and interests of a person are generally recognized provisions of international acts of a mandatory and recommendatory nature, as well as the principles of international law that establish the fundamental rights of a person. The content of the influence of international law on national law is that the basis of their interaction is determined primarily by constitutional means, since most state constitutions contain a significant number of provisions on basic human rights, which are defined by international acts. In addition, national legislation is subject not only to the provisions of international acts, but also to international courts and institutions whose main mission is to protect human rights, freedoms and interests.
 It was concluded that with the emergence of universal rights, freedoms and interests of the individual and related international systems of their protection, a new fundamental law is formed, which is based on judicial practice, which has its own rules of adoption and standards of application of court decisions, and court precedent is considered as international legal standard for the protection of the rights, freedoms and interests of a person.