The doctrine of action popularis in international litigation: genesis and value dimension

Abstract

The article is devoted to the analysis of the genesis and value dimension of the doctrine of action popularis and its application in the field of international criminal justice. The main ideas that formed the basis of the doctrine of action popularis are studied. The judicial practice of application of the modern doctrine of action popularis is analyzed. In the process of constitutional and legal reform in the field of justice in 2016, the Basic Law of the state was supplemented with new provisions, in particular, that in order to protect the rights, freedoms and interests of individuals in public relations there are administrative courts (part five of Art. Article 125 of the Constitution of Ukraine), and on the introduction of the legal institution of a constitutional complaint (part four of Article 55, Article 151-1 of the Constitution of Ukraine). Therefore, the issues of research of the judicial doctrine of action popularis, which determines the judicial protection of the rights and interests of an indefinite number of persons, acquire special importance. On the basis of which the principles of this doctrine since the days of Ancient Rome, the protection of the rights and interests of a particular person was carried out, in particular, taking into account national, national interests, and according to which doctrine every member of society had the legal right to protect public interests. , which are of paramount importance for society, the people, the state as a whole (translated from the Latin publicum - society, people, state), the right to combat crime. One of the trends in the development of modern international law is the formation of legal and institutional foundations for the protection of values, which are most important for the entire international community, and which form the basis of the modern international legal order. The need to ensure a fair balance, which must be established between the general interests of society as a whole and the requirements for the protection of individual fundamental rights, is reflected in the practice of international courts. Key words: Doctrine of action popularis, international court, international crimes, international judicial process.