Implementation of the Principle of Justice in the Correlation of the National and International Components of Judicial Protection of Violated Rights
Annotation
The article examines the ideological, procedural, substantive, and organizational problems of implementing the principle of justice within the framework of national and international judicial protection of violated rights, represented by the Court of the Eurasian Economic Union. The ideological aspect is the duty of the court to provide judicial protection regardless of the degree of positivization of judicial powers. Based on this worldview, a correlation between national and international justice is assumed that prevents encumbrances for interested parties caused by a vacuum of judicial competence. The main role in overcoming such vacuums should be performed by national judicial authorities, which are in demand in the indirect and direct application of the positive law of international organizations. The substantive and legal problem of implementing the principle of justice in relation to national and international judicial protection is universal and consists in the court's assessment of the results of public authorities' activities not as an independent subject of judicial control, but solely through the prism of violated civil rights, the protection of which is mediated by the will of authority.
Keywords
| Type | Article |
| Information | Arbitrazh and Civil Procedure № 03/2026 |
| Pages | 7-11 |
| DOI | 10.18572/1812-383X-2026-3-7-11 |
