INTERNATIONAL COMMUNITY AND HUMAN RIGHTS

Within the article through theoretical analysis and practical examples the author analyzes in detail the role of the international community in the area of international human rights law. Starting with a doctrinal analysis of the concept of the international community, the author step by step explores the role of the international community in solving the main problems of the legal sphere of human rights, identifying specific manifestations of that influence, and examines current trends in the development of the role of the international community in the area of human rights. The author considered that despite the vagueness of the concept of «international community», it is a direct actor in the area of human rights. The status of a subject of international law regarding the international community cannot be confirmed with unequivocal certainty — it is a legal fiction used to form concepts in international law — but it is also impossible do not recognize the role of the international community in the modern international law. In the area of international human rights law, it is manifested as follows: (1) the international community directly forms the list of recognized human rights, which is ‘the lowest level'; (2) the international community uses a non-contractual mechanism to expand the instruments of legal and political protection of human rights; (3) the international community owes human rights responsibilities that are exercised through other subjects of international law; (4) the protection of human rights by the international community takes place in the political and legal spheres, which are related and independent of each other at the same time. Globalization as a recognized phenomenon influences the evolution of the role of the international community in the area of human rights. Such an evolution can be summarized as follows: the tendency to gradually expand the scope of tools, tools and agents of the international community can be characterized positively, and the lack of dynamic evolution of the lowest level of international human rights protection can be negatively characterized.