This article analyzes the category of international legal process as a part of the mechanism of international legal regulation. It indicates the need and the importance of scientific research of international legal process. The last one influences on the functioning of the system of international law as a holistic and complex phenomenon. According to the basic theory of law, the norms of the legal process are secondary and constitute a form of implementation of the substantive rules and they are derived from the substantive law. This article underlines that procedural rules act as a kind of superstructure over the substantive law and regulate organizational activities, specific organizational and procedural public relationship, folding in the application of substantive law and are intended to achieve the result pursued by the latter.
Despite the fact that the domestic doctrine in the end of 19 and in the beginning of 20 centuries researched the principles of international judicial process and the existence of international procedural law, in soviet times, researches on the theoretical development of the international legal process, were not carried out. It should be noted that the soviet science of international law was characterized as such of a strong tradition of theoretical researches and indepth analysis of the issues, but the scientific works of the period relating to the international legal process, are almost absent. In particular, the problem of the institute of peaceful settlement of international disputes investigated outside of the legal process itself.
The article shows the formation of the idea of international law and the judicial process in domestic and foreign scienсe. An attempt is made to explore the points of view on the system and the structure of the international legal process in the doctrine of international law and to determine its relationship with the international procedural law. The article shows the structure of the international legal process consisting of the international rule-making, the international control, the implementation of international law into domestic law, and complex of procedural principles, institutions and norms established by the international procedural form.
The study of the international legal process needs the characterization of the individual species involves the use of common legal structures and categories, such as procedural form, procedural production stage of the process, procedural regime. Such concepts are general legal sense, but need to be clarified in the application of international organizational and procedural relations. It is determined the relationship between the international legal process and international procedural law. It focuses on the dependence of the efficiency of international law on the effectiveness of the mechanism of international legal regulation, including directly the international legal process.
Considering the mechanism of international legal regulation as an integrated set of different elements (components), which interact with each other and the environment, it turns out that the efficiency of its operation is largely dependent on the international legal process. The mechanism of international legal regulation comes into effect due to the facts that cause the emergence, change and termination of international relations based on international law. Thus there is an international legal process, the ultimate goal of which constitute international legal instruments and / or action. This ultimate goal demonstrates the effectiveness of the mechanism of international legal regulation, which is often identified with the efficiency of international law in general, and the rules governing this international legal process make international procedural law.
Key words: international legal process, the mechanism of international legal regulation, international procedural law, international litigation.