Definition and legislative support of the constitutional human right to self-defense

Keywords: natural human right, the right to self-defense, protection of life and health, self-defense, necessary defense, extreme necessity

Abstract

Protection of human life and health is the main task of the state, which is enshrined in the Constitution of Ukraine. The state does
not have sufficient resources to respond in a timely manner to every encroachment on human life, so the latter is guaranteed the right
to self-defense against unlawful encroachments, which is enshrined in a number of national and international regulations. But neither
the Constitution nor other regulations contain rules governing the exercise of human rights to self-defense, rules and limits of certain
actions to protect their lives, health and other aspects of life from unlawful encroachments, and, in particular, definition of the concept
of the specified right. The purpose of this study will be to improve the definition of the concept of human right to self-defense and to
establish the level of legislation of this institution.
A person’s right to self-defense is quite clearly regulated in the norms of domestic legislation. The concept of “self-defense”
should be defined as lawful human actions aimed at protecting one’s fundamental rights, freedoms and legitimate interests from unlawful
encroachments, which does not contradict moral and legal norms. The human right to self-defense is one of the natural inalienable
human rights and can be defined as follows: the human right to self-defense is an inalienable natural human right to which a person is
endowed throughout life, guaranteed by the Constitution and international regulations, to take legal action, aimed at protecting one’s
fundamental rights, freedoms and legitimate interests from unlawful encroachments, which does not contradict moral and legal norms.
The definition of the concepts of self-defense and the human right to self-defense, the establishment of legislation governing this
right, do not exhaust the problems associated with the practical implementation of human rights to self-defense. Therefore, this study
opens the prospect of further research in this area in order to develop the most effective and clear legal mechanism to guarantee a person
the right to protect their constitutional rights through self-defense.

References

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Published
2020-11-10
How to Cite
Abliazov, D. (2020). Definition and legislative support of the constitutional human right to self-defense. Law Review of Kyiv University of Law, 1(3), 79-83. Retrieved from https://chasprava.com.ua/index.php/journal/article/view/476
Section
Constitutional law. Municipal law