APPROACHES TO UNDERSTANDING SELF-DEFENSE AS A WAY TO PROTECT CIVIL RIGHTS

Abstract

The article discusses means of civil rights protection, general characteristics and features of their implementation. The right to protection in regulative legal relations is defined as the competence of any subjective civil right, according to which the right holder has the “opportunity” to demand protection of the violated civil right in case of the right violation. The nature and amount of the claim cannot be determined until the right has been violated. The normative regulation of self-defense of civil rights and compensation for damage in case of exercising the right to self-defense as well as the conditions of such compensation are considered. The article discusses four main approaches to determining the self-defense of civil rights and related issues. Scientific approaches to understanding the very concept of self-defense and legal limits and cases of inadmissibility of self-defense are presented. Attention is paid to the limits and principles of self-defense and the subordination of this method of protection to general norms and principles of subjective civil rights exercise. The conditions in criminal and civil law under which the actions of a defender can be recognized as lawful in a state of necessary defense, in terms of attack and defense, were compared. The conditions for recognizing the actions of a person defending themselves as lawful in a state of necessary defense are discussed, and attention is paid to the correlation between the reality of the attack, infringement upon someone’s rights or interests, and defense as a counteraction to the above offense. Methods of self-defense of civil rights are identified – necessary defense and dire necessity; features and admissibility of the protection methods are determined. The article presents factual measures, that may be provided by law, that follow the measures usually employed in society and are designed to protect the rights of citizens or organizations. The practical examples used in society, practical cases of admissibility, and excess of the permissible limits of exercising the mentioned methods of civil rights protection are as well presented. The article raised the issue of necessary defense and actions under dire necessity as possible not only as a means of self-defense of the rights and interests of the authorized person and other persons, but also as a way to protect the interests of the state and society.