Legal features of self-defense as a subjective right of a person. Temporal aspect
Legal features of self-defense as a subjective right of a person. Temporal aspect

Summary/Abstract: This article states that the commented special type of protection of rights is assumed not only when the victim has the opportunity to legitimately influence the offender through the use of specific remedies, but also as an alternative to judicial protection if it is more effective, rational and appropriate. For example, such acts of fact are most effective if they physically make it impossible to continue the violation. Therefore, the essence of self-defense is that, despite the possibility to apply to an authorized state body, protection is due to their own actions. It is determined that the definition of “self-defense” in civilization has a richer meaning than the term “necessary defense”. This type of law enforcement activity of the holder of the relevant law as self-defense should be based on the general legal principles of reasonableness, good faith in exercising their rights, the principles of non-abuse of rights and compliance with their implementation, including in time. Self-defense is considered legal and allowed in the presence or obvious danger of violation of civil law, the existence of the actual ability to stop (prevent) violations on their own, the adequacy of measures the degree of danger that threatens the bearer of protected subjective rights. That is, when the wrongful encroachment or real threat began. And the relevant measure must stop when the encroachment is over. Otherwise, the illegal use of self-defense methods can be challenged in court. In this case, the statute of limitations must be calculated from the application of the measure.

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