ON THE ISSUE OF THE LEGAL NATURE OF PREVENTIVE SELF-DEFENSE OF CIVIL RIGHTS

Author(s): Golyshev V.G.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2025-3-27-31

Release: 2025-3 (47)

Pages: 27-31

Keywords: self-defense, self-protection, preventive self-defense, legal nature, civil rights, means of civil protection, method of protecting civil rights, unlawful encroachment, system of legal means

Annotation: This article is devoted to an issue that has not received an unambiguous resolution both in the scientific literature and in the current civil legislation. The institution of self-defense of civil rights occupies a special place in the system of civil law methods of protection due to the relative simplicity and universality of its legal structure. In its most general form, self–defense of law is a method of countering an already existing unlawful encroachment, which in its content must correspond to the nature of such an encroachment, namely, be proportionate. Meanwhile, the legal structure of self-defense of law, from the point of view of current legislation, necessarily presupposes the presence of unlawful encroachment. This state of affairs inevitably leads to the need to resolve the issue of the legal nature of the so-called “preventive self-defense”, defined in the legal literature as a kind of self-defense of law. The general result of the authors’ arguments is the conclusion about the relatively independent legal nature of the institution of preventive self-defense and the need to separate this institution in the system of means of civil protection of rights and legitimate interests. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Golyshev V.G. ON THE ISSUE OF THE LEGAL NATURE OF PREVENTIVE SELF-DEFENSE OF CIVIL RIGHTS // Journal of Legal Sciences. – 2025. – № 3 (47). – С. 27-31. doi: 10.21777/2587-9472-2025-3-27-31