THE RIGHT TO SELF-DEFENSE AS A CONSTITUTIONAL HUMAN RIGHT: PROBLEMS OF THEORY AND PRACTICE

Abstract

In this article the author considers the constitutional right to self-defense. This right is directly derived from the meaning of P. 2 of Art. 45 of the Constitution of the Russian Federation, although there is no legislative definition of the right to self-defense in the Russian Federation, which raises a number of problematic issues, both from a theoretical point of view and from a practical one. The vagueness in the definition of the «right to self-defense», the problems in modern law enforcement practice all this determines the relevance of the research conducted by the author. The result of the work was a synthesis of theoretical developments on the definition of the concept of constitutional right to self-defense and the proposal of the author's definition of the law in question. The main problems in law enforcement practice relating to the right to self-defense were also highlighted, including the problems of determining the limits of self-defense and delimiting it from other related institutions. The conclusion is made about the need to supplement Russian legislation with provisions extending the human right to self-defense. However, the analysis of specific proposals for the addition of Russian legislation still needs a separate reserach.