Kvasha Oksana. The right to self-defense in the context of counteracting a criminal encroachment to the national security of Ukraine
The criminal-protection of the national security of Ukraine is a priority area of activity of law-enforcement bodies of the state, and also in recent years has become an extremely topical issue of legal science. The state must first of all ensure the protection of its national values: the constitutional system, sovereignty, territorial integrity and immunity, etc. This task is especially relevant in the period of the socio-political crisis and the implementation of external aggression towards Ukraine.
Today, Ukraine is in the actual state of war, the occupied part of its territory. The state failed to protect its own national security, first of all, territorial integrity and integrity. Particular attention is paid by state bodies to the security, rights and freedoms of citizens living on the territory of Donetsk and Lugansk regions. No person can feel safe in a situation where his rights and interests are threatened both real and potential. According to the Law of Ukraine “On Fundamentals of National Security of Ukraine”, the national security of Ukraine is defined as the protection of vital interests of a person and a citizen, a society and a state in which sustainable development of society is ensured, timely detection, prevention and neutralization of real and potential threats to national interests in various spheres public life.
The system of criminal justice is not able to effectively counteract criminal encroachments in the sphere of national and public security, as well as to ensure the protection of vital interests of man and citizen, society and the state. Therefore, there are grounds for implementing the provisions of Article 27 of the Constitution of Ukraine: “Everyone has the right to protect his life and health, life and health of other people from unlawful encroachments.” This norm should be considered as the constitutional foundation of the natural right of a person to ensure his own security, the implementation of self-defense of the most important values, which is embodied in the sectoral legislation, in particular in the criminal-law institute “Circumstances that exclude the crime of the act”.
The realization of the right of a person to the necessary defense immanently includes protection from unlawful encroachments by his own forces as his or her other persons of life, health, rights and freedoms, and the interests of society or the state. The state of the necessary defense arises from the time of the existence of a real threat of injury. That is, the threat to human security is already a ground for the use of self-defense means. The necessary defense can relate to the situation of defense of the components of the national security of the state. The realization of the right to the necessary defense may have the ultimate goal of protecting the interests of the state: territorial integrity, defense capability, etc. By protecting national security of Ukraine by their own forces against unlawful encroachments, a person realizes the guaranteed by the Constitution of Ukraine and regulated by criminal law, his natural right to safety.
Ensuring human rights and freedoms is to a certain extent derived from the state of security of national security. National security is the foundation upon which an effective state mechanism, primarily through criminal justice, the protection of human rights and freedoms, and its security, must be built. Ensuring national security is a guarantee of creating a safe environment for every citizen of Ukraine. Effective protection of the constitutional system, state sovereignty and territorial integrity of the state is a condition for ensuring the safety of every person, guaranteeing the realization of his rights and freedoms. Everyone has the right to the necessary defense. Every citizen of Ukraine, irrespective of the presence of specially designated state bodies, has the right to defend national security on his own.
Key words: the right to self-defense, necessary defense, national security, crimes against the state, national interests, human security.