NON-JURISDICTIONAL METHODS OF HUMAN RIGHTS PROTECTION IN CIVIL LAW OF UKRAINE: POSSIBILITIES OF SELF-DEFENCE

Abstract

The article explores the concept of non-jurisdictional means of protecting human rights in civil law of Ukraine through the prism of self-defense. It is noted that everyone has the right to seek protection of their rights and freedoms from violations and unlawful encroachments by any means not prohibited by law after using all national legal remedies. The main purpose of the institution of protection of human rights and freedoms is to ensure the maximum possible legal protection of each individual subject. Emphasized that protection can only be carried out in the form of action, as it is difficult to imagine how one can protect their right passively. In this regard, the form of protection is a set of internally coordinated organizational measures for the protection of subjective rights and legally protected interests. Actual actions aimed at preventing the violation of property rights should be considered as measures to protect property rights. However, in cases involving damage to property, i.e., protection of property rights within contractual legal relations, there is a right toprotection that may manifest in the application of self-defense actions in cases of extreme necessity. Therefore, self-defense can be distinguished by its material-legal and obligation-legal nature. When exercising self-defense, a person must consider the limit of their actions that they apply to stop specific violations of their rights or lawful interests. In general, a person's actions as self-defense should be aimed solely at stopping the violation of rights.

It has been clarified that an important condition for the application of nonjurisdictional means such as self-defense is the cessation of actions towards the violator once the goal is achieved, as all subsequent actions cannot be considered selfdefense. Methods of self-defense can be established by contract or law, or chosen independently by the individual. Non-jurisdictional forms of protection involve protecting rights and lawful interests using all legal mechanisms. The peculiarity of non-jurisdictional protection lies in the fact that if a violation of rights is detected by the individual outside a court session, the rights and freedoms of the person are not protected and safeguarded only through judicial proceedings. The source of the right to defense can be any procedural agreement between the parties on this matter. A nonjurisdictional form of protection is the activity of the individuals whose rights and freedoms have been violated, thus encompassing self-defense mechanisms. It has been concluded that when engaging in self-defense, a person must consider the limit of their actions that they apply to stop specific violations of their rights or legitimate interests. In general, a person's actions as self-defense should be aimed solely at stopping the violation of rights. An important condition for using such a nonjurisdictional method as self-defense is to cease actions against the violator when the goal is achieved, as all further actions cannot be considered self-defense. Methods of self-defense can be established by contract or law, or chosen by the individual. Selfdefense of material-legal nature is aimed at unhindered exercise of property rights and is a measure of protection, while in obligation-legal nature, self-defense is aimed at stopping violations of property rights and is a means of protecting subjective rights.