Year: 2025
Type: article
Abstract: The article examines the peculiarities of self-defence as a form of protection of civil rights, in particular, under martial law. The author establishes that the Civil Code of Ukraine provides for various possibilities of protection of civil rights, among which scholars distinguish jurisdictional and non-jurisdictional forms of protection. It is found that jurisdictional forms of protection are specified in current legislation and are carried out by various bodies specially authorized by the State for this type of activity with a specific procedure inherent in each of them. Jurisdictional forms include judicial, administrative and notarial forms. The article shows that non-jurisdictional forms of civil rights protection do not have a clear legislative definition and allow for any actions which will contribute to the protection of the violated right or prevent such a violation. Self-defence of civil rights belongs to non-jurisdictional forms of protection and should be carried out with the use of countermeasures which are not prohibited by law and do not contradict the moral foundations of society. The author proves that the protection of civil rights in arbitration or international commercial arbitration can be classified as non-jurisdictional (alternative) ways of protecting civil rights only if the parties to arbitration (arbitration) proceedings voluntarily comply with the decisions of these non-state bodies. If a party to the conflict refuses to enforce an arbitral award or international commercial arbitration decision made in favour of the other party, jurisdictional remedies may be applied by the interested party applying to the court for recognition and enforcement of the international commercial arbitration award if its seat is outside Ukraine (Article 474 of the Civil Procedure Code of Ukraine) or to issue a writ of execution to enforce an arbitral award (Article 483 of the Civil Procedure Code of Ukraine). If such applications are subject to state coercion in the form of enforcement of arbitral awards or international commercial arbitration by the State Enforcement Service (Article 3 of the Law of Ukraine ‘On Enforcement Proceedings’), this form of protection cannot be considered self-defence, as in this case the activities of the judicial authorities and the State Enforcement Service, i.e. jurisdictional bodies, are carried out. The author suggests that in the time of war which our country is currently experiencing, the importance of self-defence as a legal opportunity to protect one’s civil rights without involving the assistance of state institutions is growing significantly. It is stated that self-defence is the least legally regulated form of civil rights protection and requires more detailed legal regulation.
Author: B. P. Ratushna
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410545226