Issue: № 4, 2024
Doi: https://doi.org/10.37634/efp.2024.4.33
The paper explores the concept of self-defense as a method of restoring violated rights among participants in the educational process, which defines self-defense as a non-elective approach to protecting civil rights, emphasizing its application by education seekers - a separate category of subjects under civil law. The purpose of the paper is to investigate the interaction between educational norms and civil legal provisions to define a clear procedural path for education seekers seeking to assert their rights through self-defense mechanisms, thereby improving understanding of its limitations and scope in defending their civil liberties. The research results affirm that self-defense by education seekers should be carried out within the educational environment, strictly adhering to regulatory frameworks and internal rules regulating such environments. Therefore, based on the conducted research, we have come to the conclusion that the integrative aspect of self-defense in the field of civil law represents a comprehensive legal instrument based on constitutional and sectoral legal norms, including norms of civil, family, criminal law, and legislation on administrative offenses. The preventive and operational nature of self-defense ensures the individual ability to immediately respond to rights violations, which is important in a rapidly changing educational context, allowing to prevent further violations and ensure immediate restoration of rights. The legality and ethics of self-defense measures must be carried out within the current legislation and must not violate societal moral norms. This contributes to the legality and ethics of the actions taken and supports high standards of law and order. Adapting self-defense to the educational environment involves adapting the self-defense strategy to the specifics of the educational environment, especially considering the needs of younger education seekers and ensuring the protection of their rights in accordance with current legislative frameworks.
Keywords : self-defense, civil rights, students
References:
1. Chepys, O.I. On the Issue of Self-Defense of Civil Rights and Legitimate Interests. Scientific Bulletin of Uzhhorod National University. 2015. pp. 214-217. (in Ukrainian).
2. Law of Ukraine "On Education". URL: https://zakon.rada.gov.ua/laws/show/2145-19#Text (in Ukrainian).
3. Heidmets M. Subject, Environment, and the Boundaries Between Them. Psychology and Architecture: Proceedings of the Conference in Lokhusalu (Estonian SSR). Tallinn, 1983. pp. 61-63. (in Estonian).
4. Antoniuk O.I. Measures for the Self-defense of Civil Rights and Interests. Entrepreneurship, Economy and Law. 2003. № 6. pp. 23-27. (in Ukrainian).
5. Andriytsio V.D. Compulsory Execution of a Duty in Kind as a Method of Protection of Civil Rights: abstract dis. … PhD in legal sciences. Kyiv, 2004. 18 p. (in Ukrainian).
6. Constitution of Ukraine. Adopted by the Verkhovna Rada of Ukraine on 28 June 1996. News of the Verkhovna Rada of Ukraine. 1996. № 30. art. 141. (in Ukrainian).
7. Civil Code of Ukraine. Kyiv, 2005. 272 p. (in Ukrainian).
