Boichuk D. The human right to defense: general theoretical characteristic.

The main conceptual approaches to the definition of the "human right to defense" as a fundamental human right are analyzed in the dissertation, its role and place in the system of human rights and fundamental freedoms is substantiated, its content, its implementation grounds are identified, types of such right are singled out. The human right to defense has been studied in the context of the decline of effective human defense institutions and the need for scientific development and practical application of new ways of protecting human rights. The logic of assigning such a right to the first generation of human rights based on the history of its formation and development is defined. The normative bases of the regulation of the human right to defense as acts of international law as well as acts of the current legislation of Ukraine are analyzed. Attention is paid to the human right to arms as a component of the human right to defense. The necessity of improving the current national legislation which regulates the relationship of legal handling with civil weapons in Ukraine is grounded. Based on the results of the analysis of domestic legislation governing the handling of civil weapons, the expediency of developing and adopting a single legal regulatory act - the Law of Ukraine “On Weapons” is substantiated. The adoption of such a law is considered not from the standpoint of expanding the current scope of the human right to keep and bear arms, but in the context of systematizing the whole content of acts of legislation governing the handling of civil weapons and the compliance of the legitimization of such a right with Article 92 of the Constitution of Ukraine. The adoption of this law will also have a positive impact on the quality of court decisions on cases of necessary defense and illegal handling of weapons. The dissertation proposes to consider the issue of constitutional consolidation of the human right to arms in Ukraine. Analysis of court decisions in proceedings on crimes under Art. 263 of the Criminal Code of Ukraine, allowed to establish the existence of a conflict between paragraph 1 of part 1 of art. 92 of the Constitution of Ukraine and the subordinate legal act and to suggest ways of its resolving.