From the Right of the Strong to the Right of the Weak
The Transformation of Self-Defense Principles in the Context of a Crisis in the Law Enforcement System
Bibliographic Data
| ID | 22149658 |
|---|---|
| Authors | Oleg Yakovlevich Madatov (0000-0003-1956-1791, corresponding author) |
| Year | 2025 |
| Issue | 8 |
| Pages | 29-57 |
| Publication date | 2025-08-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Право и политика (JOURNAL) |
| Journal identifiers | ISSN: 2454-0706 • E-ISSN: 2454-0706 |
| Publisher | Aurora Group, s.r.o (PUBLISHER) |
| DOI | 10.7256/2454-0706.2025.8.75670 |
| OpenAlex | W4414037119 |
| Language | EN |
| References cited | 7 |
The subject of the research is the regulatory legal framework governing the institution of necessary defense in the Russian Federation, the judicial and law enforcement practice regarding cases of exceeding its limits, as well as the concept of "the right of the weak" and the mechanisms for its formation in contemporary Russian society. The object of this research is the social relations associated with the realization and protection of citizens' rights in the sphere of self-defense and the functioning of the public law enforcement system in the context of the historical evolution of legal principles. The author elaborately examines how the systemic staffing deficit in the Ministry of Internal Affairs of Russia, its historical roots, and contemporary factors (low wages, high workload, bureaucracy, and the outflow of experienced personnel) affect the responsiveness of the police and the actual vulnerability of citizens. Special attention is given to the analysis of the paradoxes of Article 37 of the Criminal Code of the Russian Federation, where effective self-defense leads to criminal prosecution, as confirmed by judicial statistics on paragraph 1 of Article 108 of the Criminal Code. Specific examples demonstrate the dysfunctionality of the existing system. The methodological foundation of the research consists of general scientific and specialized scientific methods of cognition, including historical, comparative legal, systemic, dialectical methods, as well as methods of analysis and synthesis, and statistical analysis. The novelty of the research lies in a comprehensive analysis of the interconnection between the historical evolution of legal principles (from "the right of the strong" to "the right of the weak"), the problems of the institution of necessary defense in contemporary Russia, and the critical staffing deficit in the law enforcement system, a relationship that has not previously received sufficient systematic consideration. A significant contribution of the author is the justification of the need to revise legislation on necessary defense on a constitutional basis, including the introduction of a presumption of threat in cases of attack, differentiation of the self-defense regime by location (analogous to the "Castle Doctrine"), and shifting the burden of proof to the prosecution. The main conclusions of the conducted research are the assertion of the deep paradox of "the right of the weak," where effective self-defense leads to legal prosecution of the victim, as well as the establishment of a direct correlation between this paradox and the state's inability to provide prompt protection for citizens. Measures are also proposed to enhance operational protection (response standards, public oversight, technologies) and increase legal literacy, which will help restore the balance of justice and real protection for citizens
Enforcement · Law and economics · Political science · Self defense · Sociology · Chemistry · Cybersecurity and Cyber Warfare Studies · International Law and Human Rights · Law · Military and Defense Studies
| Highly cited | No |
|---|