Legality of Actions Performed by the Person of the Safe Type in Extreme Cases

Intensification of the legal factor makes a person depend upon the extent and quality of the legal control and the ways legal agencies work.

Low level of the legal control that expresses itself in inconsistency of the legal system, inactivity, lack of professionalism and corruption of the officials make the law and the state in whole impeachable. That provokes some people to resort to the shadow “justice”, lawlessness and violence. These notions inevitably lead to physical destruction of people, causing them physical and material harm, illegal imprisonment and other dangerous consequences.

When people can’t defend their own rights, life and property using legal methods they are provoked to resort to self-defence.

Thus we have reason to raise a problem about providing the private safeguard in whole and the juridical security particularly.

The juridical security of the person of the safe type implies his state of safety as a result of being part of legal relationships. The objects of the protection are life, health (physical and moral), legal rights and interest that follow from these relationships.

The sources of legal danger:

–          gaps, inconsistency and inefficiency of the legal norms that regulate the specific sphere of relationships;

–          low level of legal education and legal culture of people;

–          juridical agencies and officials don’t apply legal norms. This undermines the authority of the state and the law, stimulates the development of the “shadow law” and authority of criminals. In whole it stimulates the criminalization of the relationships and as a result it undermines the security of a person.

–          an extensive lawlessness of the opposite side (sides) of the conflict; lawlessness of the law enforcement agencies and officials who are supposed to solve juridical conflicts; lawlessness and other defects in execution of penalties and other legal judgments; insecurity of juridical agencies and officials who sort out juridical conflicts and execute legal judgments.

The content of rights and interests that need to be protected may be different and depends upon the juridical fact and type of the corresponding relationship.

That’s why the legality of actions performed by the person of the safe type (theoretically) is not just an opportunity to apply certain skills of the Russian hand-to-hand combat but also knowing the main rights and freedoms regulated by legal norms. The given range is rather wide and presupposes that the person of the safe type has special knowledge of law of the Constitution, criminal law, administrative law, civil law, family law, law of master and servant, civil procedure, administrative procedure and criminal procedure.

The given task requires a lot of time and efforts of a highly qualified specialist in a given field. It is difficult to perform together with trainings.

In a restricted (juridical) sense it means knowing particular articles of the Russian Constitution and the criminal and administrative codes.

The duty of the state is to provide security of a person in the society, protect him not only from illegal actions of the authority and officials but also from criminal attacks, from criminals, secure his right to life, to personal immunity, to inviolability of the home and property. In relation to these problems a legislator owes very much to Russian people. Many acts of law within this range are still haven’t been passed and others introduced bills and laws don’t cover the real matter of things.

The reality proves that these unsolved problems cause a lot of opportunities for violation of a person’s constitutional rights, lead to their insecurity and first of all make a real threat to their private safety. According to the article 1 of the law “About Safety” the private safety is defined as a state when vital interests of a person, society and the state are safe from inner and outer threats.

The vital interests include human needs satisfaction of which provides a person’s existence.

The objects of the safety are a person – his life, health, rights and freedoms, property; society – its material and moral values; the state – its constitutional system, territorial integrity and sovereignty; state and social institutes which work is supposed to provide sufficient conditions for a person’s life activity and functioning of society and the state.

The Russian legislation allows a person to defend his or hers legal rights. This is quite reasonable. Otherwise the legal right which is given to a man but not secured from violation is just “a declaratory right”.

This point was commented by Anatoliy Koni in his famous to all jurists work “About the Right to Necessary Defence”: “Public authority if noticed that a private citizen is endangered should find way to prevent the crime and protect the violated right. But life is so diverse and the field of work of the public authority is so extensive that it may happen and it often happens so that the authority can’t be in time to help the private citizen. Meanwhile this person is being attacked. And not only his property, freedom, honor, health but even his life are endangered. Obviously we can’t forbid the person to defend himself by all means and using all forces. Consequently the citizen should have a right to resort to his own ways in certain situations”.

In one of his first works on self-defence (1915) Ivan Lebedev emphasized: “When you apply some hold you should always remember that a human’s health is the most precious thing. You should resort to very painful holds only in cases you have to cope with very dangerous criminal and he jeopardizes your life.”

Aleksey Alekseyevich Kadochnikov teaches his disciples in accordance with above mentioned norms. The main aim of the Kadochnikov Systema is to create a person who is capable to survive in difficult situation. It teaches not to kill or attack but to defend oneself and keep safe. The Kadochnikov Systema has been created for special mission units. Although the author made his theoretical course in a way it to be easy for studying by ordinary people.

In his Systema Aleksey Alekseyevich Kadochnikov hasn’t forgotten about the moral aspect of the fight. His disciples know that knowledge is power and power is responsibility. He calls the Kadochnokov Systema “an invisible weapon” and charges his followers with responsibility for its improper use. In his course the author teaches moral lessons and the code of ethics which are supposed to help a fighter to save face and always be a human being.

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