Historical and legal analysis of the institute of necessary defense

Within the framework of the article, it is substantiated that the necessary defense is the basis of human dignity, inextricably linked to natural rights, and in the context of a full-scale war in Ukraine, the analysis of the prerequisites for its occurrence acquires special importance in order to guarantee the effectiveness of the norms of international law. It is emphasized that Greece, India and Egypt were among the first states whose scientists analyzed necessary defense, but necessary defense acquired the greatest development as a natural human right under the influence of the lawyers of Ancient Rome. It was revealed that one of the first among the ancient scientists who carried out important work on the application of the necessary defense on the basis of equality, but within the limits of the same social status, was carried out by Marcus Tullius Cicero. Legal confirmations and interpretations of the institution of necessary defense in Slavic history that are important for Ukraine and modern events are analyzed, including in the treaties of princes Oleg and Igor with the Greeks, as well as «Ruska Pravda».Significant transformations of the legal foundations of the institution of necessary defense in the legislation of European states under the influence of German philosophers of the 17th and early 18th centuries have been analyzed. A comparative analysis of the main principles of the positivist and natural theory of law was carried out. After the declaration of independence by Ukraine, a key stage took place, when the natural right to self-defense was enshrined in the state. This process contributed to the transition to a democratic form of government, requiring a revision of social values, reform of the legal system, and respect for civil rights. It has been proven that in the modern conditions of a full-scale war in Ukraine, the institution of necessary defense should be based on the principles of the rule of law, equality and legal certainty as much as possible. In the conditions of digitalization, the institute of necessary defense also needs analysis in the context of the effects of digital technologies on it, recognition of acceptable forms of protection.