Every firearm owner, including owners of award weapons, hopes they will never have to use a firearm against another person. However, a critical situation requires not only shooting skills but also a thorough understanding of the law. The first 30 minutes after a firearm is used can determine whether a court recognizes your actions as lawful self-defense or qualifies them as a criminal offense, such as intentional homicide or grievous bodily harm.

Experts from Andromeda Group have prepared a step-by-step guide to the legal framework and limits of self-defense in Ukraine.

Part 1. Immediate Actions After Firing a Shot

Law enforcement authorities assess every action and every second after an incident based on the available evidence. Follow this protocol:

1. Put the firearm in a safe condition. Holster it or place it nearby if you do not have a holster. When the police patrol arrives, the firearm should not be in your hands, so that you are not perceived as an active attacker.
2. Immediately call an ambulance (103). Even if the attacker has been injured, you should call medical professionals and provide first aid if doing so is safe. The emergency call record can be important evidence that you acted under necessity and did not intend to kill.
3. Call the police (102). Clearly and briefly report that you or your family were subjected to a sudden attack, provide your location, state that you were forced to use a firearm for self-defense, report any injuries, and request an investigative team.
4. Contact a lawyer. Use your emergency legal-support arrangements. Do not undertake procedural actions or provide detailed explanations before your lawyer arrives.
5. Document the scene. While waiting for emergency services, note the surroundings and record the contact details of witnesses. Identify any surveillance cameras that may have captured the attack. Do not touch objects on the ground or pick up items belonging to the attacker.

Part 2. Conduct During the Initial Interrogation

One of the most common mistakes is attempting, under the influence of stress and adrenaline, to explain everything to police officers at the scene.

Remember that statements made while emotionally distressed may be included in the case file and potentially used against you.

Article 63 of the Constitution of Ukraine

You have the legal right not to provide testimony concerning yourself or your close relatives until your lawyer arrives.

A general statement to use in such circumstances is:

“I was subjected to a sudden unlawful attack. I genuinely feared for my life, so I used the firearm in self-defense. I am currently under severe psychological stress. I will provide detailed testimony, explanations and descriptions of the events exclusively in the presence of my lawyer and after consulting with them.”

Do not sign documents without legal advice. Do not sign an inspection report, scene diagram or initial statement without consulting your lawyer. Investigators may inaccurately record the distance of the shot, its direction, or the relative positions of the people involved, potentially undermining your self-defense claim.

Part 3. Legal Limits of Self-Defense in Ukraine

Under Article 36 of the Criminal Code of Ukraine, everyone has the right to defend themselves against an unlawful attack. At the same time, the law establishes limits concerning the relationship between the threat and the harm inflicted on the attacker.

When Does the Law Allow the Use of a Firearm Without Such Limitations?

The Criminal Code identifies three situations in which defensive action is permitted regardless of the severity of the consequences for the attacker. In these cases, the concept of exceeding the limits of necessary defense does not apply:

1. An attack by an armed person, including an attacker holding a knife, knuckle-duster, traumatic weapon, axe, metal bar, or an object visually resembling a weapon.
2. An attack by a group of people, meaning two or more attackers, even if they are unarmed.
3. An unlawful violent intrusion into a home or other premises, including a house, apartment, country house, workplace or even your own vehicle.

When Does the Risk of Criminal Liability Arise?

If there is only one attacker, the person is clearly unarmed, and the confrontation consists of punches or pushing, firing a shot intended to incapacitate the attacker may potentially be classified as exceeding the limits of necessary defense under Articles 118 or 124 of the Criminal Code of Ukraine.

The defense must establish that you could not objectively assess the degree of danger, for example, if the attack occurred in complete darkness or was accompanied by threats to kill you.

Part 4. The Special Status of Award Weapons

Owners of officially awarded firearms have a specific legal status concerning the lawful origin of the weapon, which may exclude liability under Article 263 of the Criminal Code concerning unlawful handling of weapons.

However, incidents involving award weapons are likely to attract heightened media attention and scrutiny from the Ministry of Internal Affairs. Law enforcement authorities may closely examine whether the owner abused their status or exceeded the limits of lawful authority.

The fact that a firearm is an officially awarded weapon makes it particularly important for the owner to act with restraint and obtain professional legal assistance from the earliest stage of an incident.

Safety is a balance between preparedness, reliable protection and knowledge of the law.