Use of weapons by civilians: how to act legally?

Whether a civilian lawfully used a weapon is determined by the rules of necessary defence — Article 36 of the Criminal Code of Ukraine (hereinafter — the CC): whether there was an attack, what the person was defending and what harm they caused. Separate wartime rules apply to repelling armed aggression.

In brief

• The right to defence does not depend on whether it was possible to flee or call the police.
• While an attack by an armed person or a group of persons, or an unlawful violent intrusion into a dwelling or other premises, continues, using a weapon for defence does not constitute exceeding the limits of defence regardless of the severity of the harm (Article 36(5) of the CC).
• Exceeding the limits of defence, or of the measures necessary to detain the attacker, entails liability only under Articles 118 and 124 of the CC.
• Liability for carrying and storing a weapon without a permit is provided by Article 263 of the CC and Article 190 of the Code of Ukraine on Administrative Offences (CoAO).
• Under martial law, civilians may use a weapon they have received or declared to repel aggression.

The right to defence and its limits

Everyone has the right to defence regardless of the possibility of avoiding the encroachment or turning to other persons or authorities (Article 36(2) of the CC). Exceeding the limits means deliberately inflicting grievous harm on the attacker that clearly does not correspond to the danger of the encroachment or the circumstances of defence (Part 3); how this is assessed — in the article “Self-defence or exceeding the limits of necessary defence”.

The condition “the danger could not be eliminated by other means” comes from the rule on extreme necessity (Article 39 of the CC), not from the rule on defence.

Three situations where the severity of harm does not matter

The use of a weapon or any other means or objects does not constitute exceeding the limits of necessary defence and does not entail criminal liability, regardless of the severity of harm to the attacker, if they were used (Article 36(5) of the CC):

• to defend against an attack by an armed person;
• to defend against an attack by a group of persons;
• to prevent an unlawful violent intrusion into a dwelling or other premises.

This is a rule on the limits of necessary defence, whose purpose is to immediately avert or stop the encroachment (Part 1), so it applies while the attack or intrusion continues. In other cases, the general rule of Part 3 applies.

If the threat was imaginary

It happens that there was no attack, but a person mistakenly assumed one — for example, took an object in someone else’s hand for a weapon. Such “imaginary defence” excludes liability only if the circumstances gave sufficient grounds to consider the encroachment real, and the person did not realise and could not have realised the mistake (Article 37 of the CC). If the mistake could not have been realised, but the person exceeded the limits of defence permissible in a real attack, they are liable as for exceeding the limits of necessary defence. If the mistake could have been realised, liability arises for causing harm through negligence.

After the attack: detaining the attacker

When, immediately after the encroachment, the victim or other people detain the attacker in order to hand them over to the authorities, the rules of Article 38 of the CC apply: such actions are not criminally unlawful if the measures necessary for detention have not been exceeded. Exceeding them means deliberately inflicting grievous harm that clearly does not correspond to the danger of the encroachment or the circumstances of detention; liability for it is also only under Articles 118 and 124 of the CC.

Liability for exceeding the limits

• Article 118 of the CC — intentional homicide when exceeding the limits of necessary defence or the measures necessary for detention: corrective labour for up to two years, restriction of liberty for up to three years or imprisonment for up to two years.
• Article 124 of the CC — intentional infliction of grievous bodily harm in the same cases: community service of 150 to 240 hours or corrective labour, probation supervision, restriction of liberty or imprisonment for up to two years.

Weapons without a permit

Article 36 of the CC concerns harm caused to the person who is encroaching. Actions with the weapon itself are described in other articles:

• carrying, storage, acquisition, transfer or sale of firearms (except smoothbore hunting weapons) or ammunition without the permit provided for by law — imprisonment from three to seven years (Article 263(1) of the CC);
• carrying, manufacture, repair or sale of daggers, Finnish knives, brass knuckles or other cold weapons without a permit — Article 263(2) of the CC;
• acquisition, storage, transfer to other persons or sale by citizens of hunting firearms or cold weapons without a permit document — an administrative fine (Article 190 of the CoAO);
• careless storage of firearms or ammunition, if it caused the death of people or other grave consequences — Article 264 of the CC.

A person who has voluntarily surrendered a weapon or ammunition to the authorities is not subject to criminal liability under Parts 1 and 2 of Article 263 of the CC (Part 3).

Martial law: weapons to repel aggression

The Law of Ukraine “On Ensuring the Participation of Civilians in the Defence of Ukraine” allows civilians (citizens, foreigners and stateless persons lawfully staying in Ukraine) to take part in repelling aggression and to receive a firearm for that purpose under the procedure of the Ministry of Internal Affairs. Citizens of Ukraine may also use their own award, sports or hunting weapons to repel it (Article 4).

• You found a weapon. A found firearm, its main parts or ammunition must be reported to the police immediately (102 or 112) and, within 24 hours, handed over to the police for surrender or declaration, or you must indicate where they are (Article 1-1).
• Declaration. The following are not declared, in particular: rifled weapons of 12.7 mm calibre and above, smoothbore weapons above 23 mm, machine guns, weapons with removed or unlawfully altered markings, instruments or means of a committed criminal offence, ammunition separately from weapons. A declared weapon remains with the person for the duration of martial law (Article 1-2).
• Use — in the same way as servicemen, under the procedure approved by the Cabinet of Ministers. It is prohibited to transfer such a weapon to anyone other than the police (Article 2).
• After martial law a received or declared weapon must be handed over to the police no later than 90 days after it is terminated or lifted. Whoever found and declared a weapon may at the same time declare in writing an intention to acquire it as property. The right arises three months after the day of handing it over for verification, taking into account the permit system, if the verification does not reveal grounds that make this impossible: in particular, the person does not meet the legal requirements for weapon owners or the weapon belongs to another person or to the state. Otherwise the weapon passes into state ownership (Article 3).

Civilians are not liable for using a firearm against persons carrying out armed aggression against Ukraine, if the weapon was used on the grounds and in the manner provided for by Articles 1, 1-1, 2 and 4 of the law (Article 5). Article 43-1 of the CC likewise releases from criminal liability for using a weapon against an aggressor and for related damage to or destruction of property (Part 3). Repelling aggression under martial law or armed conflict is not a criminal offence in the absence of signs of torture, prohibited means of warfare or other violations of the laws and customs of war (Part 1). An act that clearly did not correspond to the danger of the aggression or the circumstances, was not necessary for a significant socially useful purpose and created a threat to the lives of other people, an ecological disaster or other large-scale emergencies is not considered performance of the duty to defend the Fatherland (Part 4).

Defence against a criminal in an everyday situation is assessed under Article 36 of the CC.

After using a weapon

• Call the police and, if there are injured people, an ambulance.
• Do not move the weapon and objects at the scene, write down the contacts of witnesses.
• A person is not liable for refusing to give testimony or explanations concerning themselves, family members or close relatives (Article 63 of the Constitution of Ukraine). For rights after detention, see the article “What to do after detention”.

More about defence in criminal proceedings — on the service page.

The provisions are cited as currently in force as of 13 October 2026.