The article presents the author’s approach of the argument on the right of resistance, which used by Hans Kelsen to criticize the theory of natural law. The study of the history of ideas and the nature of the right of resistance to oppression makes it possible to consider this right as an attribute of fair law and order, which natural law makes demands on. Natural law has been used since ancient times to evaluate positive law. The appeal to justice is a very characteristic technique for the natural law doctrine, which is especially in demand in complex critical periods of human history, when there is a need to legitimize the establishment of a new legal order.