SOME DISCUSSION ISSUES OF THE NECESSARY DEFENCE INSTITUTION

The article deals with current problems within the framework of the necessary defence institute the related concept of exceeding limits of this defence. The author gives an overview of the various points of view existing in the scientific legal literature on this circumstance, excluding the crime of the act, describes aspects that have not yet been adequately addressed in the writings of scientists. The author highlights the following poorly resolved and therefore actively discussed issues in the theory of criminal law: the use in a situation of necessary defence of various technical special means and devices, which may directly affect the presence /absence of exceeding the limits of this defence, as well as the absence at the legislative level of an explicit indication that the necessary defence may be directed to the protection of property. The author proposes to expand the list of special protective devices used in the situation of necessary defense that are presented in normative legal acts and to include in this group certain types of substances (coloring, smoke), as well as to use more general concept of protective devices as the names for these means. On the basis of existing criminal law norms in the sphere of Russian legislation, as well as taking into account foreign experience, in particular Germany, justifies the use of various protective devices in the situation of necessary defence. It is proposed to regulate the rules for using these devices on the basis of the sparing nature principle. A proposal is also put forward to clarify formulations of the necessary defence state existing in Article 37 of the Criminal Code of the Russian Federation.

circumstance, excluding the crime of the act, necessary defence, exceeding the limits of necessary defence, devices for protection, protection of property, sparing nature of devices for protection, anticipated defence, aggressor, defender, improving the institution of necessary defence.

Shamne A. N. Some discussion issues of the necessary defence institution. Business. Education. Law, 2020, no. 2, pp. 288–291. DOI: 10.25683/VOLBI.2020.51.259.