Email this article Institute of Necessary Defense: Application Problems and Ways to Solve Them
- Authors: Tkhazeplov T.M.1
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Affiliations:
- Krasnodar University of the Ministry of Internal Affairs of Russia
- Issue: Vol 16, No 4 (2023)
- Pages: 278-282
- Section: Criminal - legal, criminological, administrative and other measures for countering crime in contemporary conditions
- URL: https://journals.rcsi.science/2072-3164/article/view/250398
- EDN: https://elibrary.ru/SXYXTG
- ID: 250398
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Abstract
At present, the institution of necessary defense is an effective means of preventing crime. This institution plays an important role in the system of protecting a person from illegal actions and is guaranteed by the state as acceptable and not entailing responsibility for the defender.
The institution of necessary defense plays an important role in solving the problems of criminal law, guaranteeing the rights of persons who have been attacked and who have managed to protect their rights and other persons, the interests of society and the state. At the same time, the complexity of the institution under consideration leads to errors in the application of its norms in practice, as well as to discussions in the scientific community.
In order to correctly understand the essence of necessary defense, the author analyzes the legal nature of the phenomenon under study, highlights the conditions and criteria for the legality of actions of a person in a state of necessary defense. The article outlines the problematic aspects of the application of the institution under consideration, related to the determination of the time during which actions are recognized as committed in a state of necessary defense, as well as the qualification of actions of persons when the limits of necessary defense are exceeded.
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##article.viewOnOriginalSite##About the authors
Timur M. Tkhazeplov
Krasnodar University of the Ministry of Internal Affairs of Russia
Author for correspondence.
Email: azamatkharaev@gmail.com
Police Colonel, Associate Professor of the Department of Fire Training, North Caucasian institute of professional development (branch)
Russian Federation, Nalchik, KBRReferences
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