Name
Nazurov Artyom Grigorievich
Scholastic degree
—
Academic rank
—
Honorary rank
—
Organization, job position
Kuban State Agrarian University
Web site url
—
Articles count: 1
Relevance of the chosen topic is caused by
existence of disputable issues in the practice of
application of norms regulating institute of
necessary defense in the Russian criminal
legislation. In the present article the analysis of the
current state of this institute of criminal law and a
brief overview of the judicial practice of its
application is made. Process of formation and
development of institute of necessary defense in
ancient foreign and Russian sources of law and
sacred books is considered. The questions of limits
of legitimacy of necessary defense and
consequences of their excess are raised. The
authors of the article have paid special attention to
the analysis of conditions of legitimacy of
necessary defense. Such conditions are traditionally
divided into three groups: the conditions relating to
protection; the conditions relating to encroachment;
the conditions relating to the harm. The different
points of view concerning improvement of system
of conditions of legitimacy of necessary defense are
considered. The authors give examples from
modern court practice which allowed revealing
obvious gaps of the criminal law in this sphere.
They also formulated the proposals for improving
the legislation. The authors consider important
extension of the list of factors, which, together with
the unexpectedness of encroachment, can be the
basis for recognition of actions of the defending
person legitimate