Terms and conditions of defense necessary defense

Svirin Danil Andreevich

The article examines the institution of necessary defense, namely, the conditions of its legitimacy related to protection. The right to protect their loved ones, themselves and others from criminal attacks is recognized by all civilized peoples and states. The right of citizens to protect their rights and freedoms is one of the fundamental ones enshrined in the Basic Law of the Russian Federation. Such a right was specifically developed in the form of the institution of necessary defense in criminal law. The relevance of this topic is manifested in the fact that the state cannot fully ensure every minute protection of every person from criminal attacks. Therefore, the legislator has provided citizens with the opportunity to protect themselves, to protect others, as well as interests protected by law. However, the questions of the institute of necessary defense and the practice of its application remain quite controversial and debatable. The subject of the research are: legal acts, judicial practice, doctrinal and other sources in the field of the institute of necessary defense. The aim of this work is to study the conditions of lawfulness of the necessary defense related to protection. When writing the work, dialectical, formal-legal, comparative methods were used.

Keywords:criminal law, necessary defense, defense, judicial practice, institution, exceeding limits, responsibility.