Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020)

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Areas of Reformation of the Institution of Necessary Defense in the Russian Criminal Law in the Era of Globalization

Authors
N.S. Grudinin
Corresponding Author
N.S. Grudinin
Available Online 24 March 2020.
DOI
10.2991/assehr.k.200321.080How to use a DOI?
Keywords
criminal offense, necessary defense, life, health, housing
Abstract

The study is devoted to the problem of regulatory content of necessary defense in the modern Russian criminal law. It is noted that the institution of necessary defense in the modern Russian criminal law insufficiently protects the interests of the defender. The reason is the imperfection of the norms of the Criminal Code of the Russian Federation (RF CC) regulating the application of necessary defense in the conditions of non-obvious attack with the use of force or its threat, and as a result, a significant number of judgements of guilt with the punishment in the form of imprisonment for murder and grievous bodily harm in case of exceeding limits of necessary defense. It is emphasized that the institution of necessary defense needs to be improved as soon as possible to protect the interests of defender. According to the author, the unconditional circumstances for recognition of necessary defense as legal must be a threat to life and health of a citizen; invasion of privacy or violation of boundaries of the territory privately owned by citizens; response to attack in the state of heat of passion, fear or fright caused by a sudden offense.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
24 March 2020
ISBN
10.2991/assehr.k.200321.080
ISSN
2352-5398
DOI
10.2991/assehr.k.200321.080How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

risenwbib
TY  - CONF
AU  - N.S. Grudinin
PY  - 2020
DA  - 2020/03/24
TI  - Areas of Reformation of the Institution of Necessary Defense in the Russian Criminal Law in the Era of Globalization
BT  - Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020)
PB  - Atlantis Press
SP  - 37
EP  - 41
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200321.080
DO  - 10.2991/assehr.k.200321.080
ID  - Grudinin2020
ER  -