Вопросы квалификации превышения пределов необходимой обороны

Andrey V. Nikulenko, Academic Secretary of the Academic Council of the Saint-Petersburg University of the Ministry of the Interior of the Russian Federation LL.D., Associate Professor, Police Colonel, Maksim A. Smirnov, Assistant Prosecutor of Veliky Novgorod Class 1 Lawyer
2020 Russian investigator  
The article is dedicated to justifiable defense as a circumstance excluding the criminal character of an act pursuant to criminal laws of the Russian Federation. The authors cover some issues concerning the application of provisions stipulated by Article 37 of the Criminal Code of Russia. The research of these provisions allows identifying the advantages and disadvantages of the legal regulation of justifiable defense including the disadvantages of the judicial and investigative practice. The
more » ... per criticizes the existing approach and offers ways to solve the indicated problems including by means of amendment of resolution of the Plenum of the Supreme Court of the Russian Federation No. 19 of September 27, 2012, On the Judicial Application of Laws on Justifiable Defense and Causing of Damage in the Course of Detention of a Criminal. The authors suggest a means of possible reconstruction of the corresponding provisions of Article 37 of the Criminal Code of the Russian Federation in view of ambiguous and often inconsistent practice of application of criminal law provisions on justifiable defense.
doi:10.18572/1812-3783-2020-11-32-36 fatcat:vtfosc2d4jeo5mk55ybfuyq73i