Институт самозащиты в публичном и частном правовом пространстве. Рецензия на монографию Е.В. Лукки, А.В. Шульги «Необходимая оборона при посягательствах на членов семьи: уголовно-правовые и криминологические аспекты» (М.: «Юрлитинформ», 2021. 176 с.)

Abstract

The necessary defense is an inalienable right of every person, consisting in the protection of life and health, rights and legitimate interests belonging both to himself and to third parties. It is necessary to agree with the authors of the monograph that this form of self-defense is "one of the oldest institutions of criminal law, which since ancient times is based mainly on the instinct of self-preservation of a person living in society, and the desire to protect themselves from the surrounding dangers of domestic and social nature" (p. 7). The" merits " of the legal institution under consideration should also include the fact that it has a really effective deterrent potential against crime, since the prospect of receiving a tough rebuff from the defender has a much greater impact on the attacker than the probability of being in the hands of justice. At the same time, a qualified legal assessment of all aspects of the incident determines the distribution of the "victim" and "accused" statuses, which are sometimes repeatedly "exchanged" by participants in numerous conflicts during the judicial and investigative proceedings. An equally problematic aspect is the possibility of provoking an attack with the subsequent imitation of the state of the necessary defense from hooligan, selfish or other deviant motives. Accordingly, the correct legal assessment of the application of this form of self-defense in practice is a highly significant element of law enforcement. This is what determines the value of the institute of legal self-defense as an object of scientific research.