CONCEPTIONS OF SELF-DEFENSE IN THE CRIMINAL LAW OF THE RUSSIA AND THE UNITED STATES

Abstract

Purpose: This article is devoted to the analysis of the concepts of self-defense in the criminal law of Russia and the USA. The Russian Federation has developed a negative law enforcement practice in the field of implementation of the norms on necessary defense. Persons protecting themselves and their loved ones from criminals and causing harm to criminals who commit an attack are often prosecuted for violating the principle of proportionality of defense and attack, which under current law qualifies as exceeding the limits of necessary defense.
 Methodology: In the United States, criminal law provides citizens with ample opportunity to take defensive actions against criminal attacks. The basic doctrinal provisions of the institution of self-defense in the legal systems of Russia and the USA are considered. Under Russian criminal law, with the help of the institute of necessary defense, less specific rights are protected.
 Result: This leaves a wide scope for interpretation; law enforcement officials interpret the necessary defense in a limited way, not in the interests of the defenders.
 Implications/Applications: US criminal law proceeds from opposing assumptions, with the help of legitimate self-defense, not abstract rights are protected, but specific benefits: life, health, sexual integrity, the inviolability of the home; which allows for an unambiguous interpretation in the interests of defenders.
 Novelty/Originality: The article formulated proposals for the reception of the provisions of American criminal law into Russian law.as a result of which the criminal law should casually fix situations in which the necessity defense is possible and stipulates its limits.