Judicial Interpretation of Signs of Socially Dangerous Encroachment with the Necessary Defense

Abstract

Relevance. In this article, the authors consider the signs of socially dangerous encroachments, the suppression of which generates the right to the necessary defense. Studying the signs of encroachment, enshrined in Article 37 of the Criminal Code of the Russian Federation, resolution of the Plenum of the Supreme Court of the Russian Federation No. 19 dated 27.09.2012, as well as developed by the doctrine of criminal law, the authors come to the conclusion that the signs of encroachment are interpreted both in a narrow and in an expansive meaning, which, in turn, creates difficulties in solving the issue on the legality of causing harm in a state of necessary defense.The purpose of the study is to develop theoretical judgments about the form of socially dangerous encroachment, which, in turn, is the basis for the emergence of the right to the necessary defense.Objectives: To identify possible problems related to the realization by citizens of the right to the necessary defense.Methodology. The methodological basis of the research was the universal dialectical method of cognition of socio-legal phenomena, general scientific research methods (analysis and synthesis, deduction and induction, system-structural and others). In addition, private scientific methods of cognition were used logical–formal and system analysis.The results of the study are theoretical and applied in nature and are aimed at overcoming the contradictions that arise when solving the question of the legality of the harm caused in a state of necessary defense.Conclusions. As part of the study, the authors conclude that the provisions of Article 37 of the Criminal Code of the Russian Federation are designed purely formally, which negatively affects the protection of the rights and interests of the defending person.