Review of the Monograph of Doctor of Law, Professor Sergey Fedorovich Milyukov, Doctor of Law Andrey Vyacheslavovich Nikulenko "Causing harm during the Detention of a Person who Committed a Socially Dangerous act ". 2nd ed., reprint. and additional. St. Petersburg: Legal Center, 2020. 768 p.

Abstract

Relevance. In the review, the authors evaluate the monographic work of Doctor of Law, Professor S. F. Milyukov, Doctor of Law A.V. Nikulenko: "Causing harm during the detention of a person who committed a socially dangerous act." In the realities of today, the scientific, theoretical and practical problems of the implementation of the institution of causing harm during the detention of a person who committed a crime, as an independent circumstance excluding the criminality of the act, have not lost their significance.The purpose of the study: to conduct a comprehensive comprehensive scientific analysis of the monographicwork.Objectives: to assess the relevance and novelty of the content, the depth of the problem formulation and solu-tion of the designated tasks, the scientific and practical significance of the results of the monographic research.Methodology. The review was based on general scientific (analysis, synthesis, comparison, etc.), private scientific and special legal methods of cognition. and correctlyResults. The team of authors made a proposal for a number of amendments to the current norms of Chapter 8 of the Criminal Code of the Russian Federation and supplementing it with Article 381 "Detention of an imaginary assailant", Article 421 "Error in the presence of circumstances precluding the criminality of the act"; amendments to articles of the Special Part of the Criminal Code of the Russian Federation concerning the excess of measures necessary for detention; on the settlement of compensation for material and other (for with the exception of moral) harm in a civil procedure through the improvement of civil legislation.Conclusion. Modern domestic legislation focuses on the regulation of the conditions for the legality of causing harm during the detention of a person who has committed a socially dangerous act, which should apply to specially authorized officials without any exceptions and substitute criminal legal regulation and have priority over departmental regulations. The proposals made, together with the adoption in the future by the Supreme Court of the Russian Federation of a resolution on all institutions excluding criminality of the act, will be able to ensure a uniform approach in law enforcement practice and contribute to strengthening the rule of law.