To the question of the concept of necessary defense and its social and legal nature
Автор: Svirin Danil Andreevich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 1 (44), 2020 года.
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Purpose: The aim of the work is the definition of the concept of necessary defense and the establishment of its socio-legal nature. Methodology: When writing the work, dialectic, formal-legal, and comparative methods were used. Results: The article explores the institution of necessary defense. The works of scientists of theorists and practitioners on the concept of the necessary defense are analyzed. The author studies the natural-legal, socio-political and positivistic approaches to the socio-legal nature of the right to necessary defense. The current criminal law does not have a specific and complete concept of the necessary defense, so you should refer to the legal doctrine. The subject of the research are: legal acts, doctrinal and other sources in the field of the institute of necessary defense. Novelty/originality/value: The relevance of this topic is due to the fact that the necessary defense is one of the main means of strengthening the rule of law, public security and the rule of law, protecting the rights of citizens and preventing crime.
Criminal law, necessary defense, defense, suppression, etymology, concept
Короткий адрес: https://sciup.org/140249680
IDR: 140249680