Necessary defense: a comparative analysis of the legislation of the Russian Federation and the Republic of Belarus

The article is devoted to the consideration of the features of the legislative consolidation of the right to necessary defense in the legislation of the Russian Federation and the Republic of Belarus. The author carried out a comparative study not only of the modern regulation of the institute of necessary defense, but also taking into account the historical development of states with the Criminal Code of the RSFSR as amended in 1994. The changes made to Art. 37 of the Criminal Code of the Russian Federation since the entry into force of the Criminal Code of the Russian Federation and up to the present. Based on the study, it was concluded that these changes seem to be reasonable and practically significant and it is advisable to take them into account when improving the legislation of the Republic of Belarus, as well as the advisability of further legislative improvement of the norm on necessary defense in the legislation of the Russian Federation in order to abandon a large number of evaluative signs, on which the discretion of the law enforcement agent is based, and it is very ambiguous.