Features of the necessary defense against socially dangerous encroachment committed by a person under the age of criminal responsibility

The article is devoted to the consideration of the features of the necessary defense against encroachment committed by a person who has not reached the age of criminal responsibility. Scientists are exposed to research on the possibility of defensive actions, the limits of harm inflicting such an intruder, as well as the provisions of criminal law governing the legality of these actions. Based on the study, it was concluded that the socially dangerous encroachment carried out by a person under the age of criminal responsibility constitutes a situation of necessary defense and gives the defendant the right to harm the encroaching person. At the same time, it is allowed to cause death to such an intruder, if his socially dangerous encroachment is associated with violence, life-threatening the defender or another person, or the immediate threat of such violence (first of all, it is an armed or group attack). In determining the limits of the necessary defense, the age of the attacker may be taken into account as another circumstance that could affect the actual balance of forces of the attacker and the defenders, as well as in deciding whether it was necessary to cause death to the attacker or serious damage to his health in order to prevent or curb the attack. in itself cannot mean exceeding the limits of necessary defense and must be taken into account along with other circumstances that make up the situation of necessary defense, first of all of the nature and degree of the danger of encroachment. Any requirements to evade the encroachment of a person who has not reached the age of criminal responsibility, or to strive to cause him minimal harm are dictated by considerations of humanism and morality, and also contradict the provisions of part 3 of art. 37 of the Criminal Code of the Russian Federation, therefore, they cannot be taken into account when determining the legality of causing harm with the necessary defense.