The necessary defense limits: revisiting the provisions improvement of article 37 of the Criminal Code of the Russian Federation

The article describes the peculiarities research to assign the necessary defense limits for infringements of the various objects of criminal-legal protection. The article authors are analyzed the reasons of wrong estimate of the defense actions proportionality to the nature and danger of an infringement; they are considered a made suggestion about abolition of the necessary defense limits in the juridical literature. In the article there is draw attention to the current version of Article 37 of the Criminal Code of the Russian Federation which doesn't allow to accurately identify for a defender what harm will be recognized as a lawful for the infringe in a particular situation. The issue is analyzed the possibilities to extend situations of “unlimited defense” in the trespasses against health and sexual freedom of the personality. Through the conducted research the article authors are submitted the amendments in the text of Article 37 of the Criminal Code of the Russian Federation. It is argued that the limits extension of necessary defense will make the defense actions more confident and effective and it would contribute implementa- tion of the protection of citizens' rights and freedoms by all means which are not prohibited by the law that is provided Article 45 of the Constitution of the Russian Federation.