The psychological aspect of self-defense (exceeding the limits of justifiable defence) and trinitarian-synergetic approach to the modelling of the legal regime

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Legal norms concerning necessary defence and exceeding its limits are widely used in law enforcement. Approximately 50% of the Russian citizens are afraid of using the right to necessary defense because of the fear of criminal responsibility for exceeding its limits. Exceeding its limits is distinguished by a significant influence of the psychological factor. The author suggests his trinitarian-synergetic model of the legal regime, whose mega- and macro-levels describe the legal regime from such conceptual approaches as normative, non-normative and realistic ones, which conforms to the principle of complementary character of synergetic systems. The potential of the model are revealed through the description of the legal atmosphere of social relations. The criterion of admissibility of necessary defence (regardless of the possibility to escape a socially dangerous encroachment) is a significant factor for constructive solution to the problem of so-called sustainability on the levels of trinitarian-synergetic model. To form the public opinion it is necessary to use the criterion of admissibility of necessary defence, which will favourably influence law enforcement.

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Necessary defence, exceeding the limits of justifiable defence, psychological factor, heat of passion, synergy, trinitarian-synergetic approach, legal regime, trinitarianism

Короткий адрес: https://sciup.org/14989666

IDR: 14989666

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