Distinctions between necessary defense and actions to detain police officers

Автор: Biktemirov Airat Kavsarovich, Shaikhutdinov Ilgiz Shamilevich

Журнал: Автономия личности @avtonomiya-lichnosti

Рубрика: Формирование культуры личной безопасности

Статья в выпуске: 3 (36), 2025 года.

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This article examines the legal aspects of the use of physical force and harm to individuals during their detention in accordance with Article 38 of the Criminal Code of the Russian Federation. It analyzes the criteria for the legality of detention, the conditions and limits of harm to the detainee, and the distinction between necessary defense and detention actions. Particular attention is paid to the proportionality of the measures applied, liability for abuse of authority, and the legal assessment of harm of varying severity, including the controversial issue of the permissibility of a fatal outcome during detention. The article also examines the provisions of criminal and administrative law governing liability for unlawful actions against law enforcement agencies and the procedure for monitoring the use of physical force by police officers. The work emphasizes the importance of compliance with legal norms and procedures to ensure the legality and effectiveness of police activities, as well as the protection of the rights of citizens and law enforcement officers themselves.

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Employee, physical force, special means, firearms, measures of influence, application, use, self-defense, self-protection

Короткий адрес: https://sciup.org/142245944

IDR: 142245944