Arbitrariness as exceeding the limits of self-defense in civil law
Автор: Baryshnikov M.Yu.
Журнал: Международный журнал гуманитарных и естественных наук @intjournal
Рубрика: Юридические науки
Статья в выпуске: 12-1 (75), 2022 года.
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In the article, the author examines such legal institutions as self-defense and arbitrariness, analyzes their relationship and features. Theoretical approaches to the definition of the problems of normative legal regulation of self-defense in terms of setting its limits, the excess of which can be qualified as arbitrariness, are studied. The author examines in detail the content of the concept of arbitrariness described in the scientific literature, civil and criminal law. In this article, self-defense and arbitrariness are considered as separate legal institutions used in civil legal relations. Also, within the framework of this study, law enforcement practice is analyzed in terms of consideration of issues of self-defense and arbitrariness by judicial authorities. The main results of the study are the identification of problems of regulatory regulation of mechanisms for the implementation of self-protection of the rights of individuals and legal entities and the establishment of its limits, which consist in the absence of relevant provisions in legislation. Based on the results of the analysis, the expediency of making changes to the current legislation regarding the establishment of requirements for the limits of self-defense and the description of mechanisms for its implementation is justified.
Self-defense, arbitrariness, limits of self-defense, abuse of the right to self-defense, civil law, legal institute of self-defense, legal institute of arbitrariness, permissible arbitrariness, legal regulation
Короткий адрес: https://sciup.org/170196943
IDR: 170196943 | DOI: 10.24412/2500-1000-2022-12-1-21-24