PROBLEMS OF ASSESSING THE HARM CAUSED BY THE USE OF NECESSARY DEFENSE

Abstract

The article discusses the current problems of criminal law qualification of actions committed in a state of necessary defense. The contradictions of law enforcement practice that arise when distinguishing between legitimate protection and exceeding its limits are analyzed. Special attention is paid to subjective criteria for assessing the behavior of the defender, including the psycho-emotional state. Based on the study of legislation and judicial practice, it is revealed the need to improve Article 37 of the Criminal Code of the Russian Federation to ensure uniformity of judicial decisions and protection of citizens' rights.