SEPARATE PROBLEMS OF INTERPRETATION OF PROVISIONS OF THE CRIMINAL LAW ON EXCESS OF LIMITS OF NECESSARY DEFENSE IN LAW-ENFORCEMENT PRACTICE

The article is devoted to one of the most difficult aspects of the Institute of necessary defense - criminal liability for exceeding its limits. The author focuses on some issues of interpretation of the current criminal law governing this institution, in terms of its application in practice to persons who acted in a state of necessary defense, but exceeded its limits. The article takes into account the current explanations of the Plenum of the Supreme Court of the Russian Federation, the positions of scientists, judicial statistics and examples from judicial practice. According to the results of the study, the author formulates conclusions aimed at improving the practice of the Institute of necessary defense. The author notes, in connection with the existing problems of application of the provisions of the criminal code on the necessary defense and other circumstances precluding the crime, the need for publication by the Supreme Court of the Russian Federation of a review of relevant judicial practice. According to the results of the study, the author formulated conclusions aimed at improving the practice of the Institute of necessary defense, justified the need to Supplement the resolution of the Plenum of the Supreme Court of the Russian Federation № 19, proposed a new version of paragraph 14 of the said resolution.

необходимая оборона, превышение пределов, уголовный закон, толкование уголовного закона, уголовная ответственность, правоприменительная практика, судебные ошибки