LEGISLATIVE REGULATION CRIMINAL LAW INSTITUTE NECESSARY DEFENSE NEEDS IN THE OVER

The purpose of writing research work. The criminal-legal topics studied in this article and about the necessary defense, the limits of its legality are characterized by a high level of relevance for the present and the foreseeable future, as well as great scientific and practical importance. This is due to a number of factors of an objective and subjective nature. First of all, the problems of necessary defense concern the vital rights, freedoms and legitimate interests of an unspecified number of citizens, who are sometimes exposed to socially dangerous encroachments and are forced to defend themselves and by their own means, including with the use of active physical resistance. However, due to the vagueness of the legislative regulation of the criminal-legal institution of the necessary defense, the limits of its legality in law enforcement practice often happen to the victim of a socially dangerous attack giving a worthy rebuffing the ecromp through harm to his life or health, she finds herself in the role of a suspect, then - the accused, the defendant and even the convicted. Therefore, the purpose of this article is to develop (based on the analysis of scientific papers on the topic of research, law enforcement practice, foreign criminal legislation on necessary defense) legislative proposals on improving the norms of art. 37 of the Criminal code of the Russian Federation. The findings of the study. The criminal and legal institution of necessary defense is important for society and the State, both in terms of protecting the vital rights and legitimate interests of citizens from socially dangerous encroachments by the means of citizens themselves, and in strengthening the fight against crime by exploiting the potential of civil society. Itis necessary to enshrine in the plenum of the Supreme Court of the Russian Federation, but in the Criminal Code of the Russian Federation (Article 37) more specific and clear regulation of the issues of necessary defense, the limits of its legality, which would exclude their dispute, ambiguity of understanding, interpretation and application in investigative and judicial practice.

criminal law, socially dangerous encroachment, necessary defense, limits of legality