Customary-Legal Dimension of Self-Defense (in Memory of N.I. Uzdimaeva)

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Abstract

The article examines the biography and views on the Institute of self-defense of Natalia Ivanovna Tyurina (Uzdimaeva), associate professor of the N.P. Ogarev Mordovian State University, who died prematurely in 2021. From the point of view of N.I. Uzdimaeva legal self-defense is considered as an independent subjective right, the isolation of which in modern conditions is a real necessity, which should be it should be feasible, and its subjects should be given the opportunity to prevent violations of rights, restore them and compensate for all losses. The researcher considers such elements of the right to self-defense as the right to necessary self-defense (art. 37 of the Criminal Code of the Russian Federation); rights associated with a situation of extreme necessity (art. 39 of the Criminal Code of the Russian Federation); the right to self-defense of the right (art. 12 of the Civil Code of the Russian Federation); “the right to silence” (art. 51 of the Constitution of the Russian Federation), etc.

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About the authors

Yulia N. Sushkova

National Research Ogarev Mordovia State University

Email: yulenkam@mail.ru
Dr. Sci. (Hist.), Associate Professor; Dean at the Law Faculty, Chair of the International and European Law Department Saransk, Russian Federation

References

  1. Uzdimaeva N.I. Legal self-defense - a new complex institution in the system of Russian law. Gaps in Russian Legislation. 2011. No. 4. Pp. 23-26. (In Rus.)
  2. Uzdimaeva N.I. Lawful behavior: concept, qualification, motives. N.I. Matuzov (ed.). Saratov: Publishing House of the State Higher Educational Institution “Saratov State Academy of Law”, 2006. 200 p.
  3. Uzdimaeva N.I. The right to self-defense and the mechanism of its implementation. Saransk: Publishing House of Mordovia State University, 2015. 236 p.
  4. Uzdimaeva N.I. Legal self-defense: Russian and international standards. Saransk: Publishing House of Mordovia State University, 2017. 304 p.
  5. The history of the national state and law: A textbook for seminars: In 2 parts. T.E. Novitskaya (ed.). Part 1. Moscow: Norm; Infra-M, 2018. 640 p.

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