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Title of Article

NECESSARY DEFENSE: FEATURES OF DELIMITATION OF PROVOCATION OF DEFENSE FROM LAWFUL DEFENSIVE ACTIONS


Issue
5
Date
2020

Article type
scientific article
UDC
343.228
Pages
148-154
Keywords
 


Authors
Merkurev V.V.
Universitet prokuratury RF

Tarakanov I.A.
Vladimirskiy yuridicheskiy institut Federalnoy sluzhby ispolneniya nakazaniy Rossii


Abstract
The article discusses the features of delimiting the provocation of defense from lawful defensive actions, in which the defender deliberately provokes an attack that encroaches on himself to protect the interests of others, society or the state. The authors analyze the provisions of the Ruling of the Plenary Session of the Supreme Court of the Russian Federation of 27.09.2012 № 19 «On the application by the courts of the legislation on necessary defense and harm during the detention of the person who committed the crime», as well as the point of view of scientists regarding the criminal law assessment of provocation as in criminal law, and criminological sense. As a result of the study, conclusions were drawn on the admissibility of legitimate provocation and proposals were formulated to amend the provisions of par. 9 of the Ruling.

File (in Russian)