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Title of Article

THREAT TO THE LIFE AND HEALTH OF CITIZENS AS A BASIS FOR THE USE OF STATE COERCION AND THE CIRCUMSTANCE PRECLUDING ITS ILLEGALITY IN CASE OF HARM TO THE OFFENDER


Issue
6
Date
2024

Article type
scientific article
UDC
340
Pages
133-137
Keywords
 


Authors
Kaplunov A.I.
Sankt-Peterburgskiy universitet MVD Rossii


Abstract
In the article, based on the analysis of the norms establishing the authority of police officers to use firearms to stop a vehicle, and the practice of its implementation, the author comes to the conclusion that both the norms regulating this authority themselves and, in general, the model of the lawful application of this measure of state coercion are defective. It is proposed to improve the model of the lawful application of this preventive measure fixed by law to provide for a new independent circumstance in the Criminal Code of the Russian Federation that excludes the criminality of an act if this act is associated with «eliminating a threat to the life and health of citizens».

File (in Russian)