NECESSARY DEFENSE AS A CONDITION THAT EXCLUDES THE CRIMINALITY OF THE ACT AND ITS PECULIARITIES

In this article, the author considered necessary defense and its features as a condition excluding criminality of act. The notes that liberalization improvement criminal legislation to ensure reliable protection person, his rights freedoms, legitimate interests are priorities Criminal law policy. Another essential characteristic institution is fact directed only against socially dangerous encroachments, but legislator draws attention in law, such types aggression do not differ from each other. This also covered by presence some difficulties assessing act committed state defense. addition, it indicated another for recognizing justified public danger aggression. Referring this, believes cases where there no aggression, aggressor, absence an aggressor will negate possibility using article substantiates offenses administrative generates right individual exempts person liability, which crime unlawful encroachment attacking methods permitted causing harm. regard, substantiated defense, if does deviate limits, stimulates object with active resistance encroachments harming aggressor.