Keyword: «necessary defense»

The article discusses the signs of legitimacy of self-defense relating to the protection; describes the concept and features of excess of necessary defense; examines features of qualification of harm in self-defense.

The article is devoted to the analysis of current problems of qualification of murder committed in excess of the limits of necessary defense (Part 1 of Article 108 of the Criminal Code of the Russian Federation). The article examines the theoretical and law enforcement aspects of distinguishing between lawful defense and criminal acts, and discusses the contradictions in judicial practice related to the evaluative nature of key criteria. Special attention is paid to the subjective aspect of the offense, the formal approach of law enforcement agencies, and proposals for improving criminal legislation.