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The relevance of the research topic is due to the important role of the institution of necessary defense in criminal law. In law enforcement practice, difficulties often arise in determining whether the limits of necessary defense have been exceeded. The article distinguishes these norms from the intentional infliction of harm and the release of a person in connection with the exclusion of the criminality of his act with the necessary defense. Changes to the resolution of the Plenum of the Armed Forces of the Russian Federation related to issues of home defense, as well as threats of encroachment, are analyzed. Examples of judicial practice are given in which courts justify the application of Part 1 of Art. 108 of the Criminal Code of the Russian Federation. Proposals from State deputies are also being considered. Duma of the Russian Federation on the inclusion of provisions on home defense in the text of Art. 37 of the Criminal Code of the Russian Federation.
Yelena V. Schelkonogova (Sat,) studied this question.