Protection of Interests of Personality, Society and State against Criminal Intrusions and Others Threats: Problems of Enforcement

Based on the analysis of the practice of application of Chapter 8 of the Criminal Code of the Russian Federation and other laws it is proved that the Russian legal system has developed two groups of rules on the legality of causing harm while protecting interests: Article 37 of the Criminal Code of the Russian Federation, which regulates the behavior of individuals, and other legal acts regulating professional activities of the persons concerned. Is proposed to add to Chapter 8 of the Criminal Code of the Russian Federation a norm, according to which it is not a crime to cause harm to legally protected interests under the lawful performance of professional functions. The necessity to develop an algorithm of a legal assessment of the harm under the circumstances, exceptions to criminality, other than the classification of the offense.