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The authors examine the contents and essence of the conditions for necessary defense in the modern legal regulatory environment. They prove that it is necessary to develop an algorithm for the legal assessment of necessary defense in the system of circumstances that exclude the criminal character of the action aimed at defending the objects of criminal law protection. Theoretical concepts, court materials, and the recommendations of Plenary sessions of the Supreme Court of Russia are analyzed with special attention to the definition of debatable issues connected with the enforcement of the clauses of Art. 37 of the Criminal Code of Russia when setting criminal law prohibitions. The authors define the effectiveness of the corresponding criminal law norms in Russian criminal legislation for enforcing the rights of citizens to protection against criminal infringements, formulate conclusions for the criteria of the lawfulness of necessary defense and of exceeding its limits, and examine specific issues of distinguishing it from the adjacent criminal offences.
Garmyshev et al. (Wed,) studied this question.