Relatively legal nature of necessary defensive and terms of her legitimacy
Journal Title: Часопис Київського університету права - Year 2018, Vol 1, Issue 1
Abstract
This article discusses the definition of the legal nature of the necessary defense, as an independent criminal-legal institution that excludes the crime of the act. It is established that the legal nature of the institution of necessary defense is based on the recognition of the natural human right to self-defense against criminal encroachments by all means not prohibited by law. The main conditions for the legitimacy of the necessary defense are analyzed.
Authors and Affiliations
Tetiana Duyunova
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