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
Some topical issues of exercising the right of intellectual property in the system of the National Academy of Sciences of Ukraine
The article covers the basic tendencies of legal ensuring creation, protection and transfer of objects of intellectual property in the system of the National Academy of Sciences of Ukraine. The importance of developing a...
Reviewing the opinions of forensic experts as informal practices – their procedural status and evaluation in criminal proceedings
This article analyzes the findings of judicial experts and made a scientific assessment of criminal proceedings, resulting in the conclusion that there is an informal practice of submitting by the parties of the trial re...
International legal standards for the protection of human rights in the field of local self-government
Article considers aspects of the human rights and freedoms of system of the municipal law now. On pages of the article author suggest to define local community (i.e. unit individuals) as the subject of local self-governm...
Animals as a source of increased danger
The article characterizes signs of animals given their dual legal nature – as an object of civil relations and at the same time as a source of increased danger. It is found out that the legal status of «source of increas...
Reformation of the criminal executive system during the first years of Ukraine’s existence as an inde- pendent state (1992–1993)
The article provides comprehensive analysis of the criminal executive system development during the first two years of Ukraine’s existence as an independent state, the most vital issues regarding reformation of the menti...