THE STRUCTURE AND ELEMENTS OF NECESSARY DEFENSE UNDER THE CRIMINAL LAW OF UKRAINE
THE STRUCTURE AND ELEMENTS OF NECESSARY DEFENSE UNDER THE CRIMINAL LAW OF UKRAINE

Summary/Abstract: Necessary defense refers to the circumstances precluding wrongfulness and social danger of the act. These are the actions that by their external characteristics although are similar to those or the other criminal acts (for example, taking life of a person, who infringes during the necessary defense, coincides with corpus delicti of murder), but in fact they are not socially dangerous and illegal and are recognized legitimate and usually socially useful. In this regard, the notion of necessary defense is examined in the article. The analysis of the composition of necessary defense, distinguishing of elements regarding both infringement and the defense against such attacks is made. A definition of necessary defense is given in the article.

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