PRINCIPLES OF LEGAL SELF-DEFENSE: CONCEPT, SYSTEM, FILLING
( Pp. 89-92)

More about authors
Uzdimaeva Natalya I. kand. yurid. nauk, docent, docent kafedry teorii i istorii gosudarstva i prava
National Research Mordovia State University
Abstract:
The article is devoted to the analysis of the principles of legal self-defense, which form the basis of regulatory regulation and subsequent practical implementation of self-defense as a special subjective right and form of protection of the right. In accordance with these principles, the entire mechanism of legal self-defense is built. They are of particular importance in conditions when the procedures of self-protection are not regulated in detail by the current legislation. The principles also contribute to the search for the optimal means and methods of legal self-defense for each actual situation, provide a guide for the law enforcement officer in case of the need for the qualification of legal self-defense. Task. In writing the author sought to show how important are the principles of legal self-defense in its legalization, practical implementation and qualification. Special emphasis is placed on the need to build a system of principles of legal self-defense, as it directly depends on the set of conditions necessary for the use of self-defense as an effective tool of legal security. Model - Methodology. In the course of the study the author uses the dialectical method (in determining the essence of the principles of legal self-defense as a special type of legal principles, which are subsequently transformed into sectoral principles of legal regulation of certain types of self-defense), a systematic approach (in establishing a system of principles of legal self-defense as interrelated with each other and predetermining each other), comparative legal (in the analysis of sectoral manifestations of these principles), formal legal (in characterizing the state and quality of regulatory regulation of self-defense), axiological (the study of the principles of self-defense as the humanistic basis of rule of law) etc. In their writing used the works of both Russian and foreign authors (V. M. Baranov, M. Yu. Garanina, S. V. Gorbacheva, V. V. Bolgova, E. Jenks, G. Kohler, A. V. Stremoukhov, please the V. A., A. A. Fomin, and others). Results. The author came to the conclusion that it is necessary to build a system of principles of legal self-defense as a necessary basis for the mechanism of legal self-defense. The scope of the study/possibility of subsequent use of results of scientific work. The material of this article can be used for further research in this area, as well as in law-making and law enforcement activities of authorities and officials, as well as the use of the right to self-defense by ordinary citizens and other institutions of civil society in modern Russia. Originality/value. The work is useful to all who are interested in the problems of self-defense of law, as well as in some way involved in the sphere of legal protection (students, teachers, scientists, lawyers, politicians and ordinary citizens).
How to Cite:
Uzdimaeva N.I., (2018), PRINCIPLES OF LEGAL SELF-DEFENSE: CONCEPT, SYSTEM, FILLING. Gaps in Russian Legislation, 4 => 89-92.
Reference list:
Garanin M.YU. Samozashchita kak sotsial no-filosofskaya problema : dis.. kand. filos. nauk. N. Novgorod, 2004.181 s.
Bolgova V.V. Formy zashchity sub ektivnogo prava: teoreticheskie problemy: avtoref. dis. kand. yurid. nauk. Ufa, 2000. 38 s.
Stremoukhov A.V. Pravovaya zashchita cheloveka: monografiya. SPb. : Izd-vo LGU im. A. S. Pushkina, 2006. 324 s.
Fomin A.A. YUridicheskaya bezopasnost v sfere zakonotvorchestva i pravorealizatsii: monografiya. Penza: Izd-vo Penz. gos.un-ta, 2006. 236 s.
Baranov V.M. Tenevoe pravo: monografiya. N. Novgorod: NA MVD Rossii, 2002. 165 s.
Mironov V. O., Zin N. I. O printsipakh, funktsiyakh i normakh prava // Aktual nye voprosy obrazovaniya i nauki. 2017. № 3. S. 24-28.
Gorbacheva S. V. Samozashchita prav po rossiyskomu zakonodatel stvu: diss. kand. yurid. nauk, 2005. 199 s.
Usanova V. A. Konstitutsionnoe pravo cheloveka na samozashchitu: diss. kand. yurid. nauk. Volgograd, 2003. 230 s.
Keywords:
self-defense, legal protection, principles of law, the principles of legal self-defense, the legality of self-defense, the voluntary nature of self-defense, proportionality, the absoluteness of self-defense, liability for exceeding the limits of self-defense.


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