Problems of implementing the necessary defense against administrative offenses

Abstract

The article deals with the issue of necessary defense. The conclusion is made about its universal character. Its intersectoral nature is noted. The sign of the public danger of encroachment is analyzed, as a result of which the author comes to the conclusion that the legislator deliberately does not use it in relation to administrative offenses, seeking to differentiate offenses related to criminal law in this way. It is also concluded that the correct approach is applied by the legislator to exclude the sign of public danger from administrative offenses. The peculiarity of administrative offenses and the possibility of using the necessary defense to protect against them are analyzed. The conclusion is made about the possibility of applying the necessary defense against administrative torts and the need to include this institution in the number of circumstances excluding the delinquency of the act.