Problems of Qualification of Justifiable Defense

Abstract

The article analyzes the problem of the algorithm of qualification of the necessary defense. Examples of erroneous application of the criminal law are shown when, having correctly established the actual circumstances of the case, the courts did not correctly assess: 1) the presence or absence of grounds for the right to necessary defense; 2) the degree and nature of the danger of encroachment; 3) the limits of defense, depending on the nature of the danger of encroachment; 4) the motives of the defending person.