EXCEEDING LIMITS OF NECESSARY DEFENCE: COMPARATIVE AND LEGAL ASPECTS (on the material of the Criminal Code of the Russian Federation and Criminal Code of Germany)

The article considers the similarities and differences in relation to the legal category of exceeding the limits of necessary defense, presented in the Criminal Law of Russia and Germany. Existing in legal science approaches to the interpretation of this category are described, and the definitions of exceeding the limits of nec- essary defense that are available in the Criminal Code of the Russian Federation and the Criminal Code of Ger- many are analyzed. Several actual problems within the framework of the institute of necessary defense are em- phasized. The expediency of more consistent consideration of the psychological component in the theory and law-enforcement practice in relation to the situation of the exceeding the limits of necessary defense in the do- mestic criminal law is proved