EXCEEDING BETWEEN NECESSARY DEFENSE: MAIN FEATURES

The article is devoted to the study of the main features of the limits of self-defense. It was found that a clear list of signs of exceeding the limits of self-defense in Art. 36 of the Criminal Code of Ukraine is absent. Based on the analysis of regulations, as well as literature sources, it is concluded that the main signs of exceeding the limits of self-defense include: the presence of a state of self-defense; causing serious harm; causing damage in excess of the limits of necessity and sufficiency; causing damage that clearly does not correspond to the danger of encroachment or the situation of protection; guilt in the form of intent. It is stated that in order to establish the presence or absence of signs of exceeding the limits of self-defense, courts must take into account not only the adequacy or inconsistency of weapons of defense and attack, but also the nature of the danger to the protected person and the circumstances in particular: the place and time of the attack, its suddenness, unpreparedness to repel it, the number of attackers and those who defended themselves, their physical data (age, sex, state of health) and other circumstances. It is emphasized that since such boundaries have a beginning and an end, harm before or after them can be considered as harm outside the established limits. Therefore, leaving them only indicates that the damage was caused in the absence of appropriate grounds. The specifics of the motive of the crime committed in excess of the limits of necessary defense are analyzed. In particular, emphasis is placed on the fact that the motivation of the perpetrator's actions in exceeding the limits of necessary defense should be mainly due to protection against socially dangerous encroachment on the rights and interests protected by law.