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Self-Defense of the Rights and Freedoms of Personality in the Sphere of Criminal Law Relations
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Self-Defense of the Rights and Freedoms of Personality in the Sphere of Criminal Law Relations
Annotation
PII
S013216250010299-1-
DOI
10.31857/S013216250010299-1
Publication type
Article
Status
Published
Authors
Aleksandr М. Smirnov 
Occupation: Chief Researcher
Affiliation: Research Institute, Federal Penitentiary Service
Address: Russian Federation, Moscow
Edition
Issue 12
Pages
98-104
Abstract

The problem of ensuring the right of individual to self-defense of his rights and freedoms in the field of criminal law relations in Russia today is discussed. Forensic practice often demonstrates unfair criminal prosecution for those exercising self-defense. On the basis of a survey he organized, the author analyzes opinions of citizens (N = 1687) and specialists (N = 232) on how the right to self-defense is enshrined at the legislative level. The results of the survey show that 67% of citizens do not exclude likelihood of arbitrarily punishing the offender, and this by any means, including, if necessary, criminal ones. Critically assessing the activities of the police and courts, citizens expect the state to expand legal conditions for the legitimacy of self-defense and mitigate penalties for violating these conditions. This is at odds with the opinion of experts, who most often deem it necessary to limit right of citizens to self-defense, while recognizing desirability to clarify existing restrictions.

Keywords
self-defense, rights and freedoms of individual, lynching, law enforcement, sociology of law
Received
21.12.2020
Date of publication
24.12.2020
Number of purchasers
4
Views
54
Readers community rating
0.0 (0 votes)
Previous versions
S013216250010299-1-1 Дата внесения правок в статью - 28.06.2020
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References

1. Gilinsky Ya.I. (2018) Criminology. Theory, history, empirical base, social control. Moscow: ID Alef-Press. (In Russ.)

2. Кazakova V.A. (2018) Legal assessment of circumstances related to justified necessity and extreme necessity. Vestnik Moskovskogo gosudarstvennogo lingvisticheskogo universiteta. Obrazovaniye i pedagogicheskiye nauki [Bulletin of the Moscow State Linguistic University. Education and pedagogical sciences]. No. 790: 180–186. (In Russ.)

3. Nazarov A.D., Mayorova L.V. (2016). The following and judicial errors associated with improper execution of the criminal law and violation of its prohibition. Sibirskiy yuridicheskiy vestnik [Siberian Legal Bulletin]. No. 4 (75): 27–33. (In Russ.)

4. Smirnov A.M. (2012) Criminological analysis and protection measures. Kriminologicheskiy zhurnal Baykal'skogo gosudarstvennogo universiteta ekonomiki i prava [Criminological journal of the Baikal State University of Economics and Law]. No. 1: 39–43. (In Russ.)

5. Smirnov A.M. (2014) The phenomenon of legal nihilism in Russian society and the willingness of citizens to contribute to the resolution of criminal conflicts. Probely v rossiyskom zakonodatel'stve [Gaps in Russian law]. No. 3: 143–146. (In Russ.)

6. Uzdimaeva N.I. (2011) The role of civil society institutions in the implementation of the right to self-defense. Pravovaya politika i pravovaya zhizn' [Legal policy and legal life]. 2011. No. 3: 76–81. (In Russ.)

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