SELF-DEFENSE: ALGORITHM OF QUALIFICATION

Abstract

This paper proposes a sequence of actions to address key questions to establish the
correspondence between characteristics of an offense and characteristics of a composition
of acts for the necessary defense. In addition to qualifying crimes other criminal and legal
acts to which, for example, belong acts committed under circumstances that exclude them
from criminality, are also subject to criminal-legal evaluation. In this paper, the concept of
qualification of lawful harm as necessary is considered. Qualification of an offence in circumstances
of self-defense means the establishment of conformity between signs of perfect
action and signs of the act (lawful harm), committed in self-defense. Only the presence
of all elements of lawful infliction of harm excludes the crime committed from penal
acts. When establishing conformity between signs of perfect act and evidence of a lawful
infliction of harm in self-defense, the law enforcers often make mistakes. In order to minimize
errors in enforcement activities when qualifying the acts committed under circumstances
excluding criminality of act, the article proposes the algorithm of qualification of
lawful infliction of harm in self-defense. Under the algorithm of training of self-defense in
the work it is proposed to understand the sequence of actions to establish the correspondence
between the signs in fact of an offense and elements of an act committed in necessary
defense.