CRIME EXCLUSIONS CASES AS A FORM OF EXTRAJUDICIAL PROTECTION OF PERSONAL RIGHTS AND FREEDOMS
Keywords:
human rights and freedoms, self-defense, extrajudicial protection, necessary defense, extreme necessity, causing harm to a criminal.Abstract
If we look at the practice of law enforcement agencies and social networks, we can see that some people have a misconception that the circumstances precluding the criminality of an act, specified in the Criminal Code of the Republic of Uzbekistan, are intended only for law enforcement agencies. In the article, the author tries to show the fallacy of such views that circumstances precluding the criminality of an act are included in the legislation as legal forms of extrajudicial protection of individual rights and freedoms. He gives examples from the experience of foreign countries. He compares them with each other and with the criminal legislation of Uzbekistan. Models of legal regulation, formed on the basis of circumstances excluding the criminality of a crime, reveal scientific and theoretical teachings. At that point, the main attention is focused on the most common cases, excluding criminality of a deed: necessary defense, extreme necessity, and cases of infliction of harm during the detention of a person who committed a socially dangerous act. At the same time, it is noted that these cases can be applied to representatives of law enforcement agencies. Concluding the article, the author did not fail to outline the prospects of what aspects of the experience of foreign countries can be implemented in national legislation.