INFLICTION OF HARM DURING DETENTION OF THE PERSON WHO HAS COMMITTED A CRIME AS AN INDEPENDENT CIRCUMSTANCE WHICH EXCLUDES CRIMINALITY OF THE ACT
The review provides assessment of the monograph “Infliction of harm during detention of the person who has committed a socially dangerous act” by S.F. Milyukov and A.V. Nikulenko. The primary destabilizing reason for development of the modern society is crime; its negative qualitative and quantitative trends constitute a real threat to the state. A significant role in combating crime is played by citizens exercising their legitimate rights; essentially important among them is the right to cause harm during detention of the person who has committed a crime. Social usefulness of lawful actions on apprehension of the criminal is the following: they stop the crime started, prevent in some cases commission of new crimes, ensure criminal prosecution of the guilty party and reparation for the damage caused. The reviewer emphasizes high scientific-theoretical as well as specific practical importance of supported by the authors approach to the institution of harm inflicted during detention of the person who has committed a crime. The authors view it as an independent circumstance which excludes criminality of the action. They believe that in many ways this very approach will help to fulfill an important governmental task of protecting public order and ensuring public safety. The review reveals inner logic of creating the authors’ concept to differentiate the institution of harm inflicted during detention of the person who has committed a crime from other circumstances which exclude criminality of the act. At the same time the paper points out some arguable, debatable issues which require further discussion.