Features of the criminal-legal assessment of actions committedin a state of imaginary defense
The article deals with the specifics of the qualification of actions of a person aimed at protecting himself or others, the interests of society or the state, committed in a situation where a socially dangerous encroachment did not actually exist. The authors analyze the provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation of 27.09.2012 no. 19 “On the application by courts of the legislation on necessary defense and causing harm when detaining a person who has committed a crime”, as well as the views of scientists on the issues of the qualification of imaginary defense. As a result of the conducted research, the conditions under which it is possible to bring a person who defended himself from an imaginary encroachment to criminal responsibility for causing harm through negligence are formulated.П