CIRCUMSTANCES THAT EXCLUDE THE CRIMINALITY IN ACTIVITIES OF EXPERT

Abstract

The article reviews the problems of legal characterization, kinds, significance the circumstances that eliminate criminality of expert. On the basis of the analysis of the regulations of the current Criminal Code of Ukraine and the practice of implementing its certain provisions the author has distinguished and analyzed regulated by the law circumstances precluding possibility of implementing criminal liability and other measures of criminal and legal nature, and on this basis has formulated own generalizing conclusions. The article stipulates that the right to self-defense as natural rights recognized and enshrined in the Constitution of Ukraine, as well as criminal and other branches of law. The right to self-defense is a concept, which is characteristic of the human right to protection against unlawful acts of its own or other people’s lives, health, rights and freedoms and the interests of society or the state. The structure has the right of self-defense components criminal elements that are fixed under the Criminal Code of Ukraine «Circumstances precluding criminality». This article is devoted to the study of physical abuse and mental abuse, as the circumstances that exclude criminality. Analyzes the scientific approaches regarding the definition of the content and legal nature of the physical abuse and mental abuse of its characteristic features, space in the system of measures that exclude criminality.