Bodnaruk O. Necessary Defense In Case of Encroachment Upon Property.

The dissertation is an independent, complete scientific work, one of the first complex studies of criminal law about the necessary defense in legal science of Ukraine, about its legality in terms of attacks on property in Ukraine and in the foreign criminal law, and also of criminal responsibility for the excess of such defense. The results of a comprehensive criminal law study of the right to the necessary defense in case of encroachment upon property in Ukraine and abroad, and also criminal responsibility for the excess of such defense have been presented in the dissertation. Legislation about necessary defense in philosophy, comparative legal and formal-legal aspects have been analyzed. The regulation of the use of necessary defense in the criminal law of foreign countries, the legal norms which underlie modern legal systems of the world have been examined in the dissertation. Much attention is paid to the protection of property in these states. On the basis of this study has been made the author's definition of "provocation of necessary defense". The author has investigated the legality of the use of special autonomous technical devices to ensure the inviolability of property, and paid attention to the importance of firearms and electro-shock devices for realization by individuals their right to the necessary defense. The author makes recommendations for improving provisions of the necessary defense in the current Criminal Code of Ukraine.