Orlovskyi B. The right of the necessary defense from criminal encroachments in the national and foreign criminal legislation: comparative legal analysis

The Thesis is the first complex scientific research in Ukraine, in which, taking into account the comparative method of analysis of criminal legislation of foreign countries, the achievements of theory and practice, propose a number of conceptual in the theoretical and applied aspects provisions and conclusions, that characterizes the right of the necessary defense from criminal encroachments in the national and foreign criminal legislation, discloses its structural categories, determines the peculiarities of normative constructions and forms directions for improving its criminal-legal regulation. The author developed and proposed the concept of formulating the definition of «necessary defense» in Ukrainian criminal legislation, a legislative description of the mechanism of necessary defense of property, norms on the use of mechanical means and devices that automatically trigger or lead to the struck of the person, which commits encroachment. The author substantiates the concept of introducing the legal characteristic of «the error in the circumstances that exclude the criminality of act» in place of the existing norms about «the imaginary defense» and developes the normative structure of such error.