THE SPECIFICS OF THE EVOLUTION OF THE LEGISLATIVE CONSOLIDATION OF THE RIGHT TO THE NECESSARY DEFENSE OF THE INVIOLABILITY OF THE HOME IN THE CRIMINAL LAW OF RUSSIA

The article is devoted to the consideration of the peculiarities of the evolution of the legislative consolidation of the right to the necessary defense of the inviolability of the home in the criminal law of Russia. The subject of the study is the norms of domestic criminal legislation at various stages of historical development. The purpose of the study is to clarify trends in the legislative regulation of the right to harm a person who commits illegal entry into a home. The provisions of various normative legal acts, as well as explanations of the highest judicial instance, are analyzed. Based on the conducted research, conclusions are drawn that allow us to reveal the main trends in the legislative consolidation of the right to the necessary defense of the inviolability of the home in domestic criminal law. In addition, taking into account the identified trends, the authors expressed the opinion that at present, taking into account the needs of ensuring the safety of life, health and property of citizens, there is a clear need for legislative improvement of the right to protection of the inviolability of the home. The direction of such improvement, according to the authors, is to consolidate the principle “my house is my fortress” directly in the text of the Criminal Code of the Russian Federation. In this regard, the authors support the legislative initiative of deputies of the State Duma of the Federal Assembly of the Russian Federation related to the proposal to amend Article 37 of the Criminal Code of the Russian Federation. As a justification for the need to make such changes, it is noted that, as a rule, illegal entry into a criminal’s home is not an end in itself, but a way of committing a more socially dangerous crime, both against property and the interests of the individual. In this regard, the authors consider the admissibility and appropriateness of preventive infliction of harm to a person encroaching on the inviolability of the home.