THE IMPORTANCE OF THE INSTITUTE OF NECESSARY DEFENCE IN CRIMINAL LAW AND CURRENT PROBLEMS OF ITS IMPROVEMENT

This scientific article provides a comprehensive and systematic analysis of the theoretical and practical problems and the socio-legal significance of the right to necessary defence, one of the most important institutions of criminal law. Within the scope of the research, the provisions of Article 37 of the Criminal Code of the Republic of Uzbekistan have been studied in depth in terms of the conditions of legality, namely the criteria relating to the attack and the defence. The problems of the legal classification of cases involving exceeding the limits of necessary defence (excess), which give rise to the greatest number of disputes in judicial and investigative practice, have been analysed. In addition, the experience of foreign countries (the USA and Germany) has been examined using comparative legal methods, and well-founded proposals aimed at improving national legislation and strengthening guarantees of the inviolability of individuals have been developed.

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Publication Details

Journal
International Journal of Literature and Language Studies
Published
2026-11-08
Primary Topic
Criminal Law and Policy
Type
article
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article

THE IMPORTANCE OF THE INSTITUTE OF NECESSARY DEFENCE IN CRIMINAL LAW AND CURRENT PROBLEMS OF ITS IMPROVEMENT

Iskandarov Muhammadali Shuxratovich
International Journal of Literature and Language Studies
Criminal Law and Policy
article

THE IMPORTANCE OF THE INSTITUTE OF NECESSARY DEFENCE IN CRIMINAL LAW AND CURRENT PROBLEMS OF ITS IMPROVEMENT

Iskandarov Muhammadali Shuxratovich
article en

Abstract

This scientific article provides a comprehensive and systematic analysis of the theoretical and practical problems and the socio-legal significance of the right to necessary defence, one of the most important institutions of criminal law. Within the scope of the research, the provisions of Article 37 of the Criminal Code of the Republic of Uzbekistan have been studied in depth in terms of the conditions of legality, namely the criteria relating to the attack and the defence. The problems of the legal classification of cases involving exceeding the limits of necessary defence (excess), which give rise to the greatest number of disputes in judicial and investigative practice, have been analysed. In addition, the experience of foreign countries (the USA and Germany) has been examined using comparative legal methods, and well-founded proposals aimed at improving national legislation and strengthening guarantees of the inviolability of individuals have been developed.

International Journal of Literature and Language Studies
Criminal Law and Policy
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