Peculiarities of the Stage of Establishing and Studying the Actual Circumstances of Inflicting Harm to the Criminal Protected Object During the Legal Assessment of the Use of Firearms by Police Officers in a State of Necessary Defense

Aim. To reveal the peculiarities existing at the stage of establishment and research of actual circumstances of causing damage to the criminally protected object during the application of criminal law standards regulating necessary defense, with reference to the situations of use of firearms by police officers that will allow avoiding qualification mistakes.

Methodology. During the study a dialectical approach to the disclosure of legal phenomena and processes was used. General scientific (systemic, logical, analysis and synthesis) and private scientific methods (formal-legal, linguistic-legal) were used. Norms of criminal and criminal-procedural legislation, Resolutions of Plenum of the Supreme Court of the Russian Federation and law enforcement practice were subjected to analysis.

Results. From the theoretical point of view the provisions are formulated, which allow increasing the efficiency of application of the norms regulating necessary defense, with regard to the situations of use of firearms by police officers.

Research implications. In practical terms the implementation of conclusions formulated in this article can contribute to the creation of additional grants for correct application of norms in respect of legal assessment of the actions of police officers, who used firearms.

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