Author: Otegenova, Luiza Joldasbaevna

Annotation: This article discusses the features of the theoretical and practical aspects of the necessary defense. The article also analyzes the views of scientists on the concept of necessary defense, the study of the institution of necessary defense and its specific conditions. In addition, there are a number of aspects of the article that must be taken into account when determining whether an act constitutes a necessary defence. At the same time, it should be noted that damage to the defense against attack should only be inflicted on the aggressor, which is one of the conditions that distinguishes necessary defense from extreme necessity. In this article, the author emphasizes that one of the most important features of the institution of necessary defense is that the necessary defense is directed only against socially dangerous encroachments. The next condition for the right to necessary defense is the presence of socially dangerous aggression, and in the absence of aggression there is no aggressor, and the absence of an aggressor excludes the possibility of exercising the necessary right to defense.

Keywords: Necessary defense, extreme necessity, criminal, exclusionary circumstances, act, theoretical, social, dangerous, encroachment.