THE ISSUE OF CAUSING HARM IN CASE OF PREMEDITATED MURDER, IN EXCESS OF THE NECESSARY MEASURES FOR THE DETENTION OF A PERSON WHO HAS COMMITTED A SOCIALLY DANGEROUS ACT

Abstract

The article analyzes the views on the issue of causing harm in case of premeditated murder, in excess of the necessary measures for the detention of a person who has committed a socially dangerous act. It is also substantiated that premeditated murder, in excess of the necessary measures of detention of a person who has committed a socially dangerous act, is considered a murder clearly disproportionate to the degree of public danger of the crime committed or the circumstances of his detention and the establishment of harm caused to the person is of great importance. In addition, the author analyzes that in the theory of criminal law, the opinions of the authors are different on the grounds for causing harm in order to prevent a socially dangerous act, that is, scientists believe that the commission of a socially dangerous act or crime by a person may serve as a basis for causing criminal-legal harm. Also, this article reflects that the question of what socially dangerous act was committed by the relevant employee (a person hired by the special service), to what extent the harm can be caused by this person while performing an operational task remains a problem, and this, in turn, requires clarification in the law of the grounds and conditions for the commission of a socially dangerous act or other measures of causing harm in the performance of an operational task.