Article 32. Necessary defence

1. Necessary defence shall be recognized as lawful protection of personality and rights of defender and other persons, as well as the interests of society and the state protected by the Law, from socially assault, as well as by infliction of harm to an attacker.

All the persons shall have a right to the necessary defence in equal measure independent from their professional or special training and official position. This right shall subject to the person independent from possibility to avoid socially-dangerous infringement or request assistance of other persons or the state bodies.

2. Infliction of harm to the attacker in self-defense, in other words upon protection of identity, dwelling, property, land plot and other rights of defender or other persons, the interests of society or the state, protected by the Law from socially-dangerous infringement by infliction of harm to the attacker, if by this the use of excessive force in self-defense was not allowed shall not be a criminal infraction.

3. Use of excessive force in self-defense shall be recognized as obvious inconsistence of protection to the nature and extend of social danger of infringement, in a result of which obviously excessive harm, not occurred by circumstance is caused to the attacker. Such excess shall involve a criminal responsibility only in the cases of intentional infliction of harm.

Infliction of harm to a person who encroaches on a person’s life, or when repelling another encroachment associated with an armed assault or violence dangerous to the life of the defending or other persons, or with a direct threat of such violence, or with a forcible entry into a dwelling, premises or with arson of a dwelling, premises, and also if the defending person, due to the suddenness of the encroachment, could not objectively assess the degree and nature of the danger of the assault, shall not be deemed as exceeding the limits of necessary defense.

Section II. A Crime

Article 32. Necessary Self Defence

1. The causation of damage to an assaulting person in one's own defence shall not be considered a crime, that implies cases of the protection of a person, housing, property, land plot, and other rights of a defending person and of other persons, as well as the interests of the society or the state protected by law, from publicly dangerous assault, by way of the causation of damage to an assaulting person, if the limits of necessary defence were not exceeded.

2. All persons in equal measure shall have the right to necessary self-defence, regardless of their professional or other special training, or official position. This right shall belong to a person regardless of whether it is possible to avoid a publicly dangerous assault, or to appeal for help to other persons or state bodies.

3. An obvious discrepancy between measures taken in self-defence and the character and degree of public danger of an assault, as a result of which a given attacker was caused obviously excessive damage, which was not justified by a given situation, shall be recognised as an excess of the limits of necessary self-defence. Such excess shall entail criminal liability only in cases of deliberate causation of harm.

Causation of harm to a person who attempts to kill a person, or when deterring another encroachment associated with the use or an attempt to use arms, shall not be recognised as excess of the limits of necessary defence.