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Some problematic aspects of the criminal legal norm on physical or mental coercion (Article 40 of the Criminal Code of the Rusian Federation)


Garbatovich Denis Aleksandrovich, associate professor of Criminal Law, Criminology and Criminal executive Law department, South Ural State University, associate professor of Criminal Law department of the Ural branch of the Russian Academy of Justice, Dean of the Faculty of Law of Chelyabinsk branch of the University of the Russian Academy of Education, Candidate of Science (Law). 454128, Chelyabinsk, Bratiev Kashirinikh St., 114, 102. E-mail:


Criminal legal doctrine





index UDC

343.13 + 343.92(470)

index LBC

Х410.207 + Х408.015


The article considers the conditions of physical or mental coercion, as a circumstance precluding criminality. The problem of the controversial search of an analyzed criminal law in Chapter 8 of the Criminal Code of the Russian Federation is reveled. A significant lack of standards for the physical or mental coercion, as the second part of Article 40 of the Criminal Code (mental or physical coercion) is estimated as a special case of extreme necessity, which makes the analyzed precluding criminality, not to be completely independent. The criteria for evaluating the effectiveness of the relevant criminal law are given.


circumstances precluding criminality, physical or mental coercion, the effectiveness of the criminal law.

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