Features of Development of the Extreme Necessity Institution in Criminal Law of Russia

Abstract

The article considers the process of formation and development of the extreme necessity institution in the system of domestic legislation. The author analyzes the conditions determining the introduction of circumstances that exclude the criminality of an act into the structure of Russian criminal law, and studies the paradigms of extreme necessity modernization, scientific views on its legal nature, their influence on the isolation of circumstances that exclude the criminality of an act in the mechanism of regulating public relations. The article summarizes the theoretical judgments about the nature of the extreme necessity institution, the legally significant properties and features specific to extreme necessity in different historical periods, as well as its inherent conceptual and terminological apparatus. The author systematizes the grounds for limiting extreme necessity from related institutions of criminal law, which justifies its place in the system of circumstances that exclude the criminality of an act, and investigates the mechanism of legal regulation of extreme necessity conditions legality, as well as the consequences of its limits violation. The article presents unified rules for the assessment and ratio of the harm caused in the state of extremity. The problems of legal regulation of extreme necessity at the present stage of its development are identified, and ways to eliminate some shortcomings are proposed. In conclusion the author actualizes the need to create a mechanism for assessing the extreme necessity acts legality, and identifies other promising areas of research activity in the field of extreme necessity legal regulation.