THE ROLE OF EXTREME NECESSITY AS AN EXCULPATORY CIRCUMSTANCE IN THE CRIMINAL LAW OF SOME FOREIGN COUNTRIES

Abstract

The legal nature, peculiarity, and limit of extreme necessity as an exculpatory circumstance are studied in this article by analyzing the legislation of foreign countries and several proposals have been developed on the issue of improving national criminal legislation. Theoretical and practical conclusions were made based on studying the criminal legislation of more than 10 foreign countries. The norms of extreme necessity in the legislation of the Romano-Germanic and Anglo-Saxon legal systems are analyzed and their specificity is highlighted. The place of the norm of extreme necessity in the criminal codes of foreign countries, the requirements for it, the conditions of legality concerning risk, and the features of exemption from liability and punishment are discussed. Particular attention was paid to the objects protected by the application of the right of extreme necessity, and to the fact that the objects are treated differently in different countries. As a result of the analysis of foreign experience, proposals and recommendations have been developed for incorporating the achievements of the most advanced countries in the field of criminal law into national criminal law.