Experience of Legislative Regulation of Extreme Necessity: Compfrftive Analysis.

Abstract

The article highlights the results of the analysis of modern foreign legislative regulation of extreme necessity in the system of circumstances that exclude criminality of the act, fundamental concepts and international practice of resolving the situations connected to clash of interests in protected social relations and evaluation of legal consequences of the situations of the same kind. Using the method of comparative analysis that is expressed in comparing particular features and qualities that are intrinsic to the researched institutions with its domestic specifics led to reaching of the following goal: holistic view was formed in researching of special features of the viewed legal phenomenon. The issues of domestic practice of building of the norm of the extreme necessity were analyzed and successfully applied. The mentioned imperfections of foreign regulatory acts in regulation of extreme necessity allows preventing ungrounded implementation of norms of foreign legislature. They also allows preventing building of wrong practice of legislative regulation of norms in the sphere implementation of the domestic criminal law policy to ensure the protection of individual and collective goods, the legitimate interests of society and the state. The author of the article comprehends the attitude to the creature, legal content and the purpose of the institute of extreme necessity. The author also distinguishes possible promising directions for the development of Chapter 8 of the Criminal Law of the Russian Federation.