Наука Красноярья (Dec 2015)

DETERMINATION OF THE TIME LIMITS OF ELIGIBILITY IN A STATE OF EXTREME NECESSITY

  • Vyacheslav Victorovich Naumov,
  • Elena Vladimirovna Fomenko,
  • Aleksandra Mikhailovna Stankevich

DOI
https://doi.org/10.12731/2070-7568-2015-5-28-35
Journal volume & issue
Vol. 0, no. 5
pp. 28 – 35

Abstract

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Up to now the limits of eligibility of extreme necessity were not the subject of independent research.The problems of definition of the time limits of p eligibility are considered in this article based on the scientific and monographic literature analysis. Relevance of the considered matter is defined by the fact that the correct establishment of time limits of eligibility of act is of great importance in the law enforcement activity in order to establish the non-delinquency of act in state of extreme necessity. The purpose of this research is the analysis of definition of time limits of extreme necessity eligibility and drawing proposals on this basis for improvement of legislative regulations and existing laws enforcement efficiency with regards to extreme necessity. Research methods: dialectic, formal-logical, system. The author empha-sizes the eligibility limits of admissible harm and the temporary limits. When determining the time limits the author emphasizes the following criteria: the value of danger, intensity of actions, and also identifies an "initial" and "final" moments in the defense of legally protected interests. The improvement of the existing legisla-tion was proposed based on the carried-out analysis.

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