EXTREME NECESSITY IN THE CONDITIONS OF EMERGENCY RESCUE OPERATIONS

Abstract

The article provides a comparative analysis of the institute of «extreme necessity» in the field of criminal, administrative, civil law and the Federal Law «On Emergency Rescue Services and the Status of Rescuers». Based on the analysis there are revealed differences in the interpretation of the concept of «extreme necessity» in the above-mentioned normative legal acts. The concepts of «failed emergency» and «exceeding the limits of extreme necessity» are considered. The problems of responsibility in case of provocation of extreme necessity and in the investigation of cases involving the use of extreme necessity in the conditions of emergency rescue operations are formulated and options for their solutions are proposed.

Keywords

• extreme necessity
• infliction of harm
• compensation for harm
• emergency rescue operations
• failed extreme necessity
• exceeding the extreme necessity limits