The Emergence of the Institution of Extreme Necessity in the RF (Russian) Legislation
In this study, the milestones (stages) through which the norms regarding extreme necessity have emerged and developed in the legislation of Russia, specifically its criminal legislation, were considered. A historical and legal analysis was performed to shed light on the processes that have influence...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Russian |
| Published: |
Kazan Federal University
2024-01-01
|
| Series: | Učënye Zapiski Kazanskogo Universiteta: Seriâ Gumanitarnye Nauki |
| Subjects: | |
| Online Access: | https://uzakugu.elpub.ru/jour/article/view/53 |
| _version_ | 1797205285568249856 |
|---|---|
| author | V. A. Nikolaev |
| author_facet | V. A. Nikolaev |
| author_sort | V. A. Nikolaev |
| collection | DOAJ |
| description | In this study, the milestones (stages) through which the norms regarding extreme necessity have emerged and developed in the legislation of Russia, specifically its criminal legislation, were considered. A historical and legal analysis was performed to shed light on the processes that have influenced the establishment of the institution of extreme necessity in Russia. The evolution of the above norms was conditionally divided into different periods based on a number of criteria. The high relevance of extreme necessity and its justified position among the current norms of the Criminal Code of the Russian Federation were emphasized. The general terminology was elaborated as a conceptual apparatus. In line with the modern legal understanding and interpretation of criminal law canons, it was logically deduced that certain monuments of law from the studied periods are more progressive compared to others. When investigating the legal and legislative approach employed by “the legislator from the era under survey” in order to formulate provisions in legal acts, a distinctive aspect of placing norms according to different types of crime was highlighted. For the generalization and systematization of the legislative processes that occurred in Russia and influenced the emergence of extreme necessity, the development of this institution should be perceived within a historical retrospective and perspective of criminal law. Therefore, the views of a wide range of researchers were examined here. |
| first_indexed | 2024-03-08T11:55:19Z |
| format | Article |
| id | doaj.art-50315fe637314125aaa360d015b9ca9f |
| institution | Directory Open Access Journal |
| issn | 2541-7738 2500-2171 |
| language | Russian |
| last_indexed | 2024-04-24T08:48:42Z |
| publishDate | 2024-01-01 |
| publisher | Kazan Federal University |
| record_format | Article |
| series | Učënye Zapiski Kazanskogo Universiteta: Seriâ Gumanitarnye Nauki |
| spelling | doaj.art-50315fe637314125aaa360d015b9ca9f2024-04-16T12:54:21ZrusKazan Federal UniversityUčënye Zapiski Kazanskogo Universiteta: Seriâ Gumanitarnye Nauki2541-77382500-21712024-01-011656192710.26907/2541-7738.2023.6.19-2751The Emergence of the Institution of Extreme Necessity in the RF (Russian) LegislationV. A. Nikolaev0St. Petersburg University of the Russian Interior MinistryIn this study, the milestones (stages) through which the norms regarding extreme necessity have emerged and developed in the legislation of Russia, specifically its criminal legislation, were considered. A historical and legal analysis was performed to shed light on the processes that have influenced the establishment of the institution of extreme necessity in Russia. The evolution of the above norms was conditionally divided into different periods based on a number of criteria. The high relevance of extreme necessity and its justified position among the current norms of the Criminal Code of the Russian Federation were emphasized. The general terminology was elaborated as a conceptual apparatus. In line with the modern legal understanding and interpretation of criminal law canons, it was logically deduced that certain monuments of law from the studied periods are more progressive compared to others. When investigating the legal and legislative approach employed by “the legislator from the era under survey” in order to formulate provisions in legal acts, a distinctive aspect of placing norms according to different types of crime was highlighted. For the generalization and systematization of the legislative processes that occurred in Russia and influenced the emergence of extreme necessity, the development of this institution should be perceived within a historical retrospective and perspective of criminal law. Therefore, the views of a wide range of researchers were examined here.https://uzakugu.elpub.ru/jour/article/view/53rf (russian) legislationcriminal legislationextreme necessitycriminal lawlaw implementation and enforcementcriminal legislationlegal and legislative technique |
| spellingShingle | V. A. Nikolaev The Emergence of the Institution of Extreme Necessity in the RF (Russian) Legislation Učënye Zapiski Kazanskogo Universiteta: Seriâ Gumanitarnye Nauki rf (russian) legislation criminal legislation extreme necessity criminal law law implementation and enforcement criminal legislation legal and legislative technique |
| title | The Emergence of the Institution of Extreme Necessity in the RF (Russian) Legislation |
| title_full | The Emergence of the Institution of Extreme Necessity in the RF (Russian) Legislation |
| title_fullStr | The Emergence of the Institution of Extreme Necessity in the RF (Russian) Legislation |
| title_full_unstemmed | The Emergence of the Institution of Extreme Necessity in the RF (Russian) Legislation |
| title_short | The Emergence of the Institution of Extreme Necessity in the RF (Russian) Legislation |
| title_sort | emergence of the institution of extreme necessity in the rf russian legislation |
| topic | rf (russian) legislation criminal legislation extreme necessity criminal law law implementation and enforcement criminal legislation legal and legislative technique |
| url | https://uzakugu.elpub.ru/jour/article/view/53 |
| work_keys_str_mv | AT vanikolaev theemergenceoftheinstitutionofextremenecessityintherfrussianlegislation AT vanikolaev emergenceoftheinstitutionofextremenecessityintherfrussianlegislation |