The Emergence of the Institution of Extreme Necessity in the RF (Russian) Legislation

Abstract

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.