Современные возможности крайней необходимости

Introduction: the study is devoted to extreme necessity, as a circumstance precluding the criminality of an act, in the criminal law of Russia. To date, neither theory nor practice has developed an unambiguous approach to the issues of emergency qualification. At the same time, the development of society offers new opportunities for the active application of this provision of the Criminal code of Russia, and contributing to the civic activity of citizens and their positive socially useful behavior. The paper deals with the application of the rule of extreme necessity, as well as the possibility of its legislative improvement. Materials and Methods: the normative legal base of the study was the criminal code of the Russian Federation, Federal law № 35-FZ of 06.03.2006 "On countering terrorism", and Federal law № 144-FZ of 12.08.1995 "On operational search activities". The empirical base is judicial practice and officially published judicial statistics. The research and conclusions are based on the dialectical method, General scientific, historical, system-legal, formal-logical, and sociological methods. Results: the possibilities of applying the norms of extreme necessity in the qualification of acts related to causing harm to public relations protected by criminal law were studied and demonstrated. The necessity of expanding the scope of extreme necessity in the realities of countering (localizing) the dangers facing society at the present stage of its development and the need for a clear legal mechanism for applying article 39 of the Criminal code of the Russian Federation is stated. Discussions and Conclusions: the study demonstrates issues that require further discussion related to the qualification of extreme necessity. Illustrating examples of judicial and investigative practice allowed us to approach the problem of resolving situations in which two law-enforcement interests collide from a different angle. The necessity of further improvement of the norms of the General and Special parts of the Criminal code of the Russian Federation in the framework of modernization of the institution of extreme necessity and responsibility for exceeding its limits is indicated. Relevant recommendations were formulated.