Lisova N. The absolute necessity as circumstance, that eliminates criminality of act

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U001388

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

21-03-2007

Specialized Academic Board

Д26.236.02

Essay

At dissertation historical development of adjusting of criminal responsibility is explored for the harm caused in a state of absolute necessity. It’s defined the basic criminal legal aspects of absolute necessity concept. Legal nature of absolute necessity is analyzed as circumstance, that eliminates criminality of act. The special attention is spared to the criteria of correlation and delimitation of absolute necessity with such circumstances which eliminate criminality of act, as physical or psychic compulsion; the implementation of order or command; the act related to the risk; special job processing from preventing or disclosing of criminal activity of the organized group or criminal organization. It is confirmed, that an absolute necessity is the circumstance, which occupies in the system of circumstances which eliminate criminality of act, the central (special) place among those, both realization of equitable right, and legal duty performance, is fixed in basis of which.

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