Yakimets T. Extreme Necessity in the Ukrainian Criminal Law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U002655

Applicant for

Specialization

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

26-05-2008

Specialized Academic Board

Д. 26.001.05

Essay

This Dissertation is devoted to an integrated study of problems related to in the Ukrainian criminal law. We examine the concept of extreme necessity, its legal and social nature, historical evolution of its reflection in criminal law, and modern level of its regulation in the criminal law of Ukraine and - as a comparison - in other countries' legislation. We also study features of legislative consolidation of this circumstance, its correlation with some other circumstances precluding maleficence of an act. The paper shows act, committed in a sate of extreme necessity, lawfulness conditions, and considers concept of exceeding limits of extreme necessity, of imaginary extreme necessity, analyse problems of responsibility for causing harm in the state of extreme necessity because of intense emotional excitement. On the basis of the extreme necessity various aspects studies we substantiate certain suggestions for current criminal legislation development.

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