CRIMINAL LEGAL ASPECTS OF THE EVALUATION OF THE ACTION COMMITTED IN A STATE OF EXTREME NECESSITY
Аннотация
This article examines the features of an act committed in a state of extreme necessity and the criminal legal aspects of its assessment. It is mentioned in the article that at present, in the field of domestic criminal law, there have been no in-depth scientific studies on the assessment of acts committed in a state of emergency, and comparative legal analysis is used in the article. The issues of legal assessment of this act have been identified by analyzing the composition of exceeding the limits of extreme necessity. Attention was also paid to various aspects of the general subject and the special subject. The question of how to assess the extreme necessity in the case of willful and reckless guilt was discussed. It has been proven that exceeding the limits of extreme necessity and failed extreme necessity is a different concept. Having studied the opinions of legal scholars, the theoretical conclusions have been made. The circumstances of taking the legal assessment of an act committed as a result of an error of fact into account are indicated. In support of the views expressed in the article, in the legislation of foreign countries, such as Germany, Switzerland, San Marino, Spain, Poland, Japan, Belarus, were analyzed and theoretical and practical proposals and recommendations for improving the relevant norms of the criminal code of the Republic of Uzbekistan have been developed.
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