CAUSING HARM IN A STATE OF EMERGENCY: ALGORITHM QUALIFICATION

Abstract

In addition to the qualification of crimes, criminal-legal evaluation are also subject
to other criminal and right acts to which, for example, applies to acts committed under
circumstances that exclude them from crime. In the present paper, the concept of qualification
of lawful infliction of harm in extreme necessity. The characterization of an act
under circumstances of extreme necessity, means the establishment of conformity between
signs of perfect action and signs of structure of the act (lawful harm), committed
in a state of emergency. Only the presence of all signs of structure the lawful infliction
of harm excludes the crime committed penal acts. Establishing a correspondence between
the signs of the committed acts and the signs of structure the lawful infliction of
harm in extreme necessity, authority often make mistakes. In order to minimize errors in
enforcement activities when qualifying the acts committed in the circumstances precluding
criminality, the article proposes the algorithm of qualification of lawful infliction of
harm in extreme necessity. Under the algorithm of the qualification of absolute necessity
in the work is proposed to understand the sequence of action on the establishment of
correspondences between the signs in fact the offense and evidence of acts committed in
a state of emergency.