THEORETICAL AND PRACTICAL ASPECTS OF THE LAST NECESSITY

This article analyzes the theoretical and practical aspects of last necessity its characteristics. In cases necessity, if danger can be prevented by other means or stated damage exceeds damage, such to rights interests protected law is considered a deviation from limit specific features. Also, in article, author considers following committed case necessity: first, social relations due necessity; second, applied only during time when has begun not ended, that it possible apply measure yet ended; third, was eliminate through any used should danger; fourth, caused less than source fifth, whether establish signs within framework law, is, deviate limits with ideas opinions researchers.