MIL OSI Translation. Region: Russian Federation –
On March 17, at a meeting of the State Duma in the first reading, a draft federal law “On emergency services and the status of rescuers” was adopted, which enshrines the concepts of “justified risk” and “urgent need”, and also resolves issues of labor protection during emergency rescue operations.
It is proposed to understand the justified risk as “lawful necessary and sufficient actions or inaction in a situation requiring an immediate response of the rescuer, aimed at saving the life and health of people in the conditions of emergency rescue operations, when there is reason to believe that such rescue is possible, and implemented with a threat for the life and health of rescuers and (or) other persons “. The concept of “extreme necessity” is also fixed as a state in which “an action that harms legally protected interests is committed in order to eliminate a danger that directly threatens the individual and the rights of the rescuer or other person, the legally protected interests of society or the state, if this danger could not be eliminated by other means and at the same time it was not allowed to exceed the limits of extreme necessity. “
In both cases, the bill does not exclude liability for actions, and even more so the untimely actions of rescuers. At the same time, making unreasonable decisions for the sake of fulfilling the assigned tasks at any cost is not considered legitimate.
The bill establishes that rescuers, as well as heads of emergency response, emergency rescue services and groups should not be brought to disciplinary or civil liability for causing material damage, harm to the health of people being rescued and rescuers or their death “due to lawful necessary and sufficient actions or inaction “in conditions of justified risk and (or) in a state of extreme necessity.
EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.