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A concept and a legal nature of risk
The research is based on dialectical, logical and formal-legal methods of scientific cognition, which help solve the research tasks.
The author formulates the original definition of danged and risk and relations between them. Any undesired change has reasonable ground. It includes the reason of the change and the range of circumstances forming the reason and determining its existence. The possibility of appearance of all the prerequisites, necessary and sufficient enough for the formation and existence of such a reason, is called “danger”. And the possibility of undesired change of the state of a subject, caused by danger, is called “risk”. A chance – an opposite of risk – is a possibility of desired change of the state of a subject. The author reveals the legal nature of risk through the subjective duty, and of chance – through legal permissibility, which takes a form of a legal interest or a subjective right (authority). The results of this study can be used both in scientific and practical activity.
Keywords: Chance, Legal nature of risk, legal regulation of risks, subject of risk, Object of risk, Risk, danger, Legal nature of chance, responsibility, Legal permissibility
Article was received: 30-07-2016
Review date: 01-08-2016
Publish date: 14-09-2017
This article written in Russian. You can find full text of article in Russian here.