Open AccessMechanisms and Technologies of Distribution of Risks of Participants in Civil Legal Relations
Author(s) -
Natalya Viktorovna Lutovinova,
Mikhail Mikhailovich Turkin,
Anna Leonidovna Shilovskaya,
Renata Romanovna Lenkovskaya
Publication year - 2019
Publication title -
international journal of recent technology and engineering
Language(s) - English
Resource type - Journals
ISSN - 2277-3878
DOI - 10.35940/ijrte.c6161.098319
Subject(s) - legislature , civil law (civil law) , legal risk , political science , work (physics) , distribution (mathematics) , law , order (exchange) , private law , criminal law , subject (documents) , law and economics , business , comparative law , public law , sociology , computer science , engineering , mathematics , mechanical engineering , mathematical analysis , finance , library science
The article considers the distribution of risks among participants in civil relations. In order to do this, the authors analyze the basic concepts of "risk" of both domestic and foreign scientists. As a result, the work substantiates the legal nature of risk, as well as the lack of a regulatory framework, which creates problems of legal regulation of the distribution of risks among participants in civil relations. It is established that risk studies are presented in the general theory of state and law, civil, criminal law and other branches of Russian legal science, covering mainly very specific issues arising from the subject matter of the relevant branches of law. The methods of risk management at the level of both existing legal structures and newly emerging ones are considered. Finally, the authors conclude that there is no legal definition of risk, which results in a lack of uniform application of rules that directly or indirectly include the category of risk. Since risk is an integral part of the developed civil turnover and any private law relations, it is necessary to provide a legislative framework for this legal category.