Anchukova M. Acquitted risk as circumstance which excludes criminal nature of act

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U004632

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

16-11-2004

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The Thesis centers on the description of acquitted risk as one of the circumstances which exclude criminal nature of act. The history of criminal legislation about acquitted risk is analyzed briefly. The notion of acquitted risk is determined as circumstance which excludes criminal nature of act. Types of acquitted risk are singled out depending on nature of danger threatening the object of criminal legal protection and on the base of nature of man activities in which the most probable formation of risky situation is. The author determines the place of acquitted risk in system of circumstances which exclude criminal nature of act among those in the base of which realization of subjective law by a person takes place. Structure of acquitted risk is examined in unity and interconnection of two elements: basis and composition of risky act. It has been proved that harm, which is inflicted by risky act, must correspond to certain limits. Difference of acquitted risk from extreme necessity has been determined

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