Bondarchuk V. Criminal legal description of the act committed in circumstances of reasonable occupational risk.

Thesis is an independent completed scientific work, one of the first in Ukrainian law science complex researches of the reasonable occupational risk as a circumstance, excluding criminality. We consider reasonable professional risk as an essential element in the system of circumstances precluding criminality. The study allowed to conclude that the separation of the act relating to risk within the Institute of circumstances precluding criminality primarily determined by the applicable actions to achieve a significant public benefit purpose. This feature compensates for damage caused to the protected interests, despite the fact that the harmful effects are real and desired results may not be achieved. Based on a detailed analysis of the conditions of reasonable risk justified the ways of interpretation of each of these conditions, and especially the use of these ways to determine the nature of certain types of such risk. It is proved that the person acts, which is found in the business risk in the absence of other types of occupational risk can not be assessed on the basis of Art. 42 of the Criminal Code because it is not endowed with one of the key conditions for the legality of acts related to risk - the availability of significant public benefit purpose. The necessity of changing the conditions to recognize the risk justified to legitimize medical risks that pose a threat to human life.