Risk as a Mental Element of Civil Liability of Police Officers in Ukraine

Abstract

Risk is one of the least studied concepts in legal science. For example, in criminal law, risk is investigated within the institution of circumstances that exclude criminality of an act (Section VIII of the Criminal Code of Ukraine) 1. Thus, the actions of a person, who caused harm to legitimate interests in the conditions of a justified risk in order to achieve socially useful purpose, are recognized as lawful, and the person who caused harm under such conditions is not held criminally liable. The problem for jurisprudence lies not in the mere fact of the existence of risky situations, but in the determination of criteria for the distinction between lawful and unlawful risk. In the theory of criminal law, within which the issue of risk was given special consideration, the following types of justifiable risk are defined: industrial, economic, professional, medical or technical, medical, pedagogical, sports, creative, administrative, risk in law enforcement, scientific experiment, etc. It appears from the foregoing that the problem of the risk cannot be solved within the criminal or any other area of law. It is complex, intersectoral problem. The scientists summarize the factors that have actualized the problem of risk in Ukraine: 1) the rapid development of social and political relations in Ukraine encouraged the emergence of new relations in society; 2) the development of international relations at all levels is characterized by instability and danger both for the sovereignty of the State directly and for the world as a whole; 3) the role of Ukraine in certain international processes is of an exceptional nature, arising from its geographical position, natural, human, economic potential, etc. It is obvious that risk covers all aspects of human life. This category is related to production, creativity, recreation, sports, scientific and technological progress, etc. Risk is an integral part of many professional activities, particularly of law enforcement activities. Initiative, innovations are not possible without risk. The term "initiative" has two meanings: 1) the first step in any case, an act; 2) the ability to come up with new ideas, suggestions; ability to start any business independently; persistence, energy,