Mechanisms and Technologies of Distribution of Risks of Participants in Civil Legal Relations
Natalya Viktorovna Lutovinova1, Mikhail Mikhailovich Turkin2, Anna Leonidovna Shilovskaya3, Renata Romanovna Lenkovskaya4
1Natalya Viktorovna Lutovinova, Russian State Social University (RSSU), Moscow, Russian Federation.
2Mikhail Mikhailovich Turkin, Russian State Social University (RSSU), Moscow, Russian Federation.
3Anna Leonidovna Shilovskaya, Russian State Social University (RSSU), Moscow, Russian Federation.
4Renata Romanovna Lenkovskaya, Russian State Social University (RSSU), Moscow, Russian Federation.
Manuscript received on 11 August 2019. | Revised Manuscript received on 17 August 2019. | Manuscript published on 30 September 2019. | PP: 7584-7587 | Volume-8 Issue-3 September 2019 | Retrieval Number: C6161098319/2019©BEIESP | DOI: 10.35940/ijrte.C6161.098319
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: 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.
Keywords: Risk, Insurance, Civil Liability, Losses.
Scope of the Article: Link Technologies