Doctrinal Approaches to the Systemization of Risks in Civil Law
This article is devoted to the analysis of doctrinal approaches to risk sys-tematization. The purpose of systematization is, firstly, at the scientific level, to comprehensively explore the category of risk – its characteristics, peculiarities of elemental composition, the specifics of manifestation in different groups of civil legal relations, etc. Secondly, the purpose of systematization is to create condi-tions for improving approaches to risk management, which (management) can be carried out on two levels – imperative (through the adoption by the state of the relevant normative acts) and dispositive (through the conclusion of transactions by participants in civil relations) in order to minimize or distribute negative con-sequences of risks.
It is concluded that risk classifications can combine risks in specific groups and carry out a legal description of the appropriate risk. The need for systemati-zation of risks is due to the fact that timely detection and proper identification of risk are prerequisites for effective risk exposure in order to avoid or minimize its negative consequences.
However, the above examples of risk classification do not claim to be ex-haustive and do not cover all criteria and possibilities for classification. Risk sys-tematization can be deepened by the allocation of specific criteria for the classifi-cation of specific risks, considering their characteristics.
2. Krasavchikov, O.A. (1966). Compensation for harm caused by a source of increased danger. Moscow: Jurid. lit.
3. Zarosilo, V.O., Bezubov, D.O., Dudnik, O.V., Timashova, V.M. (2012). Legal Risk and Legal Security. Kyiv: Ukrainian State University of Finance and In-ternational Trade.
4. Volosenco, I.V. (2011). Risk in civil law (concept, nature, types): K.
5. Udalova, N.M. (2013). Features of risks in legal activity. Politics, state and law. № 10. [E-Reader Version]. Retrieved from http://politika.snauka.ru/ 2013/10/1005.
6. Novikov, V.V. (2015). Theoretical and Legal Aspects of Risks in the Law. Scientific Herald of the International Humanitarian University. Series: Jurispru-dence. No 13. Volume 1.
7. Martirosyan, A.G. (2016). Theory of risk in civil law of the Russian Fed-eration. Moscow: Prospekt. [E-Reader Version]. Retrieved from https://books.google.com.ua/books?id=ry7TCgAAQBAJ&pg=PT15&lpg=PT15&dq=%D1%8F.%D0%BC.+%D0%BC%D0%B0%D0%B3%D0%B0%D0%B7%D0%B8%D0%BD%D0%B5%D1%80+%D1%80%D0%B8%D1%81%D0%BA&sour-ce=bl&ots=cy7dQoqGVE&sig=RfTz5GDhp1O0FHuMJfIweuR1MlQ&hl=uk&sa=X&ved=0ahUKEwjJrMvt09PUAhWoNJoKHctgApQQ6AEIITAA#v=onepage&q=%D1%8F.%D0%BC.%20%D0%BC%D0%B0%D0%B3%D0%B0%D0%B7%D0%B8%D0%BD%D0%B5%D1%80%20%D1%80%D0%B8%D1%81%D0%BA&f=false.
8. Tanaev, V.M. (2000). The concept of «risk» in the Civil Code of the Rus-sian Federation. Moscow: Statute.
9. Shahbazyan, A.A. (2011). The concept and significance of legal risks in civil law and ways to minimize them. Russian legal journal. No. 5. [E-Reader Ver-sion]. Retrieved from http://w.pc-forums.ru/b4887.html.