REASONABLE RISK: ALGORITHM OF QUALIFICATION

Abstract

The article proposes a sequence of actions to address the key problems of establishing
the conformity between the signs of a committed action and the signs of the composition
of an action with a reasonable risk. In addition to qualifying crimes, other criminal
and right acts to which, for example, the acts committed under crime-excluding circumstances
belong, are also subject to the criminal-legal evaluation. The concept of qualifying
a lawful infliction of harm in a reasonable risk is considered. The qualification of an offence
in the reasonable risk circumstances means the establishment of conformity between
the signs of a committed action and the signs of the composition of an action (lawful
infliction of harm), committed under the circumstances of a reasonable risk. Only the
presence of all elements of lawful infliction of harm excludes the criminal character of
the committed offence. When establishing the conformity between the signs of a committed
action and the signs of a lawful infliction of harm under the circumstances of a reasonable
risk, law enforcement officials often make e. In order to minimize mistakes in
the law enforcement activities at qualifying the actions committed under crime-excluding
circumstances, the article proposes the algorithm of qualification of lawful infliction of
harm with a reasonable risk. The algorithm of the qualification of a reasonable risk is
proposed to be understood as a sequence of actions to establish the correspondence between
the signs of an in fact committed offense and the signs of the composition of an
action committed under the circumstances of a reasonable risk.