The essence of legal components of economic risks
This research is one of the first attempts in the Ukrainian legal science in determining the essence and features of legal components of economic risks taking into account the latest achievements of science. It has been emphasized that theoretical basis for determining the concept of “risk” is widel...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Ukrainian |
| Published: |
Kharkiv National University of Internal Affairs
2018-11-01
|
| Series: | Bulletin of Kharkiv National University of Internal Affairs |
| Subjects: | |
| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/188 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1832573705907077120 |
|---|---|
| author | S. V. Yevdokimenko |
| author_facet | S. V. Yevdokimenko |
| author_sort | S. V. Yevdokimenko |
| collection | DOAJ |
| description | This research is one of the first attempts in the Ukrainian legal science in determining the essence and features of legal components of economic risks taking into account the latest achievements of science. It has been emphasized that theoretical basis for determining the concept of “risk” is widely researched in the scientific literature, but the problem of legal components of the economic risks has been insufficiently highlighted.
The concept of “legal components of economic risks” has been defined; factors that actualized the problem of risks in Ukraine have been considered; and the features of the classification of economic risks according to legal components have been established.
It has been noted that the negative consequences of economic risks are unforeseen losses. From the point of view of legal risks, such consequences should be defined as losses (according to the Civil Code of Ukraine) or as the amount of caused damages (according to the Criminal Code of Ukraine). Administrative liability is also established depending on the amount of caused damage for different types of activities.
According to the author, the essence of legal components of economic risks is to determine the criteria for the delimitation of lawful and unlawful economic risk, the possibility of using the levers of legal influence in this regard, namely the establishment of the basis for a person’s liability for damage caused by a risky act. Legal components contain possible options of overcoming the consequences of risk situations, establish the threshold for criminal liability and punishment for economic crimes, depending on the caused damage.
On the basis of the analysis of the current legislation of Ukraine and generalization of the main provisions of the works of scholars, the author has made theoretical synthesis and has found a new solution to the scientific problem – the definition of the essence and features of legal components of economic risks related to liability in accordance with the legislation of Ukraine in order to overcome the consequences of risk situations for different types of activities depending on the amount of caused damage. |
| format | Article |
| id | doaj-art-8b488dedfb7b4dcf89df4926c1cc0fd5 |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2018-11-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-8b488dedfb7b4dcf89df4926c1cc0fd52025-02-02T03:17:43ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2018-11-01823748210.32631/v.2018.3.07188The essence of legal components of economic risksS. V. Yevdokimenko0Kharkiv National University of Internal AffairsThis research is one of the first attempts in the Ukrainian legal science in determining the essence and features of legal components of economic risks taking into account the latest achievements of science. It has been emphasized that theoretical basis for determining the concept of “risk” is widely researched in the scientific literature, but the problem of legal components of the economic risks has been insufficiently highlighted. The concept of “legal components of economic risks” has been defined; factors that actualized the problem of risks in Ukraine have been considered; and the features of the classification of economic risks according to legal components have been established. It has been noted that the negative consequences of economic risks are unforeseen losses. From the point of view of legal risks, such consequences should be defined as losses (according to the Civil Code of Ukraine) or as the amount of caused damages (according to the Criminal Code of Ukraine). Administrative liability is also established depending on the amount of caused damage for different types of activities. According to the author, the essence of legal components of economic risks is to determine the criteria for the delimitation of lawful and unlawful economic risk, the possibility of using the levers of legal influence in this regard, namely the establishment of the basis for a person’s liability for damage caused by a risky act. Legal components contain possible options of overcoming the consequences of risk situations, establish the threshold for criminal liability and punishment for economic crimes, depending on the caused damage. On the basis of the analysis of the current legislation of Ukraine and generalization of the main provisions of the works of scholars, the author has made theoretical synthesis and has found a new solution to the scientific problem – the definition of the essence and features of legal components of economic risks related to liability in accordance with the legislation of Ukraine in order to overcome the consequences of risk situations for different types of activities depending on the amount of caused damage.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/188legal componentseconomic risklossessubstantial damageconsiderable damagelawful and unlawful risk. |
| spellingShingle | S. V. Yevdokimenko The essence of legal components of economic risks Bulletin of Kharkiv National University of Internal Affairs legal components economic risk losses substantial damage considerable damage lawful and unlawful risk. |
| title | The essence of legal components of economic risks |
| title_full | The essence of legal components of economic risks |
| title_fullStr | The essence of legal components of economic risks |
| title_full_unstemmed | The essence of legal components of economic risks |
| title_short | The essence of legal components of economic risks |
| title_sort | essence of legal components of economic risks |
| topic | legal components economic risk losses substantial damage considerable damage lawful and unlawful risk. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/188 |
| work_keys_str_mv | AT svyevdokimenko theessenceoflegalcomponentsofeconomicrisks AT svyevdokimenko essenceoflegalcomponentsofeconomicrisks |