Risk-Oriented Approach to Resolving Legal Controversies

Resumo

The study focuses on the specific features of the justice dealing with the results of measuring the characteristics of safety and quality of production, works, or services. It is shown that the error (uncertainty) that appears in such situations is a measure of data scatter and a source of legal uncertainty, which causes a risk of judicial errors. The level of such risk increases with increasing demands of economy to the standardization of the ever-decreasing values of characteristics evaluated with higher uncertainty. The study shows that a necessary condition for the rule of law in such cases is the risk-oriented approach to resolving arbitration cases.