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Reasonable risk and the exercise of professional functions as circumstances precluding the criminality of an act: characteristics of similarities and differences, features of interaction
- Authors: Talaev I.V.1
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Affiliations:
- Russian State University of Justice
- Issue: No 7 (2023)
- Pages: 57-71
- Section: Criminal law studies
- Submitted: 25.01.2026
- Accepted: 25.01.2026
- Published: 07.07.2023
- URL: https://journals.rcsi.science/2072-909X/article/view/375634
- DOI: https://doi.org/10.37399/issn2072-909X.2023.7.57-71
- ID: 375634
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Abstract
The article presents a comparative characteristic of the circumstance fixed in Article 41 of the Criminal Code of the Russian Federation, excluding the criminality of the act: “reasonable risk”, and the circumstance existing in the theory of criminal law, excluding the criminality of the act: “causing harm in the exercise of professional functions”. The specifics of their interaction in the conditions of military service are also considered. The conclusion is made about the close relationship of these circumstances, which can be characterized as intersecting Euler circles.
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About the authors
Ilya V. Talaev
Russian State University of Justice
Author for correspondence.
Email: talaeviv@mail.ru
ORCID iD: 0000-0003-1970-8079
Candidate of Science (Law), Deputy Head of the Department, Associate Professor of the Department
Russian Federation, MoscowReferences
- Talaev, I. V. The exercise of professional functions as a circumstance excluding the criminality of an act. Biblioteka ugolovnogo prava i kriminologii = Library of Criminal Law and Criminology. 2013;(2):73-78. (In Russ.)
- Aryamov, A. A. Lawful infliction of harm. Monograph. Chelyabinsk: Publishing House of Tatiana Lurie; 2004. 340 p. (In Russ.)
- Devyatko, A. Yu. Execution of an order or an order to a serviceman as a circumstance precluding the criminality of an act. Cand. Sci. (Law) Dissertation. Moscow; 2004. 184 p. (In Russ.)
- Zakharova, S. S. Reasonable risk in the criminal law of the Russian Federation. Cand. Sci. (Law) Dissertation. Ryazan; 2005. 237 p. (In Russ.)
- Dmitrenko, A. P. Institute of circumstances precluding criminality of an act in the criminal law of Russia: fundamentals of theory, legislative regulation and law enforcement. Abstract of Dr. Sci. (Law) Dissertation. Moscow; 2010. 50 p. (In Russ.)
- Talaev, I. V. Permissible risk as a circumstance excluding criminality of an act. Biblioteka ugolovnogo prava i kriminologii = Library of Criminal Law and Criminology. 2017;(3):98-107. (In Russ.)
- Talaev, I. V. On the form of guilt in violation of the conditions of legality of a reasonable (permissible) risk. In: A. V. Brilliantov, ed. Actual problems of the theory and practice of the application of criminal law. Materials of the IX International Scientific and Practical Conference. Moscow: Yurlitinform; 2022. Рp. 147–151. (In Russ.)
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