Risk as a civil law category: doctrinal approaches and legislative positions

The scientific research is devoted to the law characterization of risk. Risk as a law category has a rather contradictory assessment in matters of subjects activities of civil law, including in situations of bringing them to civil law liability. We present doctrinal opinions regarding the risk concept, as well as the provisions of Russian civil law containing regulatory prescriptions regarding risky activities. We point out that the risk theory correlates with the general scientific theory of probability, and illustrative examples are given that prove such a connection between them. The purpose of the study: to conduct a doctrinal and legal analysis of risk as a civil category, as well as to formulate the author’s definition of the concept under study. The methodological basis of the work is based on such methods as: comparison method, complex analysis method, as well as a number of special scientific cognition methods: historical, comparative legal, formal legal. The author’s formulation of risk concept, including a number of identifying features, is proposed. We indicate that risk is a category of subjective-objective property. We conclude that the fact of the existence of the so-called increased responsibility is presumed by the nature of such activity, which is expressed in an increased risk of its implementation, and which this person is aware of, accepted, and because of its objectivity in the activities of a person cannot be completely excluded.