The Issue of the Compatibility of Intent and Negligence in Torts of Danger


The relationship between intent / negligence and torts of danger is analyzed in the present article. As it is known, due to their special nature, torts of danger play a significant role in criminal code. Their special feature firstly comes from its role, implementation of which was the reason for its introduction to criminal legislation. In particular, the value of the objects to be protected by the torts of danger and an unconditional provision of their safe existence by the state should be highlighted. The structure of their objective part is characterized by some specificity consequent from the legal goodness to be protected by them. In particular, different from the classical torts, their disposition is expressed by taking action that is dangerous for goodness (specific torts of danger) defended by the Criminal code or by committing an action, which is intrinsically connected to creation of danger (abstract torts of danger).

That is why it is important to discuss the issue of the compatibility of intent and negligence in the context of the types of torts of danger. It is necessary to find out to what extent the elements of intent and negligence are fully represented in specific and abstract torts of danger. In this regard, it is interesting which form of intent or negligence can be revealed in specific forms of torts of danger.


Peril, Consciousness, Irresponsibility

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