THE VALIDITY OF CONSENT TO HARM AS A CIRCUMSTANCE PRECLUDING THE CRIMINALITY OF THE ACT

One of the most controversial issues of Russian criminal law and, in particular, the theory of circumstances precluding criminality of an act is the problem of consent to harm. Researchers consider the concept of consent, its signs, analyze the need to include consent to harm in the list of circumstances specified in Chapter 9 of the Criminal Code of the Russian Federation, consider the conditions under which harm caused with the consent of a person will be lawful, study the social and legal grounds for recognizing harm caused with the consent of a person as lawful. At the same time, the criminal law literature does not pay due attention to the mechanism of the legal function of consent to harm as a circumstance precluding the criminality of an act, its place in the dynamics of criminal legal relations. Within the framework of this article, the author, analyzing classical and modern approaches to the problems of criminal legal relations and, in particular, legal facts in criminal law, characterizes consent to harm as a legal act that generates permissive criminal legal relations, the content of which includes, among other things, the right of a person to cause legitimate harm to the subject of consent. Considering the concept of conditions of legality of consent proposed in the literature, the author comes to the conclusion that the property characterizing consent to harm as a legal fact is its validity. At the same time, the author notes that the validity of consent is determined by means of a set (system) of objective and subjective conditions; objective conditions should be understood as those that have an external expression, and subjective ones – those that reflect the internal attitude of the person giving consent to the behavioral act committed by them.

ircumstances precluding criminality of the act, consent to harm, criminal legal relations, legal fact, lawful harm, permissive legal relations, validity of consent to harm, objective conditions of validity, subjective conditions of validity

Zaborsky M. Y. The validity of consent to harm as a circumstance precluding the criminality of the act. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;1(66):203—208. DOI: 10.25683/VOLBI.2024.66.927.