The Concept of “Consent” in Russian Legal Doctrine and Legal Practice

Introduction: the constant changes in all areas of life in the Russian Federation make the issue of consent incredibly relevant. This is due to the complex interplay of objective and subjective factors. The state is actively reforming social relations and restructuring the interaction between society and the government. This process is accompanied by significant changes in legislation. A vast number of regulations governing various aspects of life, from the interaction between citizens to the relationship between individuals and the state, touch on the issue of obtaining consent to some extent. Almost every fundamental branch of Russian law (civil, family, criminal, administrative, international, constitutional, and many others) is based on the concept of consent. However, despite the widespread presence of this concept in the legal system, there is still no in-depth theoretical analysis of consent. This creates certain challenges in law enforcement and lawmaking. Given that issues related to consent, despite their practical prevalence in all areas of law, have not received adequate theoretical research, and given the significance of the “consent” phenomenon in regulating a wide range of social relations, the author aims to define the concept of consent. The goal is also to identify the relationship between consent and related concepts, the most common of which are consensus and agreement. Methods: the methodological framework of this study is based on a combination of scientific methods, including a systematic approach, analysis, and comparative legal method. Results: the paper presents various approaches to the definition of consent, consensus, and agreement, identifies key approaches to the relationship between these concepts, and differentiates them based on legal analysis. Conclusions: the paper provides an author’s definition of the concept of “consent.”