The problem of reasonable risk in law enforcement officers' work

Introduction. The paper dwells on the law enforcement officers' actions related to risk and their legal consequences. The authors investigate foreign norms concerning the reasonable risk in the aspect under study. The objective of the research is to develop the mechanism of legal assessment of the risk-related actions in law enforcement and form unambiguous legislative provisions in regard to using physical force, special means and weapon by law enforcement officers during public order maintenance. Materials and methods. The research employed both domestic and foreign criminal law basis containing the norms of risk in law enforcement and provisions of the science of criminal law. Methods of analysis and synthesis, generalization, induction and deduction, analogy and comparative legal method were used. Results and Discussion. The analysis of both domestic and foreign normative acts as well as the scientific materials enabled the authors to suggest legislative additions into criminal law and the acts which regulate the procedure and conditions of using physical force, special means and weapon. The focus is made on the legislative consolidation of risk and its consequences while on duty. Under examination are the scientific suggestions on risk while on official duty. The result of the study is specific suggestions on legislative consolidation of the principles (limits) of risk activities and establishment of liability for unreasonable risk while on official duty in certain cases. Conclusions. Having studied the problem of risk in law enforcement officers' work the authors produced their own version of consolidating the provisions on official duty related to risk in criminal law. To make an objective estimate of using physical force, special means and weapon, which caused harm, the researchers set forth the principles which must serve as the grounds for the mentioned actions of law enforcement officers.