Abstract

The article presents a comparative characteristic of the circumstance fixed in Article 41 of the Criminal Code of the Russian Federation, excluding the criminality of the act: “reasonable risk”, and the circumstance existing in the theory of criminal law, excluding the criminality of the act: “causing harm in the exercise of professional functions”. The specifics of their interaction in the conditions of military service are also considered. The conclusion is made about the close relationship of these circumstances, which can be characterized as intersecting Euler circles.

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