Abstract

The research subject is international and foreign legislation in which a person’s consent to or request for infringement of their rights and legal interests indicates their acquiescence to their unreliable property management. The author uses dialectical, logical, historical-legal, formal-legal, and comparative-legal research methods which helped to detect various fields of social relations in which the legislation regulating a person’s consent to damage is used, thus hampering the unification of the legal understanding of this facultative phenomenon. The consideration of a person’s consent to damage as a manifestation of private interest in international law and the legislation of particular countries will allow adopting the best practices for the purpose of integrating this phenomenon into the Russian legal realia. The examination of international and foreign legislation regulating a person’s consent to damage to rights or legal interests demonstrates the need for the implementation of this phenomenon in Russia’s legal sphere, which would be a basis for a comprehensive assessment of the situation of the infringement of rights upon a person’s consent or request. The author studies international and foreign legislation to consider the evolution of social relations in which a person can implement his or her right and manage his or her property, and the regulation of the forms of exercising a personal interest consisting in the consent to damage to life and health. The scientific novelty of the research consists in the comprehensive consideration of international and foreign legislative experience in exercising personal right to be subject to damage, which determines the necessity to introduce such a legal phenomenon into the Russian legal realia based on the criteria of social benefit. The author’s contribution to the development of the topic is the suggestion to introduce a person’s consent to damage into the Russian criminal law. 

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