Administrative and legal aspects of management risks in the economic sphere / Aspectos administrativos e jurídicos da gestão de riscos na esfera econômica

• Autor(a) principal: Gurinovich, Alexander G.
• Data de Publicação: 2020
• Outros Autores: Lapina, Marina A., Lapin, Andrey V.
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Quaestio Iuris (Online)
• Texto Completo: https://www.e-publicacoes.uerj.br/quaestioiuris/article/view/55749
• topic: risk theories; legal risks; public administration; risk-oriented public administration; administrative law

The article deals with the definition of risk, risk origin theory, and methodological approaches to the concept of legal risk, as well as studies the completeness and quality of legislative statement of the risk-oriented approach to economy management in the Russian legislation. Risk management develops in two directions. The first direction includes measures on mitigating and preventing risks at the level of corporations. The main actors of the process are risk managers. The second direction is related to the development of public law risk management. This process is initiated by public authorities engaged in enacting standards and recommendations aimed at mitigating and preventing risks in public administration. The authors concluded that the two directions are mostly independent from each other and justified the need for synchronizing the public and private principles of risk management in order to improve its efficiency. Methodologically, the paper is based on the current advances in the theory of knowledge. The general philosophical analysis, methodology of systemic analysis, expert analysis, event-based analysis, conventional legal methods (the methods of formal and comparative logical analysis), as well as structural analysis and simulation were used within the framework of the research.