Keyword: «evaluative concepts»
Author:
Rodion Doljikov
Rodion Doljikov
The article presents the results of a comparative legal study of the criminal legis-lation of the CIS countries and neighboring countries (Belarus, Armenia, Abkha-zia, Kazakhstan, Uzbekistan, Turkmenistan, Mongolia) in order to study the cur-rent state of such a technique of legal technique as the use of evaluative concepts in criminal legislation. According to the results of the research, individual features of the development of evaluative concepts, their content and methods of consoli-dation in the criminal legislation of these countries have been identified.
Author:
Dmitrii Novikov
Dmitrii Novikov
This work is dedicated to the study of problems associated with the use of evaluative concepts in criminal law when qualifying crimes against the person. The relevance of the topic is due to the dual nature of evaluative categories: on the one hand, they ensure the flexibility and completeness of legal regulation, allowing for the individual circumstances of each crime to be taken into account; on the other hand, they create difficulties in law enforcement practice due to the risk of ambiguous interpretation and the expansion of the boundaries of judicial discretion.
Keywords:
criminal law, judicial discretion, law enforcement practice, evaluative concepts, qualification of crimes, interpretation of law, evaluative features, crimes against the person, specification of legal norms, judicial precedent, plenum of the supreme court of the russian federation, problems of qualification, incitement to suicide, bodily harm, helpless state