Keyword: «interpretation of law»
Author:
Sergei Pilnikov
Sergei Pilnikov
The author investigates the causes and consequences of ambiguous, sometimes diametrically opposed, position of criminal procedural doctrine on the interpretation of meaning, put by the legislator in the possibility of removal during verification of the report of crime documents and objects, as well as a set of procedural means, permissible for its realization. The article formulates an author’s vision of eliminating the unlimited scope of interpretation established in a practice-oriented sphere by using the exception of search and seizure functions in the mechanism at the stage of initiation of criminal proceedings, not requiring judicial authorization.
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