Some problems of application of evaluative concepts in constructing criminal enforcement rules

The present article examines anumber of issues arising out of the application of evaluative concepts in constructing criminal enforcementrules.Content analysis of the Penal Code of the Russian Federation leads the author to theconclusion that a legislator today concentrates more on professional legal awareness rather thananordinary one, and this is wrong, as law is created not only for a law enforcer himself. Both the contentof some vague, ambiguous and evaluative concepts and the "shadow meaning" of a number of terms inthe criminal-executive legislation is under consideration in the present article. The difference betweenevaluative and blanket concepts is shown. It is concluded that under the frame of the criminalexecutivelaw regulations, a legislator should minimize the number of evaluative concepts or applythose concepts, the value of which will be revealed through legal interpretation. As for "vague" terms -theoretically, the legislator must exclude them entirely.

Keywords

Authors

References