Legal certainty and evaluative categories. A brief essay on the example of offenses
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The law of any country in the world operates with a huge amount of evaluative categories. Russian law is no exception. Normative legal acts are dotted with evaluative categories of various kinds - from the long -known ones ("conscientiousness", "abuse of law") to, to put it mildly, raising questions ("obvious disrespect for society", "social group")
How allowed us to such a technique? How far can the legislator go in the use of evaluative categories? And how does all this correlate with the principle of legal certainty?
This issue is devoted to this issue. Its first chapter discusses the essence, characteristic features, content and basic elements of the principle of legal certainty, while special attention is paid to the requirement of the quality of the law. In the second chapter of the study, the author reveals the essence, signs, types and functions of appraisal categories in law, offers a multi-stage test for the permissibility of their use in legal acts and, finally, applies the developed criteria for specific evaluative categories (for example, the compositions of the offenses of tax, administrative and dilapeter, and criminal law)
The book is intended for lawyers and all those who are interested in the problems of the theory of law, lawmaking, legal technology, administrative-dilapetous, tax, criminal and civil law
How allowed us to such a technique? How far can the legislator go in the use of evaluative categories? And how does all this correlate with the principle of legal certainty?
This issue is devoted to this issue. Its first chapter discusses the essence, characteristic features, content and basic elements of the principle of legal certainty, while special attention is paid to the requirement of the quality of the law. In the second chapter of the study, the author reveals the essence, signs, types and functions of appraisal categories in law, offers a multi-stage test for the permissibility of their use in legal acts and, finally, applies the developed criteria for specific evaluative categories (for example, the compositions of the offenses of tax, administrative and dilapeter, and criminal law)
The book is intended for lawyers and all those who are interested in the problems of the theory of law, lawmaking, legal technology, administrative-dilapetous, tax, criminal and civil law
Author:
Author:Bershitsky Eduard Evgenievich
Cover:
Cover:Hard
Category:
- Category:History & Geography
- Category:Law & Legal
- Category:Politics & Social Science
- Category:Reference books
ISBN:
ISBN:978-5-8354-1753-7
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