The evaluation concepts – a necessary means of achieving the constitutional idea of legal certainty or a factor leading to its violation?

S. S. Burtseva
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Abstract

The subject of the research is the study of evaluative concepts included by the legislator in legal norms in order to ensure dynamic legal regulation of social relations. The problem of using evaluative concepts is of scientific interest, since the unreasonable inclusion of such concepts in the content of a legal norm can lead to a violation of the constitutional idea of legal certainty, and their interpretation and practical application to specific situations largely depends on the level of legal awareness of the law enforcer.The author aims to analyze approaches to understanding the category of “evaluative concepts”, identifies signs that characterize this category, its role in the legal regulation of social relations.The methodology of scientific research is represented by a complex of private scientific, formal legal, systemic and structural methods.The main results. The author establishes the features of the inclusion of evaluative concepts in the legal norms based on the analysis of the practice of the Russian Constitutional Court, provides interesting cases considered in the framework of the constitutional proceedings. In particular, the author provides examples of the inconsistency between established judicial practice and the practice of the Russian Constitutional Court, and also establishes the need to apply evaluative concepts in both private and public law.Conclusions. The inclusion of evaluative concepts in legal norms is relevant for many areas of law, which is due to the need to ensure the flexibility and dynamism of legal regulation. However, the possibility of their application should not be unlimited, since this may lead to a violation of the fundamental principles of law, including the principle of legal certainty.
评估概念--是实现法律确定性这一宪法理念的必要手段,还是导致违反这一理念的因素?
本研究的主题是对立法者为确保对社会关系进行动态法律调节而在法律规范中纳入的评价性概念进行研究。使用评价性概念的问题具有科学意义,因为不合理地将此类概念纳入法律规范的内容会导致违反法律确定性的宪法理念,而且对这些概念的解释和在具体情况下的实际应用在很大程度上取决于执法者的法律意识水平。作者旨在分析理解 "评价性概念 "类别的方法,确定该类别的特征标志及其在社会关系法律调节中的作用。作者在分析俄罗斯宪法法院实践的基础上,确定了将评价性概念纳入法律规范的特点,并提供了在宪法诉讼框架内审议的有趣案例。作者特别举例说明了既定司法实践与俄罗斯宪法法院实践之间的不一致性,并确定了在私法和公法中应用评价性概念的必要性。将评价性概念纳入法律规范与许多法律领域相关,这是因为需要确保法律规范的灵活性和动态性。然而,其应用的可能性不应是无限的,因为这可能会导致违反法律的基本原则,包括法律确定性原则。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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