Using of Uncertain Notions in Criminal Legislation

The graduate qualification work is devoted to the theoretical and practical consideration of evaluation concepts in Russian criminal law. The structure of the work, in addition to the introduction, conclusion, and list of literature, is presented in three chapters. The first chapter deals with the general content of evaluation concepts in the Criminal Code of the Russian Federation and criminal law of the Federal Republic of Germany, which was the most influential in its development at the time. A small analysis of the total number of evaluation notions contained in the codes of Russia and Germany is also carried out, the general trend for the two countries to increase the evaluation notions contained in the law is emphasized. The second chapter analyses evaluative notions from the point of view of their theoretical definition and interpretation in practice by the enforcer. The main problems of their use leading to law enforcement errors are identified and the errors are analyzed. The third chapter offers various options to prevent law enforcement errors. Mainly, they include the specification of criteria for defining evaluation concepts, as well as the formation of professional legal consciousness of persons applying evaluation concepts in practice. In conclusion, the author formulates the main conclusions of the study.