TO THE ISSUE OF CLASSIFYING SOME EVALUATIVE CONCEPTS IN RUSSIAN CRIMINAL LAW

The authors use some categories of crime to examine the issue of evaluative concepts' inclusion in criminal legislation from the standpoint of interaction between criminal law doctrine and law enforcement practice. They draw attention to collisions in branches of legislation of the Russian Federation that impede due classification of an action. Sometimes, the ambiguity of criminal law norms and the absence of effective procedural mechanisms do not allow to implement it in law enforcement practice, which practically eliminates the effect from including in law a vast number of prohibitions aimed at the due classification of evaluative concepts. The authors use specific court decisions and generalized positions of the highest court to formulate established rules of classifying evaluative dimensions of crimes in the systemic interpretation of law norms. They also present the optimal algorithm of a court's decision-making which combines both consecutive and priority order of considering those circumstances that determine crime classification. Data from the authors' research is used to analyze the limits of influence that the personality of the judge examining the case has on the classification of evaluative concepts. They argue for a more rigid legislative regulation of choosing the corresponding Article of the Special Part when giving the subjective and objective evaluation of a person's criminal behavior with the aim of crime prevention. Within the framework of crime prevention, a unified terminology allows to determine its boundaries as an independent object of criminological research and, correspondingly, as an object of preventive influence. The authors conclude that the corresponding norm should include in its disposition the character of crime and, thus, it is necessary to use common systemic criteria for all corpus delicti that have evaluative dimensions. They also determine some systemic aspects of the court's deliberation in the classification of crimes. The authors conclude that it is necessary to reconsider a number of positions to implement them in the criminal law doctrine and present ways and directions for implementing contemporary criminal law policy that takes into consideration the post-modern ideology of the new society.