Definitions of Criminal Assessments, Their Content and Legal Basis in Russian Criminal Science

Author Name(s): Ildar A. Tarkhanov, Ramil R. Gayfutdinov
Author Email: gayfutdinov.r@yandex.ru

Abstract

The paper discusses various doctrinal definitions of the criminal assessment of a crime and their correspondence to the actual content of this type of law enforcement activity. Any approach to the characterization of the concept under consideration has a rational kernel. More preferred is a comprehensive assessment of the criminal law phenomenon under consideration. The authors give their own definition for criminal assessments; they identify four logical-legal operations of different nature, which constitute its content. Based on the analysis of criminal law and procedural sources, they formulate modern approaches to the definition of the algorithm of law enforcement operations. The problem of the legal basis for assessing crimes is also critically analyzed. Keywords Law Enforcement Activity, Criminal Law Assessment of an Offense, Criminal Assessment, Stages, Content, Legal Basis

Introduction

The problematics of the study of the theoretical foundations for criminal assessment upon the legal assessment of an offense are of interest not only for representatives of national science, but is also actively discussed in the pages of foreign journals [1]. We meet such discussions about various problems of assessing crimes when studying foreign literature [2]. At the same time, there are no clear positions about it concerning the issues of its definition, content and fundamentals [3].

Conclusion

Many of the problems we are discussing are debatable and sometimes pressing enough in the scientific world, which requires further joint discussions. Therefore, it is not by chance that, starting from the 60s of the last century, the first works of the monographic level on the subject under study begin to appear, and the scientific discussion does not end to this day

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