Methodology for the Legislative Application of Evaluative Categories in Criminal Law

Gulaiym Nursaliyeva, Kulbagila Baikenzhina, Dina Kalmaganbetova, Gulnara U. BALGIMBEKOVA, Nurgul Seitzhanova, Larissa Kussainova

2023

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DOI 10.55908/sdgs.v11i5.725
Data confidence 70 medium
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Abstract

Objective: The study of evaluation categories by establishing the limits and degree of the evaluation category and their regulation in the legislation. Theoretical framework: Theoretical materials were based on international scientific publications, reports, scientific papers. And also for a more complete and objective presentation of the problem under study, practical materials of criminal cases were used. Method: constitutes a dialectical method of cognition of general patterns and particular manifestations of the essence of the phenomena of objective reality. The comparative legal method made it possible to qualitatively study foreign criminal legislation in terms of regulation of evaluative categories and formulate a conclusion in relation to domestic practice of regulation and application. The system-structural method of cognition was used in the study of methods for regulating evaluative categories in criminal law and methods for their interpretation, as well as specific sociological and statistical methods. Results and conclusion: The methodology of regulation of evaluation categories in the criminal legislation of Kazakhstan is reduced to fixing the concepts of evaluation categories in the main ways. The first is a norm that explains the basic concepts used in the legislation. The second is the regulation of the concept of a specific evaluation category in the disposition of the Special Part of the Criminal Code of the Republic of Kazakhstan, when this evaluation category is applied once. Originality/value: The phenomenon of evaluative categories in law is explained by the functions of law and the properties of evaluative categories used in law. At the same time, the main function of law is to consolidate a certain model of relations or behavior of individuals. And the more precisely this model is fixed in the rule of law, the more likely it is to be rigorously and uniformly interpreted and applied. Evaluation categories, on the other hand, imply an assessment in each specific case of the circumstances affecting the application of this norm, i.e. such rules may be applied in different ways. These diametrically opposed vectors form the value of the presented research.