To the problem of ambiguity of terms (for example the adjective special)

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The article is devoted to the problem of ambiguity of the concept of «special cruelty». Evaluation categories in the criminal law have always been, are and will be in the future, without them in the formation of criminal law legislator can not do. An urgent need for the current criminal code is the interpretation of the concept of «special cruelty», belonging to the number of those categories that are most difficult to precise legal definition and cause the greatest difficulty in establishing its criminal law features. The enumeration in the law of various forms of cruelty does not ensure the correct qualification of the offense. The main reason is that the criminal law points not just to cruelty, but to a special cruelty, i.e. it speaks about more manifestation of negative qualities than those that are referred to the concept of«cruelty» in dictionaries. «Special cruelty» - the concept of evaluation, and therefore interpreted by many scientists in different ways. In the reference literature we find the following explanation: «special cruel» - «not like the others, not like everything; unusual, special; separate; having a special purpose».

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Value concept, special cruelty, criminal code of the russian federation, adjectives

Короткий адрес: https://sciup.org/148317690

IDR: 148317690

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