Some problems of concretization of evaluative concepts in criminal law in BRICS countries

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The author believes that the subject of discussion of the BRICS countries may be the issues of specifying the evaluative features of the criminal law. Despite the fact that the participating States belong to different legal families and discuss "common" issues (for example, cross-border crime), the criminal legislation of these countries assumes the assessment and gradation of criminal consequences, which, if resources are available, creates a prerequisite for the exchange of experience and problem solving. The author shows the similarities and peculiarities of the systems of Russia and China using the example of the criminal law construction "grave consequences", highlights the general problem of "competition" of evaluative concepts (aggravating circumstances-grave-especially grave consequences as signs of a crime in China, consequences in the form of "significant violation ..." and "grave consequences" in Russia). The common features in the criminal law of China and Brazil have been identified (the latter has a gradation: grave – especially grave bodily injuries). Attention is paid to the assessment of criminal consequences in India, the UAE and South Africa. The author concludes that a dialogue is possible on the formulation and clarification of criminal law norms (especially in terms of evaluative concepts), the development of criteria for assessing criminal consequences.

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Evaluation feature, grave consequences, criminal law, BRICS countries, construction of elements of crime

Короткий адрес: https://sciup.org/170209353

IDR: 170209353   |   DOI: 10.24412/2500-1000-2025-5-2-135-139

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