Comparative analysis of the practice of applying evaluative features in the criminal law of Russia and armenia

Free access

The purpose of the work is a comparative analysis of the practice of using evaluative features in the criminal law of Russia and Armenia. The research methodology includes the use of documentary and sociological methods. The positions of the Constitutional Courts of Russia and Armenia regarding the admissibility of evaluative criteria were analyzed, materials of cassation practice were examined, as well as the results of an expert survey of 142 prosecutors (95 of them from the Prosecutor General's Office of the Russian Federation, 47 from the Prosecutor General's Office of the Republic of Armenia). Research results: the main areas of interpretative difficulties and retraining risks in the process of applying criminal law norms with evaluative concepts are identified; key trends and contradictions in practice related to the use of evaluative categories in the law are identified; it is substantiated that evaluative features perform a stabilizing function in the criminal law system and serve as a balancing mechanism between the principle of legal certainty and the need for adaptability.

criminal law \ evaluative features \ legal certainty \ reclassification of crimes \ judicial practice \ interpretation of legal norms \ Russia \ armenia \ flexibility of criminal law

Short address: https://sciup.org/14136994

IDS: 14136994   |   UDC: 343.214   |   DOI: 10.24412/2220-2404-2025-10-2