Terminological Pluralism Evaluation Concepts

Abstract

The article emphasizes that in legal science there is no single approach to the terminology of evaluative concepts. It is highlighted that the uncertainty of terminology creates difficulties in using the concept in scientific activities and in their practical application. The thesis that the variant "evaluative" concept does not correspond to the rules of Ukrainian language formation and is a tracing paper from the Russian-language analogue was further considered. It is emphasized that the term "evaluative" concept is more acceptable for use. It has been found that there is a pluralism of definitions of the valuation concept. It is noted that scientists provide various definitions of evaluative concepts. It is emphasized that in the definition of evaluative concepts attention is paid to certain specific features of the legal phenomenon. It is highlighted that the evaluative concept is the expression in the rule of law of phenomena that have an abstract character, have indefinite features, become concretized as a result of the application of law, the purpose of which is to provide the authorized entity, based on its legal culture, personification have the meaning enshrined in the rule of law. It is considered that views on the properties of evaluative concepts in the legal literature also differ. It is emphasized that understanding the features of evaluative concepts is important for scientific understanding and practical use of this phenomenon. Scientists have been shown to focus on the objective or subjective properties of evaluative concepts. It is shown that the signs of evaluative concepts as a legal phenomenon are 1) are abstract in nature; 2) vagueness of signs; 3) specification in the process of law enforcement; 4) the content of the legal culture of the person authorized to apply the legal norm; 5) the content is actually determined by the subject of law enforcement; 6) individualization of facts that have a meaning based on the rule of law.