Стан Наукового Дослідження Оціночних Понять У Цивільному Праві

Abstract

In the period from the beginning of the 20s and up to the middle of the 20 th century the interest of lawyers was focused on the formation of an axiological concept of law. Evaluative concepts turned out to be a convenient tool of legal technique, which made it possible to soften the strict formalism of the legal norm and to introduce socio-value components into the mechanism of legal regulation. The term evaluative concept was first used by the scientist S. Vilnianskyi; later it became an independent theoretical and legal category and the subject matter of further scientific development. Therefore, the purpose of our article is to analyze the state of scientific research of evaluative concepts in civil law. It was established that thanks to philosophical science, which used the category of "evaluation" (measure) and penetrated the XX century in almost all social sciences, the term «evaluative» has become established in the legal and «rubber» concept, having a certain commonality with foreign analogues, received the name of evaluative. Subsequently, the topic of evaluative concepts was increasingly explored by Soviet scientists. The analysis of the cited works and scientific conclusions allows us to say that the legal application of the evaluative concept and its interpretation does not exclusively depend on the legal, socio-political system and ideology of the State. However, it should be noted that the State through the legislature, should determine admissibility of using evaluative concepts within general principles of law. Some modern works devoted to evaluative concepts were considered, in particular, by M.