INTERPRETATION OF EVALUATION CATEGORIES IN LAW ENFORCEMENT PRACTICE

Abstract

Even in the most perfect legislation it is impossible to take into account all the diversity of social relations that require clear legal regulation. Horizontal relations of subjects of civil law are mostly regulated by dispositive norms, providing subjects with wide opportunities in choosing options of behavior. This is reflected in the content and functioning of norms containing evaluative constructions. The purpose of the work is to consider the issues of interpretation of evaluative categories in law enforcement activities, in particular civil law disputes. The research methodology includes the analysis of normative and law enforcement acts with evaluative categories. The interdisciplinary approach allowed us to study moral and legal evaluative categories from the positions of theoretical and branch jurisprudence. As a result of the study the essence of evaluative categories and the peculiarities of their application in law enforcement practice were determined. The concepts of good faith, reasonableness, fairness are capable of regulating different life situations, to predicting the development of social relations, and implementing subnormative legal regulation. In conclusion, it is noted that one of the tasks of the law enforcement agency is the interpretation of evaluative categories, since within the framework of the law the law enforcer has the power to interpret them independently. In this regard, there is a need for a high level of legal awareness, moral and legal culture of the subject applying the law.