PSEUDO-BLANKET TERMS IN THE RUSSIAN CRIMINAL LAW AND THEIR IMPACT ON JUDICIAL PRACTICE
The relevance of the research presented in this publication is generally due to the significant influence of the language form of the Russian criminal law on its application, which requires a scientifically sound approach to the selection of lexical units when formulating criminal law prescrip...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Bashkir State University
2025-06-01
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| Series: | Правовое государство: теория и практика |
| Subjects: | |
| Online Access: | https://pravgos.ru/index.php/journal/article/view/1128 |
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| Summary: | The relevance of the research presented
in this publication is generally due to the significant
influence of the language form of the Russian
criminal law on its application, which requires
a scientifically sound approach to the selection
of lexical units when formulating criminal law
prescriptions to ensure their accuracy and clarity.
Out of a large array of existing problems in this
area, we have chosen one, which has not been
covered in the scientific literature before, this is
the problem of including pseudo-blanket terms in
the blanket prescriptions of the Russian criminal
law, which creates the impression that the content
of a criminal law prescription is dependent on
normative legal prescriptions of other sectoral
affiliation, while in fact there is no such dependence.
The purpose of the publication is to determine the
phenomenology of pseudo-blanket terms in the
Russian criminal law and to identify their impact
on judicial practice. In the process of research,
general scientific (induction, deduction, analysis,
synthesis, system-structural) and traditional for
jurisprudence specific scientific (formal-legal,
sociological, historical-legal, comparative-legal)
methods of cognition, as well as methods of stylistic,
lexical and contextual analysis of the text used in
linguistics are applied. As a result of the conducted
research, the article formulates the definition of the
concept “pseudo-blanket term”, characterizes the
linguistic-legal nature of pseudo-blanket terms of
the criminal law, identifies their types, establishes
the reasons for their occurrence. The article reveals
the negative impact of their presence in the Russian
criminal law, on the one hand, on the accuracy
and clarity of blanket criminal law prescriptions,
and on the other hand, on the emerging judicial
practice, manifested in the fact that the law
enforcer is forced to use pseudo-blanket terms in his decisions, since they can be stated only in the
verbal form that is accepted in the criminal law;
as a result, phenomena appear in law enforcement
acts that do not exist in legal reality. The article
offers the author’s recommendations aimed at
removing pseudo-blanket terms from the text of
the Russian criminal law and preventing their
use in the future. |
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| ISSN: | 2500-0217 |