Оціночні поняття як інструмент забезпечення справедливості

The article examines the meaning and role of evaluative concepts in the general legal system, in particular their impact on ensuring justice in law enforcement. The author examines the nature of evaluative concepts and their place in the modern legal system. The article also examines international experience in the use of evaluative concepts, in particular in continental and common law countries. Thus, the author emphasizes that English legislation in certain cases proceeds from the evaluative concept of “reasonable person”, which has a key status in the English legal system. The status of “reasonable person” serves as an objective standard in the common law system, by which a person’s behavior is assessed in a specific context. This standard provides that a “reasonable person” must act with due care, in accordance with social norms and expectations of the result. In this legal system, the concept of “reasonable person” is interpreted precisely to determine how an objectively rational and responsible person would act in a similar situation. This approach allows for a balance between the individual characteristics of the subject and generally accepted standards of behavior. Thus, a person can be found guilty if he acted in a way that a “reasonable person” would not act in a similar situation. The “reasonable person” standard is used to limit possible subjectivism in the trial. Thus, the “reasonable person” in the English legal system is an effective practical tool that ensures equality and objectivity in the justice process. Thanks to this, the court is able to make a fair decision that simultaneously complies with generally accepted rules and takes into account the specifics of a particular situation. In addition, the paper analyzes the problems that arise in the process of applying evaluative concepts. In particular, it discusses the risks of subjectivity on the part of judges and law enforcement officers, as well as the need to develop clear interpretation criteria. The author makes recommendations for improving the mechanisms for using evaluative concepts in order to ensure legal certainty and avoid abuse.