Concept, signs and application practice the concept of assessed in civil law

Abstract

The article is devoted to the consideration of modern trends in the development of evaluative concepts in the legal system of Ukraine, focused on the implementation of positive foreign experience in the legal regulation of social relations.

An overview of the established standards, principles and functions, the meaning of individual elements of the mechanism of legal regulation, one of the elements of which is the use of evaluative in legislation terms, which leads to a strengthening of the discretionary role of law enforcement officers, which may include both private entities and state bodies, in particular judicial ones. It is emphasized that starting from the general characteristics of the legal phenomenon defined as an evaluative concept, it should be noted the absence of a clear term and the absence of a fixed

definition in the current legislation of Ukraine. Instead, representatives of the general theory of law and branch legal sciences expressed their opinions regarding the characteristics of this phenomenon. It is summarized that materiality is of key im-portance, since it is necessary to take into account not only the increase in the final value compared to the initial assessment of the object, but also to establish compliance with the units of trends in the general increase in the price of a specific property, inflationary processes, qualitative changes in the characteristics of the object itself, and those circumstances when the initial assessment or the object itself becomes insignificant in the final value of the object of ownership or in the final object. It is emphasized that despite a significant number of scientific works in legal science, which consider the features and functions of evaluative concepts, determine the conditions of their application and give the characteristics of specific examples, there is currently no systematic scientific development of them, especially in the field of civil studies. There is a need to study evaluative concepts as a means of implementing the principles of discretion in order to provide participants in civil legal relations with more opportunities for free discretion and legal implementation. The theory of subjects of assessment activity, the limits of assessment by different subjects, the rules of interpretation of assessment concepts in private law, especially in civil law, remain insufficiently researched. Evaluative concepts are terms whose meaning remains unspecified in legislation due to their particularity; however, their concretization takes place during law enforcement, taking into account specific life circumstances, the regulation of which is aimed at the corresponding norms containing evaluative concepts. In terminology, the selection of terms containing uncertainties and ambiguity is an indicator of the imperfection of any terminological system, in particular the legislative one. At the current stage of the development of civil law and relevant civil-law relations, the emphasis is on expanding the discretion of the parties in the context of strengthening the principles of discretion.