GENERAL CHARACTERISTIC OF HELPLESSNESS CONDITION IN THE SCIENCE OF CRIMINAL LAW

Emergence of any estimative concept is closely connected with gaps in law including criminal law. As the first one, and the second one find a basis in the legislation for various reasons: as a result of discrepancy of speed of legislative equipment, speed of development of the public relations, omission of the legislator, intended inclusion in the text of the law inexact or estimative concepts or deprivation one or another relation of the regulating rule. Estimative concepts in the text of a regulatory legal act are both: the reason, and a consequence of a gap in law. In the first case the gap arises due to the lack of a possibility of uniform interpretation, and in the second ? uniform law enforcement.