Signs and features of law which cause the necessity of interpretation
In general theory of law basic approaches to interpreting norms have been developed, but they require more attention to be paid and their improvement, especially at the current stage of development of our society in the conditions of constant updating of normative material. That is why the reasons for interpretation, including the specificities of the various spheres of law and legislation, have become the object of research in this paper.
The author mentions the opinions of legal scholars outlined for the reasons that necessitate the interpretation of legal requirements. While agreeing with the statements and conclusions given, it is advisable to analyze these reasons in more detail and to supplement them.
The paper concludes that the reasons for the need for interpretation can be divided into two groups:
- objective – can not be resolved and can not be interpreted as the fault of the legislator (clarification of the will of the legislator, which can be changed over time, clarification of any form of language that has some autonomy from thought, abstract nature of the norms of law, clarification special terms, etc.);
- subjective – the result of faults by legislators, which, in due regard, could have been eliminated while the creation of a legal act (poor edition of the text of the normative act, lack of special knowledge of the author of the normative act, the presence of conflicts between normative acts which are regulating the same issue, inappropriate usage of the rules of law-making technique, etc.).
Attention is also paid to the fact that the subject of interpretation of law while doing it must take into account the peculiarities of the regime of legal regulation, the main grounds, principles and approaches to the statement of the rules of one or another field of law, etc. These problems are being solved with the help of different types of interpretation of legal norms.
According to the conducted research, the reasons for the need to interpret legal norms are connected not only with miscalculations made by the legislator in the formulations of the texts of laws, their failure, inaccuracy, discrepancy, etc. Therefore, improving the legislation, eliminating law-making errors does not cause the loss of the role of law interpretation in the process of its implementation. Moreover, the better the current legislation is, the more thoughtful the interpretation of its requirements should be. After all, perfect law always has a very high degree of abstractness of the rules of conduct enshrined in it, which makes relevant further scientific research in this field.
Aleksandrova L.N., 2007. Interpretation of legal norms and its impact on judicial practice [Tolkovanie yuridicheskikh norm i ego vliyanie na sudebnuyu praktiku]. Izvestiâ Rossijskogo gosudarstvennogo pedagogičeskogo universiteta im. A.I. Gercena – Izvestia: Herzen University Journal of Humanities & Sciences, No. 15, pp. 20-24.
Samilo H.O., 2017. Problems of interpretation of legal norms [Problemy tlumachennia pravovykh norm]. Zaporizhzhia: ZNTU.
Loskutov T.O., 2015. Regarding the types of legal regulation in criminal proceedings [Shchodo typiv pravovoho rehuliuvannia u kryminalnomu protsesi]. Naukovij vìsnik Užgorodsʹkogo nacìonalʹnogo unìversitetu. Serìâ Pravo – Uzhhorod National University Herald. Series: Law, Iss. 30, Vol. 2, pp. 137-140.
Spasybo-Fatieieva I., 2005. Doctrinal Interpretation [Doktrynalne tlumachennia]. Vìsnik Akademìï pravovih nauk Ukraïni – Journal of the Academy of Legal Sciences of Ukraine, No. 1, pp. 14-25.
Yevmina I.L., 2014. Invalidity of contracts under civil and commercial law: principles of law enforcement [Nediisnist dohovoriv za tsyvilnym ta hospodarskym zakonodavstvom: zasady pravozastosuvannia]. Vìsnik Odesʹkogo nacìonalʹnogo unìversitetu. Pravoznavstvo – Odesa National University Herald. Jurisprudence, Vol. 19, Iss. 2, pp. 70-79.
Alekseev S.S., 1987. General theory of law [Obshchaya teoriya prava]: in 2 vols. Vol. 2. Moscow.
Akhmatov A.S., 1957. Logical forms and their expression in language. Thinking and language [Logicheskie formy i ikh vyrazhenie v yazyke. Myshlenie i yazyk]. Moscow.
Copyright (c) 2019 V. K. Antoshkina
This work is licensed under a Creative Commons Attribution 4.0 International License.