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 f...
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| Format: | Article |
| Language: | English |
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Kharkiv National University of Internal Affairs
2019-09-01
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| Series: | Law and Safety |
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| Online Access: | http://pb.univd.edu.ua/index.php/PB/article/view/281 |
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| author | V. K. Antoshkina |
| author_facet | V. K. Antoshkina |
| author_sort | V. K. Antoshkina |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-f71dbd527cbf4ec6b4d06048858edbf6 |
| institution | Kabale University |
| issn | 1727-1584 2617-2933 |
| language | English |
| publishDate | 2019-09-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Law and Safety |
| spelling | doaj-art-f71dbd527cbf4ec6b4d06048858edbf62025-02-02T23:35:32ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332019-09-01743647110.32631/pb.2019.3.09281Signs and features of law which cause the necessity of interpretationV. K. Antoshkina0Berdyansk University of management and businessIn 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.http://pb.univd.edu.ua/index.php/PB/article/view/281features of interpretationobjective reasons for interpretationsubjective reasons for interpretationevaluative concepts in lawsectoral features of interpretation |
| spellingShingle | V. K. Antoshkina Signs and features of law which cause the necessity of interpretation Law and Safety features of interpretation objective reasons for interpretation subjective reasons for interpretation evaluative concepts in law sectoral features of interpretation |
| title | Signs and features of law which cause the necessity of interpretation |
| title_full | Signs and features of law which cause the necessity of interpretation |
| title_fullStr | Signs and features of law which cause the necessity of interpretation |
| title_full_unstemmed | Signs and features of law which cause the necessity of interpretation |
| title_short | Signs and features of law which cause the necessity of interpretation |
| title_sort | signs and features of law which cause the necessity of interpretation |
| topic | features of interpretation objective reasons for interpretation subjective reasons for interpretation evaluative concepts in law sectoral features of interpretation |
| url | http://pb.univd.edu.ua/index.php/PB/article/view/281 |
| work_keys_str_mv | AT vkantoshkina signsandfeaturesoflawwhichcausethenecessityofinterpretation |