Ehrlich’s Norms for Solving from the Point of View of the Notary: to the Question of Terminology

Abstract

The article (from the point of view of the notary) analyses the question of the proper translation of the Ehrlich term "Entscheidungsnormen" in Ukrainian, English, and Russian. The number of possible translations is divided into two groups: those that retain the degree of uncertainty of the German word, and those with a higher degree of certainty that the German word, and simultaneously transmit the meaning that E. Ehrlich invested in it. The first group includes such variants as: "norms of a decision" or "norms of decisions" (Marchuk, Antonov), "norms-decisions" (Truten, Begun, Dorosh), "norms of judgment" (Truten) or "decisive norms" or "decision norms" (hypothetically), and the second – "norms for decision" and "norms for resolution". The arguments in the article mostly linguistic (the possibility of taking the basis of the translation by Marchuk, the value of the preposition "for" in Ukrainian, the tradition of translating into English, etc.) are allowed in the article to select such a translation option as "rules for resolution". The translation of "Entscheidungsnormen" as "rules for resolution" allows us: to specify the function that these rules fulfil; to demonstrate the genesis of such norms; to outline the range of those to whom the word relates. And finally to emphasize the difference between the norm and the law, etc. Standards for resolution are not only rules that are relevant to the judge, but also rules that interact with the activities, in particular, notaries. The article outlines the possibilities of methodological problematization of such a phrase-term. That is his potential, which may have significance for modern, first of all, Ukrainian, jurisprudence, as well as legal practice.