THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE最新文献

{"title":"Human rights and the public interest: in search of balance","authors":"","doi":"10.33663/2524-017x-2021-12-30","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-30","url":null,"abstract":"Modern processes of globalization in some way shake the established notions of human rights, and therefore their interpretation and content may be limited or expanded contrary to the regulations of the highest legal force. This creates conflict not only in the legal field, but also in society as a whole.\u0000\u0000It is emphasized that the most effective and less conflicting will be the norm, the content of which fully reflects both public and individual interest, the norm, in the process of interpretation and implementation of which the social value of law is achieved. What does it mean? That the right in the understanding of the official expression of norms should be only those provisions that ensure the well-being and development at the level of personal and public interest, guarantee and do not violate human rights.\u0000\u0000It is noted that the value of the right for the individual is that it is able to meet the human need for freedom and establishes a certain order of its use. The value of law for the whole society is manifested in the fact that the law guarantees security, order and harmonization of social relations, integrity and solidarity of society.\u0000\u0000Human rights and freedoms in the state, its interests should not be opposed to the rights and freedoms of others. At the same time, along with universally recognized human rights and freedoms, there are generally recognized restrictions on most of them. This raises the question of the objectively determined need to define boundaries and their criteria in the process of exercising one’s rights and freedoms.\u0000\u0000An analysis of legal practice in the context of finding a balance of public and private interest on the example of the constitutional right to education. The conclusion is that education is both a constitutional right and a duty and is not subject to any restrictions, and the state must ensure that education is accessible to all.\u0000\u0000In the process of ensuring the public interest, the state should apply permissible legal mechanisms to motivate a person to implement certain norms, such as persuasion, not coercion, encouragement, not the threat of punishment. Otherwise, it will lead to discrimination in the exercise of the rights and opportunities provided by the Constitution and the freedom to exercise them. And the establishment of the necessary restrictions provided by international legal instruments must be based on the principles of necessity, justice, legality, equality of rights and freedoms.\u0000\u0000Keywords: human rights, right to education, discrimination, equality, public interest.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"142 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115992035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Judicial interpretation: features and practical significance","authors":"S. Bobrovnyk","doi":"10.33663/2524-017x-2021-12-8","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-8","url":null,"abstract":"Reforming the main spheres of life of modern society causes a significant increase in the importance of law as a social value, a means of ensuring a compromise of social needs, interests and opportunities. Thus, the need for interpretation in law is due not only to the imperfection and ambiguity of the law itself, but also the essence of the right of implementation, which requires interpretation of the law. Violation of the rules of interpretation has serious consequences associated with the violation of human rights and freedoms.\u0000\u0000The difficulty of understanding the interpretation is related to such factors as: the complexity of the law itself and the sources of its manifestation; the complexity of the interpretation process, which includes clarification and clarification of norms; prevalence of interpretation at all stages of legal regulation; features of subjects of law performing interpretations; multifaceted purpose of interpretation; the prevalence of interpretation results. This makes it possible to argue that there are peculiarities of interpretation in relation to the type of legal activity.\u0000\u0000The process of interpretation also has its peculiarities in the activity of judges. Judicial interpretation can be defined as the intellectual and volitional activity of courts, based on professional knowledge, carried out in certain ways and using special methods to clarify the content of the applicable law; making a judicial decision; finding a compromise of different interests. Its necessity is determined by the general nature of legal norms; features of the external expression of legal norms; features of the language of law and the rules of presentation of legal norms in the text of the normative legal act; systematic legal requirements; a significant amount of regulatory material used; ambiguity of legal terminology and normative consolidation of several options of behavior, which are chosen by the subjects at their own discretion; conflict and inconsistency of regulatory material.\u0000\u0000An important aspect of the analysis of judicial interpretation is to clarify its features as a process of thinking. First,in the process of mental activity, the judge can not only find out the direct meaning of the norm, but also reveal its hidden meaning. We are talking about the ambiguity of the wording of legal norms, which directly affects their content. In this case, the judge chooses the meaning of the rule that most fully takes into account the circumstances of the case. Such a situation is possible in the absence of the content included in the norm, which is objectively caused by the practice of its application and the objective needs of society. Secondly, the judge’s mental activity takes place in the case of studying the case file, the evidence presented and the degree of validity of the decisions of the bodies conducting the pretrial investigation or the materials and evidence provided by the parties. Interpreting these documents, the judge chooses those ","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127525139","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Court of Justice of the European Union: historiography of European sources published in the period 1957-1992","authors":"I. Kaminska","doi":"10.33663/2524-017x-2021-12-49","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-49","url":null,"abstract":"Before proceeding to the analysis and characterization of foreign publications, all the sources we found were systematized according to the time criterion, according to which all the publications found, which in one way or another examined the Court of Justice, we divided into three periods, namely: I period (1957–1992); II period (1992–2007); III period (2007-present). The division was based on the periodization of the development of European integration, or rather its main stages. And the period – the creation and functioning of the European Communities (from the Treaties of Rome to the signing of the Maastricht Treaty); II period – the formation of the European Union (signing of the Maastricht, Amsterdam, Nice treaties); Period III – the functioning of the European Union in its modern form (after the signing of the Lisbon Treaty and until now). Thanks to this systematization, we were able to demonstrate what topics were relevant among scholars in a particular period of development of integration and functioning of the Court of Justice. The main presentation of the material is devoted to the results of the analysis of foreign scientific publications concerning the principles of organization and functioning of the Court of Justice published in the period 1957–1992. We found that most scientific papers were published by scientists from Great Britain, Italy, Belgium, Luxembourg, Germany, France which account for a significant share of the work of judges and Advocates-General of the Court of Justice. All foreign sources published in this period were analyzed by us on the subject of research and grouped by subject. Thus, we found that in the period 1957–1992.current research topics on the Court of Justice of the EU were: protection of individuals in the EU law and order; methods of interpretation in the decision of the Court of Justice of the EU; judicial control in the EU; the legal nature of the interaction between national judicial institutions and the Court of Justice and their impact on the uniform application of the Community legal order and its organic combination with the national legal order; judicial activism; principles of EU law; the role of EU judges in the development of European integration.\u0000\u0000Keywords: EU Court, judicial activism, EU legal order, principles of EU law, EU court decision.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133858230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Protection of the state interests and the responsibility of State (some theoretical issues)","authors":"A. Kubko","doi":"10.33663/2524-017x-2021-12-28","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-28","url":null,"abstract":"The protection of the state interests is an objective need, an obligation of the state from the perspective of securing thegoals of the modern state, implementation its functions as well as of the rule of law principles and respect for human rights.Nevertheless the state’s activities aimed at the protection of the interests of the state be it at the legislative, administrative of judicial level results on many occasions in the restrictions of the human rights, freedoms and the respective private interests, the deviation by the state from the safeguards of the fundamental rights of person. The said activities of the state should thus be assessed from the perspective of compliance with the basics of the responsibility-of-state-concept including both its domestic and international law aspects. Indeed, the international law in the sphere of human rights and freedom protection as well as the international investment law establish series of standards for the protection of the private rights binding on the state such standards being further developed in the jurisprudence of the international courts and tribunals. That said, in the framework of the state’s activities aimed at the protection of the state interests the specific grounds for the responsibility of state, emanating from the responsibility-of-state-concept, arise, Such grounds may be in general terms be divided into two groups. The first group of the grounds for the state’s responsibility comprises situations where the state authorities apply measures imposing restrictions on or interfering with the private rights and freedoms aiming at the protection of the interests which have been groundlessly recognized by the state as the state interests while such interests are not the genuine state interests in substance. The second group of the grounds giving rise to the responsibility of state relates to the situations where the genuine state interest of public nature requiring the protection by the state objectively exists, however the state machinery applies improper legal measures for the protection of such interest, that is the legal measures, be it in the legislative, administrative or judicial sphere, which are disproportionate to the state interests sought to be protected, specifically where the said measures employed by the state to protect the state interests are excessive or, to the contrary, insufficiently effective to secure the protection of the precise state interest in light of given social relationships.\u0000\u0000Keywords: the state interest, the state, the human rights, the responsibility of state.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121816993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Democracy as one of the fundamental bases for the implementation of legal guarantees of human rights in Ukraine","authors":"V. V. Novitskyi","doi":"10.33663/2524-017x-2021-12-35","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-35","url":null,"abstract":"The author of the article objectively argued the real importance of realistic instruments of democracy for the\u0000\u0000modern state formation of Ukraine. One of the most progressive mechanisms for implementing state policy in the field of protection, protection of human rights through their legal guarantees, progressive integration of democratic standards of the international community into the sphere of political and jurisprudence of Ukraine is the active introduction of new levers of democracy. We are convinced that the rules of law governing public relations must meet the challenges of today, and most importantly, be united in the desire of civil society to fully realize the objective demand of the people of Ukraine for justice. The agenda of Ukraine’s strategic priorities is extremely voluminous and endowed with a strong public resonance. That is why the means, the methods of activated democracy, are a potentially effective recipe for reducing the amplitude of public tension.\u0000\u0000The urgency of the issue of democracy was justified not by political slogans and the popularity of this subject of scientific research, but solely through the prism of the critical need for functional implementation of legislative, procedural guarantees of human rights in Ukraine. After all, in the conditions of modeled totalitarianism, authoritarian system of state policy, prohibitive measures that will be aimed at reducing or eliminating the will of the people, the full implementation of the full range of legal guarantees of human rights will lose its effectiveness. In our opinion, the level of democratic multi-vector practical implementation of the people’s power is a litmus test, a truly effective indicator of the attitude of state power to human rights and the rule of law in Ukraine.\u0000\u0000The author of the presented study carefully analyzes such institutions of democracy as the initiative in law, the legislative initiative of the people of Ukraine and the procedural implementation of the proposal to hold an all-Ukrainian referendum at the initiative of the citizens of Ukraine. After analyzing the doctrinal component of the initiative in law, we professionally turned our attention to the following fundamental issues: a) joint consolidation of civil society around the following fundamental principles: inviolability, respect for the human rights of everyone; Rule of Law; trust; desire to seek and find a compromise solution to conflicting precedents; b) personal, characterizing the characteristics of the individual who is able to propose legislative initiatives and demonstrate their own responsibility for this process; c) the issue of activating civil society, with the aim of individual, targeted stimulation of their representatives for further motivational training, professional training and formation of a constellation of leaders of local, regional and national level.\u0000\u0000In the article research, the actual factors of normative implementation of the legislative initiative of the p","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125711835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ideological manifestations of Christian-legal traditions in the legal system","authors":"I. Mima","doi":"10.33663/2524-017x-2021-12-33","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-33","url":null,"abstract":"The process of development of various directions of objective scientific analysis of problems of the theory of the state and law is investigated; the analysis of transformational processes of Christian-legal traditions in the legal system is carried out. The author argues that the Christian legal traditions are a unique religious and social value, because they embody the fundamental principles of civilized organization of religious relations in society, their regulatory requirements. Christian legal traditions generalize national law at the level of the legal space, reflect the unity of the legal system, which fixes the legal individuality and identity of the country, which affects the formation of the national idea.\u0000\u0000The author notes that in modern society, Christian legal traditions, Christian legal traditions appear as a legal category, a phenomenon of legal culture, an element of the legal system and a component of the succession of law, which captures generalized legal experience, legal memory, legal knowledge and legal ideas. passed down from generation to generation as acceptable ways of organizing society, models of formation of the legal system, order in law, hierarchy of values in law, etc. The point of view that Christian-legal traditions can be characterized from the standpoint of traditionalism and modernism is substantiated. Socio-historical heritage is a liability of past traditions and a basis for the formation of new traditions. In general, modern society is characterized by the action of real Christian legal traditions, which combines authentic and non-authentic Christian legal traditions and socio-historical heritage in ensuring the heredity of social development with its previous stages. Authenticity is determined by the preconditions for the formation of Christian legal traditions in society, arising from the laws of the stages of its development. Inauthentic Christian legal traditions are created artificially and act as declared social norms that have not yet confirmed their value nature in the course of social practice. They are most often observed in societies undergoing transformational periods of their existence, during which there is a need for new methods of regulating social relations and means of community unification. Such Christian legal traditions can be used to fill gaps in the mechanism of social and normative regulation of social relations by connecting the past with new conditions and needs.\u0000\u0000In addition, Christian-legal traditions occupy an important place in the socio-normative organization of modern society, and during the historical process of development of society the content of Christian-legal traditions was influenced by ideological, cultural and socio-economic deformations of society. Christian-legal traditions as religious-normative principles ensure the realization of Christian-legal ideals and values in religious relations, their indisputable status in public life.\u0000\u0000Keywords: legal system, Christia","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128748844","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal technique of judicial practice and its role in state legislation","authors":"I. Shutak","doi":"10.33663/2524-017x-2021-12-6","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-6","url":null,"abstract":"Purpose. The purpose of the study is to reveal the features of the legal technique of judicial practice and its role in\u0000\u0000law-making of the state. Methodology. First of all, the principles and techniques of formal-logical methodology are used.Elements of the structural-functional approach have been widely used. Thus, the identification of intersectoral links in judicial practice is based on the functional nature of law in general and procedural means in particular, which allowed us to see intersectoral links in judicial lawmaking. In addition, dialectical, system-structural and functional methods, the method of interpretation were used in the work. Judicial lawmaking is a separate area where completely different approaches are possible. Questions about the reflection of the legal technique of judicial practice and its role in the law-making process are considered in terms of both natural law and positivist and other areas of jurisprudence. Originality. The scientific novelty lies in the theoretical understanding and delineation of the legal technique of contract lawmaking, which is interpreted as a set of methods, tools and techniques used in developing the content and structure of judicial acts of any instance in the relevant proceedings. The specifics of judicial lawmaking are shown, which consists in the presence of such features that characterize it as an independent legal phenomenon that differs from other types of lawmaking. According to its functional purpose, judicial lawmaking creates the conditions for resolving specific court cases; eliminates gaps and ambiguities of certain legislation during the trial; complements the law-making system as a whole, consistently eliminating its shortcomings. The essence of such means of legal technique in judicial law-making as judicial interpretation and judicial concretization of norms of law is revealed. Results. The study found that the effectiveness of the courts depends not only on the number and content of judicial acts, but also on their technical and legal excellence. The role of judicial practice in law-making activity is strengthened, which is manifested in the need to take it into account, in the possibility of identifying shortcomings of current legislation, identifying possible law-making ways to overcome shortcomings in current legislation. Judicial law-making is an independent type of law-making that takes place within the competence of judicial bodies, when existing defects of legal regulation are eliminated by law-making court decisions as a result of interpretation and concretization of excessively generalized and abstract rules of law and by filling gaps in law. Practical importance. The results of the study can be used in law-making activities in order to identify shortcomings in current legislation and identify possible law-making ways to overcome shortcomings in current legislation.\u0000\u0000Keywords: legal technique, law-making, law-enforcement act, court practice, court precedent.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"13 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114125110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Actual problems of legal certainty and interpretation of legal norms at the present stage of legal reform","authors":"N. Parkhomenko","doi":"10.33663/2524-017x-2021-12-5","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-5","url":null,"abstract":"1. Kostiuk O. M. Teoretyko-pravovi zasady normatyvnoho tlumachennia : avtoreferat dys. ... kand. yuryd. nauk: 12.00.01 «Teoriia ta istoriia derzhavy i prava; istoriia politychnykh i pravovykh uchen» Kostiuk Olha Mykolaivna; Ivano-Frankiv. un-t prava im. korolia Danyla Halytskoho. Ivano-Frankivsk, 2017. S. 3.\u0000\u00002. Rishennia Konstytutsiinoho Sudu Ukrainy vid 2 lystopada 2004 roku № 15-rp/2004. u spravi za konstytutsiinym podanniam Verkhovnoho Sudu Ukrainy shchodo vidpovidnosti Konstytutsii Ukrainy (konstytutsiinosti) polozhen statti 69 Kryminalnoho kodeksu Ukrainy (sprava pro pryznachennia sudom bilsh miakoho pokarannia) https://zakon. rada.gov.ua/laws/show/v015p710-04#Text\u0000\u00003. Rishennia YeSPL vid 28 zhovtnia 1999 roku u spravi «Brumaresku proty Rumunii», zaiava № 28342/95, § 61.\u0000\u00004. Danishevska V. Kliuchovi zasady ta pidkhody do vyrishennia konfliktiv tlumachennia zakoniv. Vzaiemni zdobutky Yevropeiskoi Komisii «Za demokratiiu cherez pravo» i orhaniv konstytutsiinoi yustytsii ta problemy tlumachennia u konstytutsiinomu sudochynstvi : zbirnyk materialiv i tez Mizhnarodnoi onlain-konferentsii (m. Kyiv, 25 chervnia 2020 r.). Kyiv: VAITE, 2020. S. 60.\u0000\u00005. Todyka Yu. M. Sposoby tlumachennia Konstytutsii i zakoniv Ukrainy Konstytutsiinym Sudom. Visnyk Akademii pravovykh nauk Ukrainy. Kharkiv: Pravo, 2001. № 2 (25). S. 51-59. https://dspace.nlu.edu.ua/ bitstream/123456789/4565/1/Toduka_51.pdf\u0000\u00006. Yevropeiska Komisiia «Za demokratiiu cherez pravo» Mirylo pravovladdia. Komentar. HLOSARII. Strasburh,18 bereznia 2016 roku. Doslidzhennia №711/2013 http://newjustice.org.ua/wp-content/uploads/2017/09/Rule_of_ Law_Checklist_UKR.pdf\u0000\u00007. Postanova Kasatsiinoi palaty Verkhovnoho Sudu vid 14 bereznia 2018 roku u spravi № 917/1503/17.\u0000\u00008. Selivanov A. O., Stryzhak A. A. Pytannia teorii konstytutsiinoho pravosuddia v Ukraini: aktualni pytannia suchasnoho rozvytku konstytutsiinoho pravosuddia. Kyiv : Lohos, 2010. 275 s.\u0000\u00009. Radchenko O. I. Ofitsiine tlumachennia zakonu v konteksti udoskonalennia natsionalnoho mekhanizmu zakhystu prav liudyny v Ukraini http://webcache.googleusercontent.com/search?q=cache:l3C1xwQGyHYJ:univd.edu.ua/ science-issue/issue/2996+&cd=9&hl=ru&ct=clnk&gl=ua\u0000\u000010. Postanova Kabinetu Ministriv Ukrainy vid 2 lypnia 2014 r. № 228 «Pro zatverdzhennia Polozhennia pro Ministerstvo yustytsii Ukrainy» https://zakon.rada.gov.ua/laws/show/228-2014-%D0%BF#Text\u0000\u000011. Shevchuk S. Holovna ideia pravosuddia – z bezlichi formalnostei zrobyty spravedlyve rishennia. «Iurydychna hazeta», 6 zhovtnia 2015 r.\u0000\u000012. Kostytskyi M., Kushakova-Kostytska N. Tlumachennia Konstytutsii ta zakoniv Ukrainy Konstytutsiinym Sudom Ukrainy ta inshymy orhanamy sudochynstva: spilnist ta vidminnist. Vzaiemni zdobutky Yevropeiskoi Komisii «Za demokratiiu cherez pravo» i orhaniv konstytutsiinoi yustytsii ta problemy tlumachennia u konstytutsiinomu sudochynstvi : zbirnyk materialiv i tez Mizhnarodnoi onlain-konferentsii (m. Kyiv, 25 chervnia 2020 r.). Kyiv :VAITE, 2020. S. 91-92.\u0000\u000013. Terlets","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"556 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123311554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Interpretation of Legal Norms as an Optional Component of the Legal Regulation Mechanism","authors":"T. I. Tarakchonych","doi":"10.33663/2524-017x-2021-12-42","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-42","url":null,"abstract":"The article draws a special attention to the definition of such important categories of legal science as «interpretation of legal norms», «mechanism of legal regulation», «stages of legal regulation mechanism».\u0000\u0000The particular attention is paid to the understanding of the mechanism of legal regulation and its stages. The mandatory and optional stages of the legal regulation mechanism is distinguished. It is emphasized that the mandatory stage provides for the need to regulate certain social relations, which, first of all, are modeled, detected and implemented in certain subjective rights and legal obligations. The optional stage includes the necessity for an official interpretation of the legal norm in the process of its application. The place and role of interpretation of the rules of law in the mechanism of legal regulation have been determined.\u0000\u0000The article defines that the interpretation of legal norms is a process of clarifying of the content of the rule of law by the relevant subjects in order to ensure an unambiguous understanding of the content, its accurate and balanced application by both authorized and relevant entities in specific legal relations. \u0000\u0000The research at the general theoretical and methodological level distinguishes the essence and peculiarities of interpretation of legal norms, functional orientation, methods and means of its implementation. It is noted that the interpretation of legal norms ensures an unambiguous understanding of the rule of law, has an informational orientation and forms the legal consciousness of the subjects, the motivation for their behavior, is the basic basis for the development of the legal culture of society, the determinant of legal influence and the basis for improving legal regulation. The article states that the interpretation of legal norms has an important place in the mechanism of legal regulation along with its other components. It is characterized by the fact that it is carried out by analyzing of legal norms through a system of legal assessments, views, ideas, etc.\u0000\u0000Keywords: legal norm, interpretation of legal norms, functions of interpretation of legal norms, legal regulation,mechanism of legal regulation, stages of legal regulation mechanism","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116713281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Techniques of the teleological method of interpretation of legal norms","authors":"B. V. Malyshev","doi":"10.33663/2524-017x-2021-12-9","DOIUrl":"https://doi.org/10.33663/2524-017x-2021-12-9","url":null,"abstract":"This article considers subjective and objective approaches to the teleological method of interpretation of legal norms.\u0000\u0000Upon generalization of the thoughts presented in legal literature, the following list of techniques of the teleologicalmethod of interpretation of legal norms was made: 1) consideration of dialectics of the purpose and means of its achievement; 2) drawing conclusion on the purpose of the norm based on the purpose of another norm; 3) a conclusion on the purpose of the norm with regard to the general direction of the legal regulation of specific relations; 4) taking into account the link between the purpose of the norm and the goals of the more general nature (the general purpose of the normative legal act, the relationship of the norms of the special part with the purposes of the norms of the general part or for the purpose of the institution of law), in so doing goals of higher value and legal force are contained in the forms of law that have the higher legal force; 5) conclusion on the purpose of the norm in accordance with the content of the Constitution; 6) genetic reception of teleological interpretation (study of the purpose of a similar rule of law, which has expired); 7) in the case of an ambiguous understanding of a rule of law, you should choose the option that best meets its purpose.\u0000\u0000Keywords: norm of law, purpose of the norm of law, teleology of law, teleological (purposive) way of interpretation of norms of law.","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122948287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}