《法律解释特别法》——时代的指令!

I. A. Fargiev
{"title":"《法律解释特别法》——时代的指令!","authors":"I. A. Fargiev","doi":"10.37399/ISSN2686-9241.2020.2.29-48","DOIUrl":null,"url":null,"abstract":"Introduction. As a result of the Russian legal reform, a new legal system was formed; an important feature of which is the power of a lawyer to interpret various forms of national and international law implemented by the state. The scientific understanding of the interpretation of the law has significant gaps which make it difficult to apply in practice. Theoretical basis. Methods. The theoretical basis of the study was the work of Russian and foreign scientists on the interpretation of law. Research methods were as follows: systematic, historical, formally logical, comparative approaches, interpretation of legal and philosophical ideas. Results. The article presents the author’s opinions on problematic issues of the theory and practice of interpretation of law, which are the subject of constant attention of legal scholars, law-makers and law enforcement agencies. The author justifies the need to adopt a special law on normative legal acts, which should give a legal definition of “interpretation of law”, establish a procedure for the interpretation of law, fix the range of subjects of interpretation and other important scientific and applied issues. Discussion and Conclusion. The term “interpretation”, in modern legislation, is used to address the issue of official clarification and explanation of the content of norms and principles of international law employed in developing a multi-level system of forms of national and/or international law, which is then implemented by the state. Other interpretations of the law, referred to as doctrinal, ordinary, professional, etc, can be called a conditional interpretation of the law. Using scientific conclusions about the dialectical relationship of law with philosophy and sociology, history and politics, economics and ideology, etc, the author came to conclusion that there is a need to adopt a special law on the interpretation of law.","PeriodicalId":184770,"journal":{"name":"Pravosudie / Justice","volume":"7 4 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Special Act on the Interpretation of Law – Dictates of the Time!\",\"authors\":\"I. A. Fargiev\",\"doi\":\"10.37399/ISSN2686-9241.2020.2.29-48\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Introduction. As a result of the Russian legal reform, a new legal system was formed; an important feature of which is the power of a lawyer to interpret various forms of national and international law implemented by the state. The scientific understanding of the interpretation of the law has significant gaps which make it difficult to apply in practice. Theoretical basis. Methods. The theoretical basis of the study was the work of Russian and foreign scientists on the interpretation of law. Research methods were as follows: systematic, historical, formally logical, comparative approaches, interpretation of legal and philosophical ideas. Results. The article presents the author’s opinions on problematic issues of the theory and practice of interpretation of law, which are the subject of constant attention of legal scholars, law-makers and law enforcement agencies. The author justifies the need to adopt a special law on normative legal acts, which should give a legal definition of “interpretation of law”, establish a procedure for the interpretation of law, fix the range of subjects of interpretation and other important scientific and applied issues. Discussion and Conclusion. The term “interpretation”, in modern legislation, is used to address the issue of official clarification and explanation of the content of norms and principles of international law employed in developing a multi-level system of forms of national and/or international law, which is then implemented by the state. Other interpretations of the law, referred to as doctrinal, ordinary, professional, etc, can be called a conditional interpretation of the law. Using scientific conclusions about the dialectical relationship of law with philosophy and sociology, history and politics, economics and ideology, etc, the author came to conclusion that there is a need to adopt a special law on the interpretation of law.\",\"PeriodicalId\":184770,\"journal\":{\"name\":\"Pravosudie / Justice\",\"volume\":\"7 4 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-06-11\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Pravosudie / Justice\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.37399/ISSN2686-9241.2020.2.29-48\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Pravosudie / Justice","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.37399/ISSN2686-9241.2020.2.29-48","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

介绍。俄罗斯法律改革的结果是形成了一种新的法律体系;它的一个重要特征是律师有权解释国家实施的各种形式的国内法和国际法。对法律解释的科学认识存在重大空白,难以在实践中应用。理论基础。方法。这项研究的理论基础是俄罗斯和外国科学家关于法律解释的工作。研究方法有:系统方法、历史方法、形式逻辑方法、比较方法、法律解释和哲学思想。结果。本文就法律解释理论与实践中存在的问题提出了自己的看法,这些问题是法律学者、立法者和执法机构一直关注的问题。对规范性法律行为需要制定专门的法律,对“法律解释”进行法律界定,建立法律解释程序,确定解释主体范围等重要的科学和适用问题。讨论与结论。在现代立法中,“解释”一词用于解决官方澄清和解释国际法规范和原则内容的问题,这些规范和原则用于发展国家和/或国际法形式的多层次系统,然后由国家实施。对法律的其他解释,如理论解释、普通解释、专业解释等,可称为有条件的法律解释。运用法律与哲学与社会学、历史与政治学、经济学与意识形态等辩证关系的科学结论,得出有必要对法律的解释采取专门的法律的结论。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Special Act on the Interpretation of Law – Dictates of the Time!
Introduction. As a result of the Russian legal reform, a new legal system was formed; an important feature of which is the power of a lawyer to interpret various forms of national and international law implemented by the state. The scientific understanding of the interpretation of the law has significant gaps which make it difficult to apply in practice. Theoretical basis. Methods. The theoretical basis of the study was the work of Russian and foreign scientists on the interpretation of law. Research methods were as follows: systematic, historical, formally logical, comparative approaches, interpretation of legal and philosophical ideas. Results. The article presents the author’s opinions on problematic issues of the theory and practice of interpretation of law, which are the subject of constant attention of legal scholars, law-makers and law enforcement agencies. The author justifies the need to adopt a special law on normative legal acts, which should give a legal definition of “interpretation of law”, establish a procedure for the interpretation of law, fix the range of subjects of interpretation and other important scientific and applied issues. Discussion and Conclusion. The term “interpretation”, in modern legislation, is used to address the issue of official clarification and explanation of the content of norms and principles of international law employed in developing a multi-level system of forms of national and/or international law, which is then implemented by the state. Other interpretations of the law, referred to as doctrinal, ordinary, professional, etc, can be called a conditional interpretation of the law. Using scientific conclusions about the dialectical relationship of law with philosophy and sociology, history and politics, economics and ideology, etc, the author came to conclusion that there is a need to adopt a special law on the interpretation of law.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信