法律解释是国家宪法和法律政策的一种执行形式

V. Ternavska
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引用次数: 0

摘要

法律解释在法律传播过程中起着特殊的作用。法律主体在形成某种类型的法律关系后,为了更好地满足自己的主观权利、实现合法利益和正确履行法律义务,在潜意识层面对法律规范的内容进行解释。法治具有普遍性和抽象性,可以涵盖大量的具体情况,但它们的个性和个性化性质总是不同的。考虑到这一点,以及规则制定过程的现有缺点,例如宪法中存在绝大多数的笼统和参考规范以及不遵守法律技术规则,导致难以表达或缺乏对特殊法律术语的规范定义,因此需要对法律行为进行解释。本文致力于确定法律解释的性质及其在实施国家宪法和法律政策中的作用。在学习法律规范内容的过程中,研究了法律解释概念和法律解释技术的各个方法论方面,以及法律解释的真实性和正确性的标准。分析了“法律解释政策”和“法律政策执行的法律解释形式”这两个范畴的比例。结论是,国家授权的法律解释主体以法律学说为基础,形成了一种法律解释政策,旨在制定一种战略和策略,以统一所有宪法主体对乌克兰宪法和其他法律行为规范的充分和统一的理解和适用的法律思想。实现法律解释政策目标和完成法律解释政策任务的手段有法律理论、法律解释技术、解释实践、信息资源和法律解释行为。法律解释政策有理由将法律解释作为宪法和法律政策的独立实施形式,以及执法形式,这对于适当保护人权和自由,公民社会的发展以及乌克兰国家主权原则在平等理解和适用的基础上至关重要。关键词:法律解释,法律解释行为,法律解释技术,宪法与法律政策,法律解释政策。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Interpretation of law as a form of implementation of the constitutional and legal policy of the state
The interpretation of law plays a special role in the process of legal communication. Subjects of law, entering into legal relations of a certain type, interpret the content of legal norms already at the subconscious level with the aim of better satisfying their subjective rights, realization of legitimate interests and the proper implementation of legal obligations. The rule of law has general and abstract character that permit to cover a large number of specific situations, but which always differ in their individuality, their personalized nature. Taking into account this, as well as the existing shortcomings of the rule-making process, such as the presence of the vast majority of blanket and reference norms in constitutional law and non-compliance with the rules of legal technique, resulting in difficulty of expression or lack of normative definition of special legal terms, there is a need for interpretation of legal acts. The article is devoted to determining the nature of the interpretation of law and its role in the implementation of the constitutional and legal policy of the state. Various methodological aspects of the concept of legal interpretation and techniques of interpretation of law, as well as the criteria of truth and correctness of interpretation of law in the process of learning the content of legal norms are studied. The ratio of the categories «legal interpretive policy» and «legal interpretive form of legal policy implementation» is analyzed. It is concluded that the state-authorized subjects of legal interpretation, based on legal doctrine, form a legal interpretive policy aimed at developing a strategy and tactics for unification of legal ideas on adequate and uniform understanding and application of norms of the Constitution of Ukraine and other legal acts by all subjects of constitutional law. The means of achieving the goals of legal interpretive policy and fulfilling its tasks are legal doctrine, legal interpretation technique, interpretive practice, information resources and legal interpretative acts. Legal interpretive policy gives grounds to single out legal interpretation as an independent form of implementation of constitutional and legal policy along with law enforcement form, which is important for proper protection of human rights and freedoms, development of civil society and principles of sovereignability of the Ukrainian state on the basis of their equal understanding and application. Keywords: interpretation of law, legal interpretative acts, legal interpretive technique, constitutional and legal policy, legal interpretive policy.
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