Interpretation of law

Interpretation of law (legal norms) is an indispensable condition for the correct application and understanding of law. In the absence of this condition, the implementation of the law is significantly hampered, and in some cases impossible. Centuries of experience, the fate of specific people, as well as legal practice, makes interpretation of the law (legal clarification) absolutely necessary in the modern world.

In a society organized according to the democratic principle, legal clarification carries out the task of identifying its meaning in order to ensure the proper, effective implementation in accordance with the existing regime of legality.

Interpretation of law is always the activity of officials, practitioners, government agencies, individuals, public organizations, scientists and other personalities. The determination of the content is aimed at revealing the will of the legislator expressed in them.

Interpretation of law is a process absolutely inevitable in the activity of bodies of arbitration and general courts, prosecutors and other state bodies, in the process of concluding contracts and transactions by economic entities. Legal clarification is necessary in the work of public associations or parties, in the process of carrying out legally significant acts by citizens.

Types of interpretation of the rules of law are determined depending on the basis.

According to the legal force, an informal and official explanation is classified.

The official interpretation of law is divided into judicial, cozual and normative.

The normative explanation is also subdivided into legal (delegated) and authentic (authentic).

Informal ways of interpreting the norms of law are subdivided into ordinary and doctrinal (competent, scientific, professional) explanation.

Depending on the volume, the explanation can be literal (adequate), restrictive and broad (spread).

In addition, the normative interpretation is now divided into both oral and written.

Official clarification is always carried out by officials and bodies authorized to do so. As a rule, at the same time, documentary processing of interpretative acts takes place, which is legally educational for all those affected by the clarified law, it usually provokes concrete consequences.

In the Russian Federation, official legal clarification falls within the competence of representative higher bodies, the Constitutional, Supreme Arbitration, Supreme Courts, individual ministries, the Government, the Prosecutor General, state committees and other bodies.

Unlike official, informal clarification is not considered legally binding at all. Acts of interpretation of unofficial interpretation to legal facts do not apply, since they originate from entities that do not engage in any official state activity. This kind of clarification can be carried out both in writing and orally. One of its main features is disconnected from power and coercion.

A literal legal interpretation (adequate) is characterized by an exact correspondence to the text of the norm. This type of explanation is considered quite common.

Restrictive interpretation is used in cases where the true meaning of the norm is not to be understood as widely as it is indicated in the verbal text. For example, in accordance with paragraph 3 of Article 38 of the Constitution of the Russian Federation, the able-bodied children who have reached eighteen years of age must take care of their parents (unable to work). In the course of clarification it becomes clear that this duty is not imposed on children who are incapacitated.