The interpretation of the law

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2018-03-22 11:25:08

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Interpretation of the law (legal norms) is an essential condition for correct application and understanding of law. In the absence of this condition, a legal enforcement is significantly hampered, and in some cases impossible. Experience of many centuries, the destinies of individuals and legal practice makes the interpretation of the law (legal explanation) is absolutely necessary in the modern world.

In a society built on the democratic principle, the legal understanding has the task to identify its meaning in order to ensure correct and efficient implementation in accordance with the existing regime of law.

The Interpretation of the law is always officeholders, practitioners, government agencies, individual citizens, NGOs, scientists and other leaders. The establishment of the content aimed at revealing the will of the legislator expressed in them.

The Interpretation of the law is a process absolutely inevitable in the activities of organs of arbitration and common courts, prosecutors, and other government agencies in the process of entering into agreements and transactions structures. Legal clarification is necessary in the work of public associations or parties, in the implementation of legal acts of citizens.

Interpretations of the law are determined depending on the base.

According to legal effect, klassificeret unofficial and official explanation.

The Official interpretation of the law is divided into the judicial, regulatory and casualine.

The Regulatory explanation also divided into legal (delegated) and authentic (authentic).

Informal methods of interpretation of law are divided into ordinary and doctrine (competent, scientific, professional) explanation.

Depending on the scope of the explanation may be literal (adequate), limiting and expansion (dissemination).

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

The Official explanation is always the officers and bodies authorized by it. Usually, when this happens documents acts of interpretation, which is for all who are concerned to explain law, legally educational, it usually provokes specific effects.

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In the Russian Federation official legal clarification is within the competence of representative bodies, constitutional, Higher Arbitration and Supreme courts, individual ministries, the Government, the Attorney General, state committees and other bodies.

In contrast to the official, the unofficial explanation is not considered to be legally binding. Acts of interpretation, informal interpretation, the legal facts are not, as coming from entities not engaged in official activities. This kind of explanation can be carried out both in writing and orally. One of its main features is the incompatibility with the power and coercion.

The Literal legal interpretation (adequate) is characterized by exactly matching the text of the rules. This type of explanation is considered to be widespread.

Restrictive interpretation is applied in cases when the true meaning of standards need to be understood so widely as indicated in the verbal text. For example, in accordance with paragraph 3 of article 38 in the Constitution of the Russian Federation who have reached the age of eighteen able-bodied children should take care of their parents (of the disabled). In the course of the explanations it becomes clear that this obligation to children who are disabled shall not be imposed.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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