Terekhov E.M. The Comparative Law Analysis of the Concepts of “Law Interpretative Activity” and “Interpretation of Law”

DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.11

Evgeniy M. Terekhov, Candidate of Sciences (Jurisprudence), Associate Professor, Department of State Legal Disciplines, Saratov State Law Academy (Balakovo Branch), Krasnaya Zvezda St., 8/1, 413865 Balakovo, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-3510-1077

Introduction: law interpretative activity is an independent type of legal activity. In the course of its development, it closely interacts with the related legal categories, but the most closely related is the interaction with the interpretation of law. At first glance, it may seem that these terms are identical and represent the same thing, but this is not so. Methods: the methodological framework for the study is a set of methods of scientific knowledge, including the methods of system, analysis and comparative law. Results: the author’s point of view based on the study of the terms “law interpretative activity” and “interpretation of law “, the specifics of their interaction, as well as the legislation and the results of the judicial interpretative practice. Conclusions: as a result of the study, it was found that law interpretative activity has greater legal force than the interpretation of law. It is the standard by which the subjects of the interpretation of law are guided to develop their own legal positions. Law interpretative activity is a guiding activity, but the interpretation of law is controlled. Based on this, these concepts should not be identified with each other. Nevertheless, they are related categories, because they are aimed at revealing the meaning of law.

Key words: legal activity, law interpretative activity, interpretation of law, clarification, interpretation, interpretation act, interpretation practice, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation.

Citation. Terekhov E.M. The Comparative Law Analysis of the Concepts of “Law Interpretative Activity” and “Interpretation of Law”. Legal Concept, 2019, vol. 18, no. 1, pp. 88-92. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.11

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