Terekhov E.M. The Official Interpretation of the Law in the Context of the Paradox
DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.8
Evgeny M. Terekhov, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Public Law 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: the official interpretation of the norms of law is one of the elements that support the efficiency of the mechanism of the legal regulation of public relations. Traditionally, it is associated with a provisional measure in the framework of law enforcement. However, the vigorous improvement of public relations shows that this opinion is outdated and needs to be rethought, which serves as a basis for reconsidering the role of official interpretation in the legal system of society. Purpose: to consider specific ideas about using the official interpretation of law in both classical and non-standard situations, to identify appropriate areas of communication in these processes. Methods: the methodological framework for the research is a set of methods of scientific cognition, including systematicity, analysis, comparative law, formal legal, and historical ones. Results: the author’s position, substantiated in the work, on the possibility of the primary formation by the official interpretation of law of the vectors of development of law enforcement and law-making activities, is based on the work of pre-revolutionary, Soviet and modern scientists, as well as the materials of law-making and law enforcement practice. Conclusions: as a result of the conducted research, it is found that the official interpretation of law should not be considered in the traditional binding to the needs of law enforcement activities. The classical point of view, which for a long time remained popular and monopolistic in legal science, consisting in the exclusive law enforcement nature of the official interpretation of law, is no longer dominant today. If earlier law-making and law enforcement determined the official interpretation, today, the official interpretation acts as a vector forming the foundations of law enforcement, and in some cases, law-making. This indicates that the official interpretation of the norms of law has reached a new level of functioning.
Key words: legal activity, legal interpretation activity, interpretation of law, clarification, interpretative act, interpretative practice.
Citation. Terekhov E.M. The Official Interpretation of the Law in the Context of the Paradox. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 1, pp. 65-71. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.8
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