Ministry of education and science of the republic of tajikistan

MINISTRY OF EDUCATION AND SCIENCE

OF THE REPUBLIC OF TAJIKISTAN

Tajik State University of Law, Business and Politics

Faculty of International Law

Course work

On the subject of “Theory of State and Law”

Topic “Interpretation of law: concept and their classification “

Complied by first year student

of full-time department

and specialty of 1-24 01 01

Salimov Eldorbek

Lecturer Sattorova S.R

Khujand-2021

Table of contents

Introduction.

Chapter 1. The concept and meaning of the interpretation of the norms of law.

§ 1. The concept of interpretation of law.

§ 2. The essence and meaning of the interpretation of law.

§ 3. Tasks of law interpretation.

Chapter 2. Methods of interpretation of legal norms and their classification.

§ 1. Classification of interpretation techniques.

§ 2. Grammatical interpretation.

§ 3. Logical interpretation.

§ 4. Systematic interpretation.

§ 5. Historical and political interpretation.

§ 6. Special legal interpretation.

§ 7. Teleological (target) interpretation.

§ 8. Functional interpretation.

§ 9. Method of source analysis.

Chapter 3. Results of the interpretation of the law.

§ 1. Complete clarity of meaning is a necessary result of interpretation.

§ 2. Scope of interpretation.

§ 3. Literal interpretation.

§ 4. Restrictive and pervasive interpretation.

Chapter 4. Clarification of the law.

§ 1. Clarification of the rules of law.

§ 2. Official interpretation.

§ 3. Informal interpretation.

Conclusion.

List of used literature.

Introduction.

In law enforcement, at the stage of choosing a legal norm, it becomes especially important to understand the meaning and content of this legal norm. Otherwise, it can be applied erroneously with all the sad social consequences that follow: to punish an innocent person by implementing the so-called objective imputation, to release the criminal from responsibility, to destroy the existing property relations, etc. And on the contrary, the precise choice of a legal norm according to its meaning and content, its authoritative (in necessary cases) application leads to the ordering of the relevant social relations to their irreversible development. And how many logical battles are raging around certain specific circumstances of law enforcement, how much erudition, claims to logical and legal knowledge are thrown by the participants of a particular law enforcement into a dispute about the meaning and content of a particular legal norm! That is why the theory of law traditionally distinguishes the topic of "Interpretation of legal norms" from the topic of law enforcement in order to calmly, thoroughly understand this most important legal action and first of all answer two questions: what is the interpretation of legal norms and why is there a need for such legal activity?

The realization of the law, i.e. the implementation of legal norms, is achieved by the conscious activity of people. People realize the meaning of the norm, discover its content for themselves. The understanding of the norm by the law enforcement officer from the point of view of its practical implementation can be called the interpretation of the norm. Interpretation is an integral part of the process of applying legal norms. Without it, their correct implementation is impossible. The process of applying any law on a specific occasion is connected with the need to clarify it in order to decide whether it can be applied in a particular case. Interpretation of the law is a significant part of the activity of most lawyers. It is connected with the day-to-day solution of specific legal issues in the practical work of many State bodies, especially the judiciary and the prosecutor's office. Ultimately, interpretation as a legal activity serves to ensure the rule of law and improve the effectiveness of legal regulation. In modern conditions, its relevance has increased significantly. This is due to the fact that in recent years, the legislation has been significantly updated, new norms and entire branches and sections of law (for example, private law) have appeared in it. Law-making is now carried out on different principles, new legal terms and constructions are used, and a completely different type of regulation is used. Under these conditions, interpretation should play its role as the most important tool for the knowledge, implementation and improvement of law. The interpretation of legal norms is of great importance in legal science and practice. Therefore, this topic is being investigated by many scientists. Many questions about the interpretation of the law remain controversial. In the legal literature, there is no consensus on the definition of the essence of the interpretation of law. The authors differ in the allocation of methods of interpretation. There is no consensus on the scope of interpretation. But all researchers recognize the great practical importance of interpreting the rules of law. The main questions of this course are: the concept, essence and meaning of the interpretation of the law; methods of interpretation and their classification; results of interpretation; explanation of the law.

This course used both monographs of Soviet scientists devoted to the interpretation of the norms of law, and the works of modern Russian authors on this topic.