Ministry of education and science of the republic of tajikistan

§ 8. Functional interpretation.

The functional interpretation considers the conditions and factors in which the interpreted norm functions, operates, and is implemented and which influence its content. First of all, this concerns the interpretation of the so-called evaluation terms (“valid reasons”, “significant harm”, “significant damage”, “extreme necessity”, etc.). Depending on the location, time, and other factors, they may have different values. The purpose of the interpretation of valuation terms is the process of replacing valuation terms with accurate ones. Sometimes the legislator directly obliges to take into account specific conditions, i.e. to apply to a functional interpretation (for example, when determining the amount of compensation for non-pecuniary damage, when determining the amount of alimony). The methods of interpreting the norms of law always complement and condition each other. They give positive results only in the aggregate.