Ministry of education and science of the republic of tajikistan

§ 9. Method of source analysis.

The method of analyzing the sources of legal norms is the procedure with which the interpretation of legal norms begins, which is reduced to making sure that the legal norms are authentic and that the text of the normative legal act is reliable. The authenticity of a rule of law is understood as its ability to act as a regulator of public relations. This ability can only be possessed by the norms of law adopted in accordance with the established procedure and within the competence of the law-making body, which do not contradict the Constitution of the Russian Federation, federal laws, or other acts that have great legal force.

Thus, we came to the following conclusions:

1. Methods of interpretation of the norms of law are a set of means used to establish the content of the norms of law. There are grammatical, logical, systematic, historical-political, special-legal, teleological and functional interpretations.

2. Grammatical interpretation is a set of techniques aimed at clarifying the morphological and syntactic structure of the text of the act, identifying the meaning of individual words and terms, and the grammatical meaning of the entire sentence.

3. Logical interpretation involves the use of laws and rules of logic to clarify the true meaning of the norm, which sometimes does not coincide with its literal presentation.

4. Systematic interpretation is the study of a legal norm in terms of its relation to other norms.

5. Historical and political interpretation consists in the study of the historical situation of the publication of the act, the socio-economic and political factors that led to the appearance of the norm.

6. Socio-legal interpretation is associated with the analysis of special terms, technical and legal means and methods of expressing the will of the legislator.

7. Teleological (target) interpretation is aimed at establishing the objectives of the publication of legal acts.

8. Functional interpretation examines the factors and conditions under which the interpreted norm functions and is implemented.

Interpretation techniques should be used together, not individually.