Ministry of education and science of the republic of tajikistan

§ 2. Official interpretation.

The official interpretation is given by the authorized state bodies, its results are mandatory for all subjects of law, it is formulated in a special act (explanation). This is an official, generally binding directive on how to apply the norm. The official interpretation is intended to ensure the unity of understanding of the laws and, on this basis, the unity of their application throughout the State. The official interpretation is divided into autentic and legal. Autentic interpretation is performed by the body that issued the normative act. He does this by virtue of his competence, he does not need special permission. The right of autentic interpretation logically follows from the right to issue legal norms: if the body has the norm-making competence, then it also has the competence to interpret its normative acts. The law-making body gives an authentic interpretation both in the text of the act itself (definitive norms) and in special acts. Legal interpretation ( A. F. Cherdantsev calls it “delegated") is carried out by a body specially authorized by law. The subject of legal interpretation can be all state bodies that organize the process of implementing the right. In accordance with this, depending on the subjects, the legal interpretation can be divided into the interpretation given by: authorities, judicial bodies, management bodies, supervisory bodies, arbitration bodies. The range of these bodies is wide, and the legal force of acts of interpretation varies. The interpretation given by the legislator and the highest judicial instances has the greatest legal force. Depending on the scope of the acts, explanations are divided into normative and casual. Normative interpretation is mandatory for all cases of a certain category, and casual interpretation is only for a specific case. The most typical type of casual interpretation is that given when considering conditional and civil cases in court (judicial interpretation). Some researchers believe that both normative and casual interpretation can be formal and informal. An interpretation of inter-State significance should be highlighted. These are, in particular, the international rules on the interpretation of trade terms “Incoterms” , issued by the International Chamber of Commerce. The attitude to official explanations is twofold. On the one hand, such explanations facilitate the application of the norm, remove contradictions, and eliminate ambiguities. On the other hand, explanations sometimes replace the norm, blur its content. Ideally, explanatory practice requires a reduction, and the predominant form of interpretation should be the autentic interpretation.