Ministry of education and science of the republic of tajikistan

§ 2. Grammatical interpretation.

Understanding the meaning of the interpreted norm should begin with its text, its morphological and syntactic structure. This technique is called grammatical interpretation.

Grammatical interpretation is reduced to the competent application of the rules of grammar in the process of interpreting the rule of law and understanding the letter of the law. It determines the meaning of terms, as well as the meaning of sentences, performs syntactic and stylistic analysis of the normative legal act. The main task of this method of interpretation is to accurately interpret the meaning of words.

Every legal act represents the thought of the legislator expressed in words. Words that express a thought have an independent meaning, and at the same time are in a certain logical connection with other words, as a result of which they acquire a limited and subordinate meaning to the general structure. It is necessary to begin the grammatical interpretation with the study of each word in the normative act. It is necessary to establish the main meaning of the word, its semantic connotation in this context, and its grammatical form.

Of particular importance in the interpretation of legal norms is the study of special terms used in legislation. In regulatory acts, the following terms should be distinguished:

commonly used, everyday;

commonly used terms that have a special meaning in the normative act;

special terms, legal terms have a special meaning.

After understanding the meaning of individual words and terms, the meaning of the sentences through which the norm is formulated is established, and the study of their general grammatical and semantic structure is carried out. To do this, we consider grammatical and syntactic relations within a sentence (punctuation marks, conjunctions, and their semantic role). Insufficient knowledge of the rules of grammar, their incorrect interpretation can lead to an inaccurate understanding of the content of the norm and, consequently, to a violation in the implementation process.

Let's take for example a short sentence: "prohibit cannot be allowed", in which there are no commas or periods. Depending on how we place these signs, we can draw exactly the opposite conclusions. This is also the case with the more well-known classical formula "execution cannot be pardoned". Unions are no less important. In the case of a connecting union "and", two conditions are required; in the case of separating "either", "or", only one condition is required.

As a result of grammatical interpretation, the content of the textual expression of the legal norm is established. The study of the actual content of the legal norm should be continued with the help of other techniques.