Ministry of education and science of the republic of tajikistan

§ 3. Logical interpretation.

The logical method is carried out using the laws of logic to eliminate ambiguities that arise in the grammatical interpretation of legal norms.

Logical interpretation is the interpretation of a legal act according to its meaning using logical techniques, the interpreter operates only with the material of the norm itself, without resorting to other means. With this method, the internal structure of the norm, the relationship of its three elements – hypotheses, dispositions, and sanctions-is clarified, first of all. Through this technique, the entire scope of the content of the norm is established, and the ambiguities that exist in it are eliminated. Logical interpretation aims to use the rules of formal logic to identify what the legislator wanted to express in the text of the law, but did not express. In logical interpretation, all the laws of formal logic (identity, non-contradiction, excluded third, sufficient reason), logical operations (analysis and synthesis, construction of a syllogism, etc.) are applied. The peculiarity of this method of interpretation is that it is necessary to take into account the specifics of the presentation of the legislator's thoughts in the text of the law, which contains both figurative expressions and special terms. Therefore, texts are often subject to logical transformation from the position of so-called common sense.

For example, Article 166 of the Civil Code of the Russian Federation refers to insignificant transactions. "Insignificant" not in the sense of their insignificance, not deserving of attention, etc., but in the sense of their invalidity, disputability, illegality. criminal law operates with the concept of "cold weapons". "Cold" again, not in the literal sense of the word ("non-hot"), but in the sense of neognestrelnoe and non-gas. There are many such uses in the legislation.