Ministry of education and science of the republic of tajikistan

§ 4. Systematic interpretation.

The systematic method of interpretation provides an understanding of the meaning of a particular rule, by carefully analyzing the relationships between the normative legal prescriptions containing a particular part, an element of the rule of law. Also, the regulations may be located in several normative legal acts, which significantly complicates the process of system analysis in the course of interpreting the norms of law.

The need for systematic interpretation arises from such a property as the systematic nature of law. A legal norm is an integral part of an integral and unified system of law. The norms of law regulate social relations not in isolation from each other, but in interrelation and interaction. The legal norm can be fully understood if we take into account these connections and mutual influences. Systematic interpretation is recognized by all authors as an independent technique. Systematic interpretation consists in understanding the meaning of the interpreted norm by comparing it with other norms. In a systematic interpretation, first, the meaning of the legal norm is revealed, depending on the place it occupies in the system of the code or normative act, depending on the significance of the normative act in which this norm is formulated, and secondly, we compare the legal norm under study with other norms of this branch of law, as well as with the norms of other branches with which the first is in some connection and interaction. Establishing the relationship of the interpreted norm on the other hand can clarify the first norm without changing its content. In other cases, a norm similar in content may supplement the prescription of the interpreted norm. Similarly, one norm may establish certain exceptions to the general rule formulated in another norm, change to a certain extent the content of the norm, limit or expand the scope of its action, the circle of persons involved in legal relations, the conditions for the application of this norm, the understanding of a particular term. Finally, another legal norm that is close in meaning may partially or completely contradict the content of the norm under study. In this case, a systematic interpretation makes it possible to identify such norms that are not formally abolished, but are actually replaced by others and therefore are null and void, are not implemented. But in most cases, other norms do not change the content of the subject being interpreted, but are of great importance for a more correct and deep knowledge of its meaning. Another form of connection that needs to be taken into account in a systematic interpretation is the connection of specific rules with the general part of the same branch of law. Consideration of this connection can in many ways clarify and reveal more deeply the meaning of the interpreted norm, determine its general orientation. Often, the text of a normative act itself contains a basis for systematic interpretation. It is necessary to resort to it when implementing blank and reference standards. The method of forming reference articles is such that the norm, which is only partially outlined in the article, cannot be understood without involving the articles to which the reference article is addressed. The protective norms of the blank nature establish responsibility for the violation of other norms of a special nature. Thanks to a systematic interpretation, it is possible to identify the legal force of a legal norm, the scope of its action, belonging to a particular branch, institution of law.