Ministry of education and science of the republic of tajikistan

§ 7. Teleological (target) interpretation.

Teleology is the study of expediency and goals in life. For law, as a system education and its individual components, one of the most important characteristics is purposefulness.

The teleological (target) method of interpretation is aimed at establishing the goals of normative legal acts. The need for this method arises whenever it is necessary to determine the goals for achieving which a regulatory act has been adopted.

Sometimes the very name of the law or its separate sections, norms, and articles speaks about the goals. For example, in the Criminal Code of the Russian Federation there are such chapters: "Crime against the person", "Crime in the sphere of economy", "Crime against the state power". It seems that here the goals can be easily understood even by a non-specialist. If the general purpose of the law is not taken into account, then it is possible to make a mistake in its application. On the contrary, a correct understanding of the objectives of a legal act contributes to its effective implementation.

Teleological (target) interpretation is the understanding of the meaning of the law in connection with its intended purpose. The basis for distinguishing it as an independent method is the connection of the norm with the objective consequences of its implementation. The source of teleological interpretation is legislation. Some abrogated norms may also be used. In the process of teleological interpretation, they also refer to various auxiliary legal acts, primarily to acts of official interpretation. The subjects of teleological interpretation can be all subjects of law. An extremely important factor in the interpretation of a rule of law for its purpose is the social legal consciousness of the subjects who carry out the interpretation. The peculiarity of teleological interpretation is that all knowledge and methods of its use are tied to what goes beyond the immediate content of the norm (to its purpose), but what explains this content. As a cognitive tool of this technique, the laws of logic, the laws of the science of system objects, special legal knowledge, history, etc. are used. Not all authors recognize teleological interpretation as an independent technique, without denying the significance of the targeted analysis of law.