Ministry of education and science of the republic of tajikistan

Chapter 1. The concept and meaning of the interpretation of the norms of law.

§ 1. The concept of interpretation of law.

The term "interpretation" has many meanings. Interpretation is understood as any cognitive process aimed at explaining the phenomena of nature or social phenomena. In the narrower sense of the word, interpretation refers to explanations of expressions, formulas, symbols, i.e. signs of a natural or artificial language. This term also refers to the set of meanings that are given to signs of a natural or artificial language. Thus, the interpretation is understood, on the one hand, a certain mental (cognitive) process aimed at explaining the sign system, and on the other – the result of this process, expressed in a set of statements of natural language.

In legal science and practice, the term " interpretation of law (or law)”. On the one hand, it denotes a certain intellectual and volitional activity to establish the true content of the norms of law in order to implement them. On the other hand, interpretation is understood as the result of a thought process that is recorded in a set of linguistic statements that reflect the content of the norms of law.

Interpretation of law is a special type of legal activity for the disclosure of the semantic content of legal norms, which is necessary in the process of both lawmaking and the implementation of law. The interpretation of law takes place in cases where, in the course of legislative and law enforcement activities, various legal situations arise that require clarification and clarification of the exact meaning and content of the prescriptions of legal norms. Of particular importance is the interpretation of the norms of law in law enforcement, since it is carried out by the competent State authorities.

The interpretation of law is a specific activity. Its specificity is due to a number of factors: first, this activity is related to the interpretation of legal acts, i.e. the object of interpretation is law; second, the interpretation of law is a necessary condition for legal regulation; third, in cases established by law, this activity is carried out by competent state bodies; fourth, the results of interpretation, which are mandatory, are fixed in special legal (interpretative) acts.