Ministry of education and science of the republic of tajikistan

§ 3. Informal interpretation.

Informal interpretation is the interpretation of norms by individual users (citizens, legal entities), it is of a private nature and is not legally binding. Its strength lies only in the depth of its analysis, in its persuasiveness and validity. Informal interpretation is divided into ordinary, professional and doctrinal. Ordinary interpretation is given by citizens. Its accuracy depends on the level of legal awareness of the subject. Its significance for law enforcement activity consists in the manifestation of the legal consciousness of a wide range of legal subjects. Moreover, the state of legality largely depends on the nature of this “everyday “ interpretation, because it is the basis for the legal activity of citizens, their lawful behavior. Professional (or competent) interpretation of legal norms is given by legal experts. The criterion for distinguishing this type of interpretation is not the degree of knowledge of law, but professional activity. This is, for example, the interpretation carried out by a prosecutor or a lawyer in a court case. Its results are not mandatory for the court, but the need for the activities of these participants in the process is fixed by law. The doctrinal interpretation is made by legal scholars, specialists in the field of law in monographs, scientific commentaries, articles, etc. The results of the doctrinal interpretation are published in special collections containing scientific and practical comments on the legislation in force in a particular area.

Thus, we have obtained the following conclusions:

1. The types of explanations of legal acts differ depending on the subjects performing the interpretation.

2. The official interpretation is given either by the body that issued the act (autentic), or by the bodies charged with the duty to interpret the laws (legal). Acts of official interpretation are mandatory for law enforcement officers.

3. Informal interpretation is not legally binding. There are ordinary interpretations given by citizens, competent interpretations given by people who are knowledgeable in law (specialists), and doctrinal interpretations given by scientists who conduct research in this area.

4. Depending on the scope of the acts, there is a distinction between normative and casual interpretation. The normative interpretation is abstract and applies to an indefinite range of persons and cases. The casual interpretation is designed to solve a particular case.