Ministry of education and science of the republic of tajikistan

§ 2. The essence and meaning of the interpretation of law.

The essence of interpretation as a specific activity lies in the peculiarities of the law itself as a social phenomenon. These properties are such that they require interpretation. This is normativity, general obligation, consistency, formal certainty, state compulsion.

An essential feature of the norms of law is their general and abstract nature( normativity), the extension of their action to a wide range of subjects and situations. At the same time, the norms of law are implemented in specific actions of subjects, applied to specific situations . In the course of interpretation, general and abstract norms are translated into the language of specific statements that do not raise doubts about the relevance of the interpreted normative act to the situation that is subject to legal resolution. The individuality of relations, cases, and subjects gives rise to questions in the process of applying the norms of law to them, which can only be answered by interpretation.

The need for interpretation is also due to the peculiarities of the external design of the norms of law. A legal act is a thought of the legislator, and any thought cannot exist without a material shell. With the help of language, it takes on a material, sensually perceived form, becomes an immediate reality.

The mandatory interpretation of normative acts is also caused by the use of special legal terms or terms of other branches of knowledge that have no analogues in everyday speech. The peculiarities of the formulation of proposals containing a rule of law also determine the need for interpretation. The need to interpret the law may also be caused by possible contradictions between its form and content. In such cases, interpretation is a condition for knowing the true content of legal prescriptions. The need to interpret the rules of law arises from their systematic nature. Legal acts regulate public relations not in isolation from each other, but together, and there are certain connections between them. The actual content of the rules of law largely depends on other, logically related rules. They can narrow or expand the content of the interpreted norm.

Interpretation of the law is also necessary because of the contradiction between the formal nature of legal norms and the dynamics of social relations. Due to formal certainty, legal regulations remain unchanged, while public life is constantly changing. Therefore, quite often the law is applied in conditions that have changed significantly since its publication .

To determine whether this normative act is understandable, you need to understand it, understand it, and interpret it.