Ministry of education and science of the republic of tajikistan

§ 5. Historical and political interpretation.

The purpose of historical and political interpretation is to establish the meaning of the norms of law, based on the conditions of their occurrence. Without studying the political and socio-economic significance of legal prescriptions in specific historical conditions, it is impossible to fully and deeply understand its meaning. In historical and political interpretation, the interpreter relies on the facts related to the history of the interpreted norms. First of all, it is necessary to identify the purpose for which this rule of law was issued, what is its socio-political meaning. Of great importance is the comparison of the current regulatory act with the previously existing one, and the study of the reasons for changing the relevant norms. If there is no significant difference between the conditions of the time of publication and the time of application of the law, then their study will not have a significant impact on the interpretation of the law. Historical and political interpretation is all the more necessary in conditions when the law is outdated and does not reflect the objective conditions of the time of its application.

With the help of the historical and political method, it is possible to understand the specific historical situation in which the relevant act was adopted, and which had a certain impact on its content. The use of this method is necessary in all cases where the interpretation is subject to a normative legal act that is valid for a sufficiently long period, a specific historical situation, the adoption of which may differ significantly from the conditions of its application.

History knows quite a few cases when laws adopted in some conditions, while not formally repealed, continued to operate in others, although in fact they were already "dead". For example, acts issued in the context of the Civil War, the NEP, the Great Patriotic War, which for some time "by inertia" continued to exist.