Authentic interpretation is one of a number of existing types of interpretation. There are two main forms of it: normative and causal. The first category is subdivided into authentic and legal interpretation. Each option provides for a certain area of functioning in law.
Normative interpretation
The concept implies the most official explanation, which is used in most of the acts. The option is mandatory for everyone, it must be used when it is provided for by the topic being explained. Thus, a common understanding of all the described rules of law is achieved.
Authentic interpretation is a type of normative.
The latter is necessary in order to avoid the usual mistakes, when the text interpreted independently contains serious shortcomings. They are implemented due to incorrect wording, unclear presentation. For this reason, there is a different understanding of this or that individual.
Features andexamples
A distinctive feature of the normative, respectively, and authentic interpretation of the rule of law is that it is used in legal acts adopted by certain bodies or officials.
For example, the President of the Russian Federation uses such an explanation in acts where his decree is interpreted, and the Government does the same with resolutions and orders. Such forms are applicable to everyone, and it is important that they are relevant only when they are imposed on the original decree or order.
Another example would be the Resolutions of the Plenum of the Supreme Court of the Russian Federation on the necessary categories of cases. This is necessary to give more legitimacy to legal proceedings. There are also such acts, which are instructions that help you understand how to apply certain legislative decrees.
Subjects of authentic interpretation
These include:
- Legislation. It contains all the components of this branch of government. The State Duma and parliaments often do not use the method of interpreting all adopted laws. If, nevertheless, the process is carried out, then the explanatory acts are positioned as laws.
- President. In this case, all the results of the authentic interpretation are made public in the form of decrees.
- Government, regional administrations (subjects even less often use the method of interpretation, even less often than parliaments; as an explanation, theyuse various ordinances and orders).
- Departments. It is worth noting that they also have the right to explain, but this practice among these subjects is very rare.
Authentic interpretation of the law is carried out by government agencies. It is a special kind of explanation of the rules of law, which is performed by a specific authority or official. This kind of interpretation is in the nature of a thorough explanation of all aspects of legal acts, and this practice is necessary and obligatory for those who must apply it. The view is the most common, as it is more understandable to everyone. It also helps fill serious gaps in the legal system.
Properties
This type of clarification has a number of properties that distinguish it from other types:
- Compulsory - above all: if a representative of the authorities uses exactly the authentic explanation of norms and decrees, then he has no right to ignore acts of this type. They are important because they help to make all the necessary actions correct. Even comparing judicial and authentic interpretation of the law, the nature of the latter has the highest degree of binding on all who must abide by it.
- The main purpose of such an act is to analyze all the data, and the most objective, in order to identify all existing shortcomings. This is necessary to avoid such shortcomings in the future.
- The main details of the authentic interpretation are similar todefinitions of lawmaking. For some, it is quite difficult to distinguish them in meaning, since the result is certain provisions of a concretizing nature, in which completely new moments can be used.
- Such explanations help in the process of lawmaking, as they complement the embedded meaning in the interpreted legal act. In other words, without one concept, the second cannot exist, and vice versa.
- All explanatory acts have their own hierarchy. Moreover, the place of a particular case is determined by the position of a certain body in the entire system of the state apparatus.
The significance of such acts is high, as they play an important role in contributing to a greater understanding of legal provisions.
Legal
Legal (permitted) interpretation is also a way of explaining all the rules of law, but it occurs solely at the expense of the body that is authorized to do this, but such a rule has not been established for it. All acts are valid only for those individuals who are in the jurisdiction of the authority. Otherwise, it doesn't make any sense. For example, the Constitutional Court of the Russian Federation is authorized to provide explanatory acts. This is also spelled out in the Constitution of the Russian Federation.
In general, interpretations by the Supreme, Supreme Arbitration Courts are important for all legal proceedings. The need for this is explained by the fact that it is necessary to resolve issues related to the application of legislative powers during the consideration of specific cases. Basically, under the category of interpreted cases fallthose in which errors and ambiguities are often made, and also raise doubts on the part of the judiciary.
Legal clarification is often used in relation to the judiciary, therefore it is mandatory in their activities. It may apply to other bodies, provided that the latter have become direct participants in the proceedings.
Examples
An example of a legal interpretation is expressed through the Instruction of the Ministry of Internal Affairs of Russia, which was adopted by order of the Minister of Internal Affairs No. 300 of July 16, 1993. This act explains the whole meaning of such norms in order to achieve their better application in the system of the Ministry of Internal Affairs. This provision helped prevent many mistakes in lawmaking.
