In the article we will talk about what types of interpretation are. This is a rather interesting topic, which is not given much attention. In fact, various laws, acts and norms can be interpreted in quite different ways. And it all depends on which way of interpretation you choose. Let's try to delve into this topic and study it fully.
What is it about?
The fact is that in order to correctly interpret the rules of law, you need to be well versed in them and have a deep knowledge of the basics of legislation. The choice of means of interpretation largely depends on what legal norms we are considering.
It is believed that the object of interpretation is a whole complex of various legal acts. As a subject, they consider the will of the drafter of the law, who wants to express his thought in this or that act.
Necessity
It is believed that there are several reasons for the correct interpretation. Let's list them:
- The ability to use legislative acts that are written in a common language for application inspecific life situations.
- The need to explain complex legal terms, concepts and abbreviations to ordinary citizens.
- The need to avoid complex structures and ambiguity of presentation, which, one way or another, is inherent in all legislative acts, which makes them ambiguous. This may be misunderstood and interpreted by non-professionals.
- Actions aimed at ensuring that the essence of the law corresponds to what the legislator put into it.
At the same time, I would like to note that the concept and types of interpretation are quite universal, since they are necessary in any field of activity. This allows civil servants and ordinary people to correctly understand and use certain acts. In other words, the correct interpretation allows you to develop the legal side of a person and educate him from a legal point of view.
Definition
The interpretation of law, the explanation of which we will now give, gives the most complete and deep understanding of this term. So, it is understood as the process of comprehending the essence of a legislative act, which is necessary in order to understand the meaning yourself and explain it to someone else. This term also refers to intellectual activity, which is aimed solely at understanding for oneself and explaining to another the meaning of a document.
Elements
Types of interpretation cannot be imagined without the main elements. It is believed that there are only two of them.
The first is an interpretation-explanation, which consists inthat it is necessary to state the essence of this or that document to strangers or ordinary citizens who have nothing to do with the legal side of life. There is another clarification, which lies in the fact that a person studying a particular document is trying to understand its meaning for himself. In other words, one could say that clarification is an explanation for oneself.
Note, in order to better understand the essence of this or that act, it is very useful to explain it to someone else. All this comes from pedagogy, because such activities allow you to better understand the relationships between what you have just learned.
Ways
There are several ways to interpret. We will consider each of them. Before that, we note that there are quite a lot of legal acts and documents, which means that each of them must have a certain approach. That is why there are different methods. In total, four ways of interpretation are distinguished, which are based on these four pillars:
- Philology.
- Systematics.
- History.
- Logic.
So, let's look at each one in turn.
When the interpretation occurs from a logical point of view, it allows you to understand the essence of a particular legal document based on morphological and syntactic rules. In other words, we delve into the details of what words are used and how they interact in order to understand the main idea of the author. With this method of interpretation, much attention is paid to various conjunctions, participles and verbs. We are finewe know that sometimes the meaning of the whole sentence largely depends on where the union stands. And the most interesting thing is that it is changing dramatically.
Interpretation based on a systematic approach allows you to correctly structure various texts. In other words, you can try very hard to understand this or that document, but still not achieve your goal. The whole point will be that for understanding it is necessary to turn to other sources in order for them to help clarify the main idea. This method of interpretation is resorted to quite often, since this cannot be avoided in legal matters. Very often, complex scientific articles and appeals come with additional explanatory sheets that allow readers to really understand the author's train of thought. At the same time, it should be borne in mind that it is very important to use this method of interpretation, because in law there are often cases when one norm partially contradicts another, or they reinforce each other. There are times when they can only work in interaction.
Logical interpretation is that we use certain logical techniques and rational thinking in order to verify the accuracy of the statement. Most often, they resort to such methods as analysis, logical reasoning, conclusions, drawing parallels, reflections from the opposite, absurdity, exclusion of the superfluous, synthesis.
If we interpret on the basis of the historical method, we get a very complex knowledge that allows us to understand the origin and meaning of this or that document. We rely on certain knowledge and documentspast, which allow you to find the logical relationships and reasons that caused the appearance of the document. The largest role is played by various legal processes in the past, namely discussions, articles, explanatory notes, etc.
Views
Types of interpretation depend largely on the subjects who are engaged in explaining the meaning of the document. We have already said above that there are explanations and clarifications. So, the explanation can be official and unofficial. Let's talk about it in more detail.
The official explanation is that it comes from a public person or a certain authority that has special permission to convey the meaning of special acts. Moreover, he forms his thoughts in a special document, which is certified by seals and is intended for a certain circle of people. In this case, the interpretation can be normative and personal. The latter is also called casual.
Normative means that we describe the meaning of the document based on general cases. That is, we consider the general situation, which is only a typical example. It does not involve any specific legal rules. Personal or casual interpretation is that the document is explained on the basis of the specific case in which it is applied. The main purpose of this interpretation is to understand how a particular document can help in solving a specific problem.
Unofficial interpretation
Interpretation of the treaty can take place informally. What does this mean? This means that the interpretation is not binding from a legal point of view, that is, it may be in the nature of a personal interest. This means that an attorney, jurist, judge, or other representative of the law may orally or in writing explain any amendment or article.
In turn, the unofficial interpretation is divided into three more types. The first kind is the usual explanation. It lies in the fact that a person who, by his professional activity, is connected with state acts, can explain this or that document in the circle of his family or friends. The next view is a professional interpretation. It is given by professionals in their field, their activities are recorded by relevant documents. This includes consultations of lawyers, lawyers, etc. Also, the interpretation can be research. This means that it is used in various books, monographs, etc.
Interpretive acts
Very often they contain enough information to understand the meaning of a particular document. In fact, interpretive acts are synonymous with interpretation. The fact is that they contain very detailed information on any issue, but do not contain various complex terms that only complicate perception. Such acts are divided according to some criteria:
- Ways of official interpretation. Note that if this is a normative interpretation, then it is given by the supreme authorities. Interpretations of a personal nature are given by local and administrative authorities.
- Legal essence. Documents are defined that allow you to create additional acts and use them. This is their legal essence.
- Strength. The legal force is different for the official and unofficial interpretation. Documents of official interpretation include various resolutions and decrees from public authorities. Unofficial interpretation documents include various textbooks, comments, explanations, etc. All this does not have sufficient legal force to be taken into account in a particular process. The value of such a statement depends largely on the authority of the person who provided the clarification, as well as on the level and quality of the arguments presented.
Rules
The interpretation of the Constitution of the Russian Federation takes place according to certain rules, which also apply to the interpretation of various documents and acts. Consider the basic rules:
- Various specialized terms of a technical or scientific nature are given the interpretation they have in their native field of knowledge, unless otherwise specified in the law.
- The interpretation of norms should be based on strict adherence to the literary language. So, all words should be interpreted based on their real meaning, without distortion and conjecture. An exception may be if the legal act specifies the specifics of how one or another term should be used.
- If an authorized person or a special official state authority has already given an explanation to one or anotherlaw, then you must follow this interpretation and take into account its force in your practice.
- If there is any difficulty in interpretation, then you should choose the fairest option that can correspond to the main idea and the general rules of the legal system.
- It is very important to take into account other acts with which the student is in close relationship. You should also take into account various international documents and classical scientific views on a particular issue, and an explanation of specific terms.
- In some cases, it is necessary to separately establish the motives that led the author when creating this or that position.
Note that in addition to all the above rules, it is also very important to take into account generally accepted legal norms, which are enshrined in documents of the highest level. Interpretation is a synonym for interpretation, which is why it is worth paying great attention to how accurately and clearly the legislator's thought will be conveyed. It is very important not to add personal views and points of view when explaining.
Result
The interpretation of the contract is designed to produce a certain result. It most often consists in the fact that we can use the norms of a certain document in order to solve a specific situation. In other words, the effectiveness depends on whether we were able to apply the text in order to protect our interests and prove the case. As we know, the types of interpretation include official and unofficial clarifications. So, in order to get the best result, it is better to contactofficial sources of interpretation. They will allow you to explore the document in more detail, study it in conjunction with other acts and make the most of key provisions. At the same time, we note that the specialist who interprets the document must explain it not only literally, but also broadly. In other words, he must not only convey the essence of the document, but also explain to citizens what is the point of this, how it will affect legal relations and what consequences it will have.
At the same time, we note that the result of interpretation depends on a number of reasons, but not the last place among them is the technical and legal design of the text, as well as the quality of the professional training of the person who formulated the document.
As you can see, the types of interpretation can be very different. It all depends on who deals with this issue, what powers it has and what goals it pursues. Ordinary citizens, when solving standard problems, it is better to turn to lawyers and lawyers who can provide a simple and uncomplicated interpretation of terms. In exceptional cases, when situations are really large-scale, it is better to turn to official sources, which are represented by the highest authorities.
It is not recommended to try to figure out complex issues of this level on your own, because this will most likely lead to the fact that you are completely confused and confused. While you are doing this, you will lose precious time that could help in solving this or that problem.situations. Always remember that the state provides a reliable legislative framework that allows you to regulate conflicts at any level and peacefully resolve any disputes that arise.
