interpretation of the rules (rule of law) is an essential prerequisite for the proper use and understanding of the law.In the absence of this condition pravorealizatsii significantly hampered, and in some cases impossible.Centuries of experience, the fate of specific individuals, as well as legal practice makes interpretation of the law (legal clarification) is absolutely necessary in today's world.
The society hosted by democratic principles, the legal clarification of the need to identify its meaning in order to ensure the proper, effective implementation in accordance with the existing regime legitimacy.
interpretation of the rules is always the activities of officials, practitioners, government agencies, individuals, non-governmental organizations, scholars and other figures.Establish the content of the disclosure is directed to the will of the legislator expressed in them.
interpretation of the rules is a process quite inevitable when the activities of arbitration and general courts, prosecutors and other government agencies in the process of concluding contracts and transactions farm structure.Legal clarification is needed in the work of public associations or parties in the implementation of legally significant actions by citizens.
Types of interpretation of the law determined depending on the base.According
legal force, classify unofficial and official explanation.
official interpretation of law is divided into judicial, and regulatory kozualnoe.
Regulatory clarification also divided on the legal (delegated) and authentic (Authentic).
informal methods of interpretation of the law are divided into ordinary and doctrine (competent, scientific, professional) explanation.
Depending on the amount of explanation can be literal (adequate), restrictive and expansion (rasprostranitelnym).
In addition, normative interpretation is now divided on the oral and written.
Bye is always carried out by officials and bodies authorized to do so.As a rule, this is accompanied by documentation of acts of interpretation, which is for everyone involved to expound the law, legal education, it usually triggers specific effects.
In the Russian Federation the official explanation of the legal representative is the responsibility of the highest authorities of the Constitutional, Supreme Arbitration, Supreme Courts, individual ministries, the Government, the Prosecutor General, the state committees and other bodies.
In contrast to the formal, informal explanation is not considered to be legally binding.Acts informal interpretation to the legal interpretation of the facts are not as coming from entities not engaged in the state, the official activities.Such an explanation can be both written and oral.One of its main features is considered to be unrelated to the power and coercion.
literal legal interpretation of (adequate) is characterized by precise rules of the relevant texts.This type of explanation is considered to be fairly common.
restrictive interpretation applied in cases where the true meaning of the rules must be understood not as widespread as it is stated in the verbal text.For example, in accordance with paragraph 3 of Article 38 of the Constitution of the Russian Federation who have reached eighteen years of able-bodied children have to take care of their parents (disabled).In the explanation, it is clear that the duty to children who are unable to work without pay.
