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On General Principles of Law and Judicial Interpretation
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On General Principles of Law and Judicial Interpretation
Annotation
PII
S1605-65900000622-5-1
DOI
10.12737/jrp.2023.033
Publication type
Article
Status
Published
Authors
Tatyana Neshataeva 
Occupation: Judge of the Court of the Eurasian Economic Union; Head of the Department of International Law, Russian State University of Justice
Affiliation:
Russian State University of Justice
Court of the Eurasian Economic Union
Address: Moscow, Russia; Minsk, Belarus
Edition
Volume 27 No. 3
Pages
113-125
Abstract

The article deals with the general principles of law as the basis of the international legal system and national legal systems. The nature and origin of the principles of law are investigated. The author proceeds from the fact that a principle is an imperative rule, a deviation from which is impossible (jus cogens), formulated in a normative form with the greatest degree of generalization and extending its protective effect to the legal system in which it operates as a whole. The principles relate to the universal rules of human behavior, manifested and developing since the appearance of the first human societies. The emergence, development and verbal formalization of the principles takes place in a practical way through gradually developing ordinary rules revealed by judicial practice. The principles have a formative effect on the law, the legal system, including through their use by judicial authorities. An important regulatory function of the general principles of law is that they serve as a means of interpreting all other norms of the legal system, taking into account their imperative nature.

The author also reveals the topic of interpretation as the activity of the court to establish the content of the norms of law for their uniform practical implementation. Judicial interpretation is intended not only to clarify the content of the norm as an element of the legal system, but also to determine how it should be applied in the specific conditions of the dispute case, which are specific and different each time. For this purpose, three main types of interpretation are consistently used — grammatical, teleological and logical-systematic. Subsequently, perhaps, the court's decision will join the general flow of judicial practice and it will become uniform. Then such a judicial rule will serve to create new or cancel outdated legal regulations: the judicial position will serve the cause of the development of law. The practice of applying various types and methods of interpretation is analyzed on the example of the activities of the Court of the Eurasian Economic Union.

Keywords
principles of law, sources of international law, UN International Law Commission, Court of the Eurasian Economic Union, interpretation of a rule of law, judicial position
Date of publication
15.03.2023
Number of purchasers
12
Views
195
Readers community rating
0.0 (0 votes)
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References



Additional sources and materials

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