Interpretative Function of Rule-Making Bodies
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Interpretative Function of Rule-Making Bodies
Annotation
PII
S1605-65900000622-5-1
Publication type
Article
Status
Published
Authors
Grigorii Vasilevich 
Occupation: Head of the Department of Constitutional Law, Law Faculty
Affiliation: Belarusian State University
Address: Minsk, Belarus
Edition
Pages
54-64
Abstract

The dynamism of public life, the new challenges faced by citizens and business entities in the modern period, necessitates active rule-making activities, ensuring accurate and uniform application of legislative acts, but in practice it is not always possible to identify the unambiguous meaning of the norms enshrined in them.

The purpose of the study is to develop the doctrine of the interpretative function of normative bodies. Objectives of the study: to reveal the concept and types of interpretation of acts, the nature of acts of interpretation; to emphasize their normativity and connectedness with interpreted acts; to pay attention to the specific nature of giving explanations on individual appeals and the consequences that come in connection with this; etc.

The scientific basis of the research was the ideas and views of scientists regarding the concept and meaning of the normative legal acts interpretation. The methods used are systematic and formal legal methods, as well as the method of comparative analysis.

Official interpretation is the activity of authorized entities (state bodies, officials) to clarify the meaning (content) of the interpreted norm, which is formulated accordingly, carried out in compliance with the established procedure and is mandatory for implementation. Acts of interpretation of normative legal acts are themselves normative legal acts. The cancellation or correction of the interpreted act should entail consequences for the act of interpretation. The new " reading" (understanding) of the interpreted act through its interpretation should be linked to another problem — the enactment of the interpretation act. In a situation where, as a result of a new view of the norm, prompted by practice, the legal status of the participants in legal relations changes significantly, including the identification of grounds for legal liability, one should be guided by the established standards on non-retroactivity of the act. The issue of recognizing not only judicial but also administrative precedent as a source of law is connected with the problem of giving written official answers to individual appeals. In the context of the information society development, the accumulation of typical questions and explanations on them, posting them on the websites of the relevant authorities, accumulating them in a single database can help strengthen the rule of law.

Keywords
interpretation, clarification, interpretation of legal norms
Date of publication
12.05.2023
Number of purchasers
12
Views
161
Readers community rating
0.0 (0 votes)
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References



Additional sources and materials

1.	Ershov V. V. Legal and Individual Regulation of Social Relations. Moscow, 2018. 628 p. (In Russ.)
2.	Golovistikova A. D., Dmitriev Yu. A. Problems of the Theory of State and Law. Moscow, 2005. 832 p. (In Russ.)
3.	Khabrieva T. Y. Interpretation of the Constitution of the Russian Federation: Theory and Practice. Moscow, 1998. 245 p. (In Russ.)
4.	Pigolkin A. S. Interpretation of Normative Acts in the USSR. Moscow, 2005. 144 p. (In Russ.)
5.	Vasilevich G. A. The role of legal science in bridging the gaps, contradictions, and other defects in the legislation. Pravo.by, 2019, no. 6, pp. 33—40. (In Russ.)
6.	Vasilevich G. A., Vasilevich S. G. Abuse of the Law — Lawful Behavior or Offense? Economics. Law. Society, 2018, no. 1, pp. 17—27. (In Russ.)

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