К вопросу о творческом и механическом видах официального толкования норм права

Abstract

Introduction: the official interpretation of the norms of law occupies an important place in the mechanism of legal regulation. Despite this, its system is not fully understood today. One of the elements of the system of the official interpretation of the norms of law is its individual varieties, the ideas of which can be developed and improved today. Purpose: to establish the truth in the issue of distinguishing creative and mechanical types as independent varieties of the official interpretation of the norms of law. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which are consistency, analysis, and comparativelegal, formal legal, historical. Results: the author’s position justified in the work is based on the need to develop ideas about the specific types of the official interpretation of the norms of law. This fact is confirmed by the conducted historical analysis, the high rate of development of public relations, speeches of state officials, as well as individual interpretative acts. Conclusions: as a result of the conducted research, it was found that depending on the possibility of semantic adaptation of the norms of law to the current legal situation in society, it is advisable to distinguish creative and mechanical varieties of the official interpretation of the norms of law. The motive for such a classification is the extremely rapid pace of development of public relations and the failure of the legislator to keep up with these changes. However, an essential condition for the viability of such a concept is the prohibition of the subject going beyond the semantic meaning of the specific legal norms.