Abstract

The purpose of the work is to study the legal nature of doctrinal interpretation, its content and meaning as an independent type of interpretation of law. It is noted that the term «doctrinal interpretation» was given different meanings at different stages of the development of Russian legal science. In the XIX — early XX century, doctrinal interpretation was understood as an interpretive activity performed by persons applying the law. In Soviet legal science, it was mainly understood as a scientific interpretation coming from researchers and specialized scientific institutions. The article analyzes the main approaches to understanding doctrinal interpretation, shows the main classifications. Attention is drawn to the fact that the legal definition of the doctrine given in the texts of normative acts and the definitions contained in scientific research differ significantly. As an innovation, it is proposed to distinguish primary and secondary doctrinal interpretation. The primary doctrinal interpretation is carried out by scientists, scientific collectives, and it exists regardless of whether the results of this interpretation are in demand in the future in practice. The secondary takes place when the results of the primary doctrinal interpretation are demanded by law-making or law enforcement practice.

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