Interpretation of law as the content of interpretative activity: a general theoretical characteristic

Abstract

The Paper provides a general theoretical description of the interpretation of law as the content of inter- pretive activity, in particular, its legal nature, essential features, reasons for use, and role in the mechanism of legal regulation are revealed.Attention was drawn to the fact that in every science commonly used terms can be filled with a new mean- ing, and the term “interpretation” in jurisprudence was used to denote a special type (form) of state-authority activity.The features of the main theories and legal schools formed in modern theoretical jurisprudence regarding the problems of legal interpretation are revealed, including hermeneutic, analytical, argumentative, origina- lism theory, target interpretation theory, as well as probabilistic. he conclusion that interpretation is a necessary element (attribute) of the general mechanism of legal regulation is substantiated; it is carried out both at the stage of formation of the regulatory and legal frame- work and at the stage of implementation of the law. Interpretation can be (and actually is) carried out by all subjects of law in the process of exercising their powers or rights and duties. Accordingly, the proper inter- pretation of the law is an important guarantee of the realization of subjective rights, freedoms and duties, a necessary prerequisite for legality and law and order.Attention is drawn to the fact that the law is a kind of social regulators, a system of certain norms, there- fore the interpretation of the law in the literal sense of the word means only the interpretation of the norms of the law, that is, the interpretation of those norms contained in the relevant sources (forms) of the law. When it concerns not only normative, but also other legal acts (law-enforcing, establishing-nominative, interpre- tive, then the name “legal interpretation” is more correct, and not interpretation of law. Interpretation of law should be understood as a type of legal interpretation, the object of which is there are exclusively legal norms, i.e. universally binding rules of conduct, designed for repeated implementation, regardless of the forms (sources) in which they are contained.