Abstract
The purpose of the article is a comprehensive analysis of the issue of the judge’s interpretive activity from the standpoint of the judge’s cognition in such a process of unchangeable dualism of the factual circumstances of the case and the norm of the law. To achieve this goal, such methods as dialectic, comparative, formal-logical, communicative and phenomenological was used. The article deals with the approach according to which the judge's interpretive activity during professional occupation is a necessary method of specifying the content of abstract, relatively defined legal norms; and these norms become applicable in solving certain debatable questions. It is concluded that the judge creates the search for the best solution of a particular legal position. Reconciling the uniqueness of the law case and the formality of the legislative provisions resolving case is impossible without interpretive activity. One of the peculiarities of the dynamics of the interpretive activity of the European Court of Human Rights is its intellectual and creative nature; mechanical transformation of the norms of law into individual acts and "stereotype" application of previous court decisions are not admissible. The judge's interpretive activity combines rational-technical and existential-semantic levels, which necessitates a high level of personal and professional maturity of the judge. The problem of interpretation is not only technical skills in legislative provisions; it covers an important "standpoint" of the reality based on the professional experience and legal consciousness.
Highlights
The uniqueness and originality of the specific factual circumstances of the case and the formality of the general provisions of the law, which are applied by a court in the solution of this case, are impossible without the interpretative component
The ability of a legislative norm to change with a change in social relations is a basic feature of its effectiveness and determines its ability to act as a reliable regulator of social relations
An experienced judge finds a "middle ground" between the formality, the generality of the law, and the individual, special features of a particular case, which is the most important point in a judge's knowledge: to interpret the general legislative norm taking into account the special features of a particular situation
Summary
The uniqueness and originality of the specific factual circumstances of the case and the formality of the general provisions of the law, which are applied by a court in the solution of this case, are impossible without the interpretative component. The role of the judge in the application of law is that, interpreting the abstract norm of law, he / she simultaneously acts as the creator of its meaning in each case, "here and ". It is the intellectual component of the interpreter-judge in the procedure of application of the legal norm is a decisive factor, and his/her thinking is the key mechanism that makes it possible to interpret the content of the law, to evaluate the essence of the latter, its relevance in terms of a particular situation
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