Kostyuk O. M. Theoretical foundations ofs classification official interpretations of legal science
The paper studies the system of scientific approaches to the problem of classification the normative interpretation, the variety of which can reveal the essence of his species. In the academic literature for many years there is a view that the normative interpretation is divided into an authentic and legally, and in the scientific literature – are increasingly common position that such a classification does not correspond to modern conditions of the legal system.
Analyzed the criteria for dividing normative interpretation of authentic and legality. Found that exercise can only authentic interpretation of the authority that issued a legal act (for example, the Parliament of Ukraine, President of Ukraine, the Government of Ukraine and others). So many subjects authentic interpretation. Relatively delegated interpretation, the subject composition of this type of interpretation is also numerical. Therefore, the selection as a criterion for distinguishing the normative interpretation of authentic and delegate – the subject does not correspond to the nature of these species.
It was found that the criterion for distinguishing the normative interpretation of authentic and delegate – has character interpretation of competence. Authentic interpretation of the subjects carried out within its competence, and delegating – in the exercise of delegated authority.
The time has come the need for a clear role of the judicial authorities in the implementation of the normative interpretation. And stand out among the subjects of the legal interpretation of the executive and the judiciary does not appear to be correct. We believe that for the legal status of public authorities normative interpretation is classified into: legislative, executive, judicial and municipal. Local governments are not only trying to find out the content of legal acts, but also to clarify the municipal legal acts.
By the number of subjects is necessary to distinguish the individual (eg, the President) and collective (the Constitutional Court of Ukraine) normative interpretation.
In legal science scientists have identified a way – as one of the criteria for distinguishing the types of interpretation. We believe that the authorized entities carrying out normative interpretation, use a variety of ways. Accordingly, the method of normative interpretation should distinguish on: grammatical, logical, systematic, historical and political, teleological, functional, semantic, specially-legal.
In terms of normative interpretation could be: literal, expansive and restrictive. Based on analysis of the views of scientists, the author suggested his own vision classification normative interpretation.
Key words: normative interpretation, classification, subject of interpretation, methods of interpretation.
