The issue of authentic interpretation: current state of research
Kostyuk O. M. The issue of authentic interpretation: current state of research
Problem relates to the authentic interpretation not investigated in the domestic legal science and contains many contradictions.
Authentic interpretation - a clarification of the legal act authorized subject to rulemaking, which he accepted. Authentic interpretation clarifies the content of regulations, is auxiliary and can’t be used separately from the legal act that is interpreted.
The article analyzes the value of authentic interpretation of the rule-making. The author notes that a comparative analysis of rulemaking and legal interpretations proved that these types of legal interact and do not contradict each other, giving rise to some authors identify them. However, they have plenty of differences. Therefore, they identify unacceptable. The only rule which must comply with an authentic interpretation - it should not substitute rulemaking.
Authentic interpretation should not be carried out on the initiative of lawmaking bodies. Initiated legal interpretations can be executive authorities, courts (except the Constitutional Court of Ukraine), oversight agencies, local governments and other entities applying the law.
It was concluded that at present the national parliament denied the right to perform authentic interpretation. However, can make authentic interpretation in Ukraine following subjects: the President of Ukraine, the Government and other executive bodies and local authorities.
To address the need to develop an authentic interpretation of the Official interpretation Law, which provide the section "authentic interpretation". This section should determine the definition of "authentic interpretation" of its borders, a comprehensive list of authentic interpretation and requirements of intercourse authentic interpretation.
Key words: authentic interpretation, official interpretation, rule-making, the subjects of interpretation, the Constitution of Ukraine and laws.