Комкова Г.Н. Конституционные принципы взаимоотношений власти и личности: реализация в современной России

Аннотация: In clause the system of scientific knowledge in the field of interpretation of the law is considered. This knowledge is called as the theory of interpretation of the law which is a component of the general theory of law. The author pays attention to the importance of system of knowledge of interpretation of the law for jurisprudence and practice, and also for training a legal specialty. Thus it is marked, that for the modern educational literature under the theory of the law there is high degree of “making theoretic,” and existence of the big number of concepts on those or other questions. It to the full concerns also to teaching the theory of interpretation of the law where are especially important definiteness at a statement of a teaching material, its reference to practice. Subject of the theory of interpretation of the law are the general laws of interpretation of the law as one of kinds of legal activity. Their knowledge has great value as for the further development of the theory of interpretation of the law, and for practical activities in this area. Therefore the laws revealed by this theory should be considered by branch jurisprudence, and also by subjects of law-using. The important role is played also with the conceptual device of the theory of interpretation of the law. In clause it is marked, that now there isn’t, perhaps, any concept of this theory which would be treated in jurisprudence in one way. In structure of scientific knowledge of interpretation of the law the author allocates following sections: “system of theoretical knowledge of interpretation of the law,” “interpretation of the law as activity,” “object of interpretation of the law,” “subjects of interpretation of the law,” “ways of interpretation of the law,” “stages of interpretation of the law,” “results of interpretation of the law,” “certificates of interpretation of the law.” Necessity of allocation of these sections is proved and the characteristic of each of them is given. It is not necessary to allocate as independent section in the theory of interpretation of the law the questions connected with interpretation of normative contracts. The activity connected with their interpretation, doesn’t differ from interpretation of normative legal certificates. Finishing clause, the author emphasizes, that though in jurisprudence certain knowledge in the field of interpretation of the right are saved up, however, hardly there is developed enough, effectively helping in the decision of various practical problems a theory of interpretation of the law. In the given theory many contradictions and blanks are found out. For these reasons it is impossible to find clear and precise answers to a lot of pressing questions of interpretation of the law in the literature. The jurisprudence should eliminate these lacks and create the theory of interpretation of the law which would meet the requirements and could be demanded in practice.

Ключевые слова:

Abstract: In clause the system of scientific knowledge in the field of interpretation of the law is considered. This knowledge is called as the theory of interpretation of the law which is a component of the general theory of law. The author pays attention to the importance of system of knowledge of interpretation of the law for jurisprudence and practice, and also for training a legal specialty. Thus it is marked, that for the modern educational literature under the theory of the law there is high degree of “making theoretic,” and existence of the big number of concepts on those or other questions. It to the full concerns also to teaching the theory of interpretation of the law where are especially important definiteness at a statement of a teaching material, its reference to practice. Subject of the theory of interpretation of the law are the general laws of interpretation of the law as one of kinds of legal activity. Their knowledge has great value as for the further development of the theory of interpretation of the law, and for practical activities in this area. Therefore the laws revealed by this theory should be considered by branch jurisprudence, and also by subjects of law-using. The important role is played also with the conceptual device of the theory of interpretation of the law. In clause it is marked, that now there isn’t, perhaps, any concept of this theory which would be treated in jurisprudence in one way. In structure of scientific knowledge of interpretation of the law the author allocates following sections: “system of theoretical knowledge of interpretation of the law,” “interpretation of the law as activity,” “object of interpretation of the law,” “subjects of interpretation of the law,” “ways of interpretation of the law,” “stages of interpretation of the law,” “results of interpretation of the law,” “certificates of interpretation of the law.” Necessity of allocation of these sections is proved and the characteristic of each of them is given. It is not necessary to allocate as independent section in the theory of interpretation of the law the questions connected with interpretation of normative contracts. The activity connected with their interpretation, doesn’t differ from interpretation of normative legal certificates. Finishing clause, the author emphasizes, that though in jurisprudence certain knowledge in the field of interpretation of the right are saved up, however, hardly there is developed enough, effectively helping in the decision of various practical problems a theory of interpretation of the law. In the given theory many contradictions and blanks are found out. For these reasons it is impossible to find clear and precise answers to a lot of pressing questions of interpretation of the law in the literature. The jurisprudence should eliminate these lacks and create the theory of interpretation of the law which would meet the requirements and could be demanded in practice.

Keywords: