Conformal interpretation: to determine the essence and content
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2018, Vol 29, Issue
Abstract
The article investigates scientific approaches to understanding the essence and content of the conformal interpretation. The concept of the method of interpretation is defined. It is established that the ways of interpretation are interrelated, therefore, obtaining reliable knowledge about the will of the legislator and the content of the legal norm, is possible only with the use of several ways of interpretation. Interpretation can’t violate the unity of the legal system, must avoid logical con- tradictions between the objectives of the norms interpreted and the general objectives of law, must be consistent with the legal values, adapt to the requirements of modern life. One of means in which the interpreters to resort is a conformal interpretation. The term “conformal” is not contained in the native dictionaries, therefore, it is rarely used in the area of law; instead, the notion of “conformism” is interpreted in dictionaries. The implementation of European values and standards in the national legal system of Ukraine is not limited to the fact of official recognition of relevant international legal in- struments or even their implementation in domestic legislation. One of the important ways of such an implementation is to interpret the provisions of national legislation in the context of international and European values and standards. A notable aspect in the interpretation of the interpretation is the use of the conformal method, which consists in adapting the norms of national law to the norms and principles of international law. The definition of conformal interpretation is proposed as an explanation of the content of the law in accordance with the provisions of a legal act of higher legal force, universal norms and principles of international law. The properties of the conformal interpretation are established: 1) it is a method of legal interpretation; 2) is carried out in accordance with the sources of law, which have a higher legal force (in particular, the Constitution, the Convention for the Protection of Human Rights and Fundamental Freedoms and other acts of international law); 3) takes into account their goals and objectives; 4) is realized by observing the principle of autonomy of interpretation by the interpretive body; 5) provides for adaptation to the realities of social life and general needs and interests of society.
Authors and Affiliations
Ruslana Liashenko
Keywords
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