Khovantsev A.S. —
Implementation of reference norms of law: theoretical and practical aspects
// Law and Politics. – 2024. – ¹ 9.
– P. 68 - 78.
DOI: 10.7256/2454-0706.2024.9.71671
URL: https://en.e-notabene.ru/lpmag/article_71671.html
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Abstract: The article deals with the features and problematic aspects of the implementation of the reference norms of law. The use of reference norms is aimed at the implementation of dispositive rules permitted by the state and presented within the established limits and sizes. To date, the current legislation contains a significant number of reference rules of law. Therefore, it is of scientific interest to conduct research within the framework of the process of their actual implementation in public and legal life. At the moment, there are various processes and ways to implement the reference norms of law into legal reality. The reference norms have received their direct embodiment and effect in four classical forms of law: observance, execution, use and application. Based on this, the subject of scientific research is the reference norms contained in normative legal acts and the direct implementation of law enforcement activities. Dialectical, logical, comparative legal and formal legal methods of cognition are used as research methods. The novelty of the research is predetermined by the understanding of reference norms as a legal phenomenon, the disclosure of the specifics of their implementation, and the identification of problems in law enforcement. The author comes to the conclusion that the implementation of reference norms consists in influencing the will and consciousness of participants in legal relations in order to encourage them to behave in accordance with the reference prescriptions and achieve certain results in which the law-making subject is interested. Attention is drawn to the fact that sometimes law enforcement officers misunderstand the reference norms of law, confusing the latter with blank prescriptions, or perceive reference and declarative norms as synonymous concepts. In conclusion, it is summarized that the systemic connection of reference norms with other legal regulations reflects the specifics of the relationship between them, which, on the one hand, ensures the achievement of the required effectiveness of legal provisions, and, on the other, eliminates their inconsistency.
Dudko G.N. —
The genesis of the casual interpretation of legal norms
// Genesis: Historical research. – 2024. – ¹ 8.
– P. 11 - 22.
DOI: 10.25136/2409-868X.2024.8.71363
URL: https://en.e-notabene.ru/hr/article_71363.html
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Abstract: The author examines the evolutionary development of ideas about the casual interpretation of legal norms. The subject of the study is the legal understanding of casual interpretation in the process of formation of state and legal institutions. The object of the research is scientific publications, monographs, textbooks, treatises and other historical sources containing conceptual information on hermeneutics, legal interpretation and, in particular, on the casual interpretation of legal norms. The purpose of the research is to reveal the paradigms of the emergence and causes of the transformation of views on the casual interpretation of the legal text. The coverage of the present issue determines the initial appeal to the origins of the formation of the hermeneutical methodology itself. The author focuses on such aspects of the subject as the initial object of hermeneutics; its main historical variations; the close connection between the emergence of hermeneutical ideas with the gradual transformation of society and its forms of organization; the problem of establishing criteria for the implementation of true interpretation. The methodological basis of the work consists in the application of a historical, logical, comparative and systematic approach. The result of the research is expressed in the establishment of dominant events that are significant for the formation of the concept of the casual interpretation of legal norms at various stages of the historical development of society. The novelty of the research is predetermined by an innovative view of the formation of the hermeneutics in the context of the development of legal casuistry and legal understanding of individual life situations. The author notes that the emergence of hermeneutical methodology most vividly correlates with the desire of the subject of law to use various interpretations of emerging incidents, including legal ones. The improvement of methods of interpretation of dreams, predictions, signs, and subsequently words and text led to the emergence and doctrinal formulation of the concept of casual interpretation of normative prescriptions. In conclusion, the author summarizes that today there is a similar general theoretical understanding of the casual interpretation of the norms of law as an independent type of interpretation.