Interpretation of legal norms: system approach

In this article one of components of methodology of knowledge of the legal phenomena a system (system and structural) method as the direction in methodology of scientific knowledge which cornerstone consideration of objects as systems which focuses researches on disclosure of integrity of an object, on identification in him diverse types of communications and their data in a uniform theoretical picture is is analyzed. Without agreeing with opinion V.M. Syrykh that "the attention to system approach as to a method of a research weakens and he even casually isn't mentioned by a considerable part of the authors writing about problems of a method of the general theory of the right", will notice that, on the contrary, system (system and structural) approach by scientists is used for the solution of various scientific teoretiko-legal problems. Noting the potential of this method for the solution of various political and legal problems, it is emphasized that as complete system education, having a hierarchical order, it is necessary to consider the ways of interpretation of legal norms used for explanation of true will of the legislator, i.e. the system of uniform receptions and rules by means of which the contents of legal instructions are analyzed, the sense of all components of rule of law and the regulatory legal act in general and other acts of law-making (contracts of normative content, standard judgments) is revealed. Ignoring of this or that way of interpretation with inevitability can lead to not true conclusions about will of the legislator and, eventually, to violation of legality. It is claimed that a set of these or those ways of interpretation needs to be applied consistently, observing the sequence established by jurisprudence. In other words, here it is about appropriate levels at which certain ways of interpretation of the right have settled down. According to the author, the sequence of ways of interpretation of rules of law has to be such: grammatical, logical, special and legal - ways which investigate the legislative text in which the interpreted norm is expressed; systematic - operates with materials of other norms, the system of the right in general; historical and sociological - information sources, external in relation to legal system. The attention on not only the theoretical, but also practical importance of the considered problem because the solution of the methodological problems concerning system approach of interpretation explanation of the rules of law considered in this scientific article will promote rationalization of interpretative activity of the lawyer, efficiency of law-enforcement activity, legal regulation in general, to strengthening of law and order and mode of legality in the country is paid.

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