Известия высших учебных заведений. Поволжский регион: Общественные науки (Jun 2020)

OPTIMIZATION OF LEGAL INTERPRETATIVE ACTIVITY AS A FACTOR OF DEVELOPMENT OF THE LEGAL SOCIETY SYSTEM

  • A. V. Mal'ko,
  • E. M. Terekhov

DOI
https://doi.org/10.21685/2072-3016-2020-2-3
Journal volume & issue
no. 2

Abstract

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enforcement, and its acts of interpretation of law sometimes draw attention even to legislators. However, legal interpretative activities, unfortunately, are not without problems that undermine its authority and practical significance. In such situations, it is appropriate to talk about the need to optimize Legal interpretative activities, which will maintain its quality at a high level. The purpose of the work is to analyze the need for optimization of legal interpretative activities and propose a system of criteria that indicate this. Materials and methods. The implementation of research tasks was achieved through the use of legal acts of judicial authorities, which set the vectors for the implementation of legal interpretative activities and, at the same time, allow us to identify difficulties that reduce the quality of law interpretation. In carrying out the work were used the following methods of scientific knowledge: formal-legal analysis, modeling. The use of the formal legal method allowed us to form the concept of legal interpretative activities. The use of the analysis method allowed us to identify the need to optimize legal interpretative activities. The use of the modeling method allowed us to propose a system of criteria indicating the need for optimization in specific areas of law-interpret activities. Results. The author studies the concepts of legal interpretative activities based on which the author’s vision is proposed; analyzes the legal acts of the judicial authorities of the Russian Federation, which indicate the presence of contradictions in legal interpretative activities; suggests the author’s system of criteria that justify the need to optimize law-interpret activities. Conclusions. The study of judicial legal acts of higher and lower courts testifies to the periodically arising problems in legal interpretative activities that require not episodic, but systematic solutions. For this purpose, it is necessary to develop and implement specific criteria, the appearance of which will indicate the need to optimize legal interpretative activities. This will ensure the effective, and most importantly stable, functioning of the legal system of society, since timely overcoming of problems should be preceded by their timely identification.

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