Interpretation of legal constructions as a specific stage of their legal realization

Abstract

In the current legal system, legal constructions play an important role in providing for effective interpretation of law and its further realization. That is why the author has selected the relevant information sources (scientific, normative and judicial practice), and has formulated the aim of the work (which consists in defining the interpretation of legal norms and its disclosure as a specific stage of expression of legal constructions in the law realization process) and tasks which fully reveal the subject matter of the study. Separately, the author outlines the methodological basis of the study, which consists of such methods as hermeneutic, synthesis and summarization. The author emphasizes that in the modern scientific doctrine the term “interpretation” is viewed in two aspects: as a process and as a result of activity which is set out in the relevant norms created by authorized subjects of law. It is established that while interpreting legal constructions of a text or a separate norm of law, the issue of judicial law-making is of particular importance, since their solution is much broader than a simple construction of a legal provision and serves to overcome the gaps that exist in legislation. In this regard, the author focuses on the limits of judicial law-making, and judges’ prudence and carefulness while making such interpretations of legal structures, since the structure of an interpretive act should cover various aspects of legal relations, taking into account the expanded range of legal subjects, and should be repeatedly implemented and based on the principles of human-centrism. This is especially true of the decisions of the Supreme Court, the Constitutional Court of Ukraine and the European Court of Human Rights. The author examines international case law which demonstrates the practical value of the raised issue and the need for proper construction of both legal norms and court decisions, and as a result, their interpretation and realization. On the basis of the study, the author makes relevant conclusions which represent the conceptual framework of the scientific work.