A systematic interpretation of law is a type of interpretative legal practice consisting in establishing the meaning of legal requirements. It follows from the property of systematic legal norms and allows you to establish legal ties that exist between specific rules of law .
A systematic interpretation is recognized by all lawyers, but is not always understood unambiguously.
Content
Types of functional relationships considered in a systematic interpretation
In a systematic interpretation, relationships of interdependence, interaction, complementation, refinement, adjustment, limitation, exclusion, and definition may be taken into account.
The relationship of the interpreted norm with the norm-definitions
It is required to establish the presence in the system of law of norm- definitions for terms that are in the interpreted norm, to identify the relationships between these norms, to check the accuracy of the correlation of the norm-definition to the text of the interpreted norm.
Relationship of Interpreted Norms with Operational Norms
It is required to establish the abolition of existing legal norms, the extension of their effect to another circle of social relations , the extension of the norm for a different validity period.
Linking Articles
In the case of partial reflection in the article of the elements of the norm, it is required to establish the existence of reference norms.
Relationships between general and special rules
Relationships of general and exclusive rules
Links of blanket rules
Security standards of a blanket nature are those that establish liability for violation of any other norms of a certain kind (for example, for violation of sanitary and epidemiological rules , etc.). Unlike reference norms, they do not indicate a specific regulatory legal act, its unit (article, etc.).
Literature
Cherdantsev A.F. The interpretation of law and contract - M .: Unity-Dana, 2003. - 381 p.