Authentic interpretation: concept, meaning of law and application

Authentic interpretation is one of a number of existing types of interpretation. There are two main forms: normative and casual. The first category is divided into authentic and legal interpretation. Each option provides a certain scope of functioning in law.

Normative interpretation

The concept implies the most formal explanation, which is used in most acts. The option is mandatory for everyone, it must be used when it is provided for the topic being explained. Thus, a common understanding of all the described rules of law is achieved.

Authentic interpretation is a type of normative.

The latter is necessary in order to avoid the usual mistakes when the independently treated text contains serious flaws. They are implemented due to incorrect wording, unclear presentation. For this reason, there is a different understanding of this or that individual.

Features and examples

A distinctive feature of the normative, respectively, and the authentic interpretation of the rule of law is that it is used in normative legal acts that are adopted by various bodies or officials.

For example, the President of the Russian Federation uses such an explanation in acts where his decree is interpreted, and the Government does the same with decrees and orders. Such forms are applicable to all, and it is important that they are relevant only when superimposed on an original decree or order.

Another example may be the decisions of the Plenum of the Supreme Court of the Russian Federation on the necessary categories of cases. This is necessary to give more legitimacy to legal proceedings. There are also such acts, which are instructions that help to understand how to apply certain legislative decrees.

Subjects of Authentic Interpretation

These include:

1. Legislation. It contains all the components of this branch of power. The State Duma and parliaments often do not use the method of interpretation of all adopted laws. If, nevertheless, the process is completed, then the explanatory acts are positioned as laws.
2. The president. In this case, all results of an authentic interpretation are published in the form of decrees.
3. Government, regional administrations (subjects use the method of interpretation even less often, even less often than parliaments; they use various decrees and orders as an explanation).
4. Departments. It is worth noting that they also have the right to clarification, but this practice is very rare among these entities.

Authentic interpretation of the rule of law is carried out by state bodies. It is a special kind of explanation of the rule of law that is performed by a specific authority or official. This kind of interpretation is in the nature of a thorough explanation of all aspects of legal acts, and this practice is necessary and mandatory for those who must apply it. The view is the most common, as it is more understandable to everyone. In addition, it helps fill serious gaps in the legal system.

The properties

This kind of explanation has a number of its properties that distinguish it from other types:

1. Obligation is above all: if a representative of the authorities uses an authentic explanation of norms and decrees, then he has no right to ignore acts of this type. They are important because they help to make all necessary actions right. Even comparing the judicial and authentic interpretations of law, the nature of the latter has the highest degree of obligation for all who must abide by it.
2. The main purpose of such an act is the analysis of all data, the most objective one, in order to identify all existing shortcomings. This is necessary in order to prevent similar shortcomings in the future.
3. The main details of the authentic interpretation are similar to the definitions of lawmaking. Some of them are difficult to distinguish in meaning, as the result are certain provisions of a concretizing nature, in which completely new moments can be used.
4. Such explanations help in the process of lawmaking, as they complement the embedded meaning in the interpreted legal act. In other words, there can be no second without one concept, and vice versa.
5. All explanatory acts have their own hierarchy. Moreover, the place of a particular case is determined by the position of a certain body in the entire system of the state apparatus.

The importance of such acts is high, since they have an important role, contributing to a greater understanding of legal provisions.

Legal

The legal (permitted) interpretation is also a way of explaining all the rule of law, but it occurs exclusively at the expense of the body that is authorized to do this, but for it such a rule has not been established. All acts are valid only on those individuals who are in the jurisdiction of the body. Otherwise, it makes no sense. For example, the Constitutional Court of the Russian Federation is authorized to provide explanatory acts. It is also spelled out in the Constitution of the Russian Federation.

In general, the interpretation of the Supreme and the Higher Arbitration Courts is important for the entire legal proceedings. The need for this is explained by the fact that it is necessary to resolve issues related to the use of legislative forces during the consideration of specific cases. Basically, under the category of interpreted cases fall those in which mistakes and ambiguities are often made, and also raise doubts from the judicial authorities.

Legal clarification is often applied to the judiciary, and therefore is mandatory in their activities. It may apply to other bodies, provided that the latter have become direct participants in the proceedings.

Examples

An example of legal interpretation is expressed through the Instruction of the Ministry of Internal Affairs of Russia, which was adopted by order of the Minister of Internal Affairs No. 300 of July 16, 1993. This act explains the whole point of such norms in order to achieve their best application in the system of the Ministry of Internal Affairs. This provision helped to prevent many mistakes in lawmaking.