Problems of implementation of legal technique requirements and their influence on interpretation process
Authors: Antoshkina Valerya 
Published: March 2020

The current stage of domestic law development is very dynamic. It is characterized by the formation of completely new concepts and approaches to the regulation of certain relations and, accordingly, by the adoption of significant regulatory material in a short time. Without a deep understanding of the content of the legal norms, their effective implementation is impossible. It is still the reason that the interpretation of law is recently being paid increasing attention, particularly in this paper. In it the author set as a purpose to determine the influence of legal technique on the interpretation process.

The beginning of the article identifies the causes, factors and conditions that make it necessary to interpret legal rules, with the separation of objective and subjective ones. These include the general abstract nature of the norms, the extension of their effect to a large number of subjects and situations, while the need for comparing the general norm with the particular situation; the diversity of situations and interests of persons implementing the rules of law; the emergence of new relationships that did not exist at the time of the adoption of regulations, but which require legal regulation; linguistic-logical external form of norms, special legal terminology usage; awareness and intellectual, moral level of the subjects who implement the norms, etc.

The author notes that one of the factors of the imperfection of the current legislation, which leads to its complicated understanding, is the neglect of the rules of lawmaking technique. In fact, professional law-developers lawyers have been excluded from this process. In such a situation, legal expertise and the principle of systematic regulation of social relations are neglected. Lawmaking technique in Ukraine is essentially ignored by participants of the legislative process. Also, interpretation sometimes reveals various deficiencies that occur in the system of legislation (eg, gaps in law, competition of rules, legal conflicts).

The article briefly covers the main provisions on the essence of legal technique, its rules, ways and types, structural elements, form of existence. The toolkit of legal technique and legal technology is compared.

The normative legal acts that have been adopted in our country for the last fifteen years and which contain the rules for creating legal acts of different levels, (mainly in the form of Methodical Recommendations) are analyzed.

The paper states that the technique of interpretation of legal norms is one of the varieties of legal technique and covers a system of means, rules, ways, methods of interpretation. In this case, the technical-legal interpretation tool is divided into: 1) proper technique for interpreting the legal norms: technical means (texts of normative documents, scientific literature, computer equipment, devices, etc.); 2) technology of legal norms interpretation: ways, means, methods that are intangible.

Also within the framework of such a problem the author identified the problem of adherence of the technique of making qualitative interpretative acts. For this purpose, it is proposed to provide an appropriate level of technical-legal knowledge of interpreters - the ability to operate theoretically and practically the categories of interpretive techniques, knowledge of the culture of thinking and the art of logical analysis, knowledge of the general laws of analysis and the ability to correctly implement in writing and oral forms. Another factor of the effectiveness of such a process is the establishment at the legislative level of rules and requirements regarding the legal nature and technique of legal norms interpretation acts.