The Concept of Judicial Interpretation

Ignatescu, Camelia

doi:10.18662/po/2013.0404.03

Cited by 5 publications

(4 citation statements)

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“…Специфическая особенность этой дискуссии состоит, на наш взгляд, не в том, что исследователи по-разному воспринимают сам факт наличия судебного правотворчества в качестве итога правотолковательной деятельности суда, а в оценке этого факта, в признании его допустимости или недопустимости, полезности или разрушительности для правовой системы. Основой вектор критики в данном случае вполне прогнозируем и понятен: судейский активизм, приводящий к судебному правотворчеству, стирает грань между толкованием нормативного текста и формулированием нового текста [13].…”

Section: модели толкованияunclassified

Judicial interpretation of the criminal law: questions of theory

Babayev¹,

Pudovochkin

2022

Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia

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The interpretation of the law in judicial activity, as well as the search for specific features of the interpretation of the criminal law, belong to the category of topics whose relevance in modern conditions is increasing much. The contradiction between the growing criminalization and the increasing concern about the observance of human rights and freedoms actualize the status of interpretation as one of the most important aspects of legal activity, directly ensuring the rule of law in criminal law relations. In any law-making text, there are always a lot of subjective meanings, only one of which can objectively be the basis of a judicial decision. Based on the generalization of the existing approaches to understanding the interpretation of the law, two of its basic models are distinguished - the model of the presentation of the parliamentary meaning and the model of the presentation of the judicial meaning of the law. It is proved that law enforcement is determined precisely by the judicial meaning of the law, the establishment of which in the process of interpretation is a significant component of judicial legal policy. Understanding the meaning of the criminal law has a specificity being predetermined by the public nature of the branch of criminal law, this impresses the course of action of the court within the framework of the implementation of the principle of separation of powers. However, this specificity cannot consist of, as it is commonly considered to be in science, in limiting the methods of interpretation used by the court or establishing a rigid hierarchical sequence in the application of methods of interpretation. The specificity of the interpretation of the criminal law should be determined not by the methods of interpretation, but by the principles of criminal law. Their content, in turn, should be revealed through an appeal to the goals of criminal law regulation. According to the results of the study, the general approach to the interpretation of the criminal law, which being literal as a matter of priority, should combine a restrictive understanding of any legal restrictions and a broad understanding of any defenses against a charge of a crime.

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Section: модели толкованияunclassified

Judicial interpretation of the criminal law: questions of theory

Babayev¹,

Pudovochkin

2022

Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia

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“…We are on our way to a deep awareness of our true cultural-historical nature, to culturological [5] self-determination through the renewal of spiritual values, through the splashes of the nation spiritual activity. As an eternal ontological basis and eternal value goal, the National Paradigm of life-formation acts at the same time as the main object of cultural studies that are meant to reveal and understand the national culture as a multidimensional reality of human existence in which a person finds the opportunity for self-fulfillment and makes his own destiny.…”

Section: Problem Statementmentioning

confidence: 99%

The Paradigm of Lawyer’s Professional Competence

Chernovskyi

2019

EJLPA

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The article is devoted to the disclosure of the problem of the lawyer formation, the impact of legal education on these processes, the acquirement of legal competences. The author emphasizes that there is an urgent need to improve the system of professional training of future specialists. At this stage, students' education and training is aimed at achieving high professionalism. The main condition to ensure their own competitiveness and life success is to achieve a high level of psychological competence.Professional competence of different types of activities, the effectiveness of which is largely achieved due to the individual-typological properties of the individual is important in the period of overcoming crises.The high quality education is an integral indicator of the standard of living of both society as a whole and a separate personality. The UN Development Program pays attention to the indicator of educational activity, as to one of the main factors of integrated assessment of the human life quality.Democratization of the legal system, change of its functions from protecting the state's interests to ensuring human rights, correction of the principles and methods of lawenforcement activity increases the requirements for graduates of legal educational institutions not only in relation to the theoretical but above all practical component of their professional competences. The psychological and pedagogical competence of future lawyers depends directly on the psychological and pedagogical preparation they receive during their studies at a higher educational institution, on its practical-oriented character. The analysis of the state of such training of future lawyers in different Ukrainian universities proves that, mostly, only one component of such training is done -only basic or only professional one.

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“…For this number were selected papers covering theoretical approaches on topics such as ethical and legal hermeneutics (Ignătescu, 2013b), emotional intelligence and sociability issues (Chisiu, 2013), theoretical areas of maximum interest such as ethical perspectives on end of life ( Terec-Vlad, Terec-Vlad, 2013). Dimension of social research based on the analysis of empirical data covered topics such as stigma and discrimination against vulnerable populations (Gramma, et al, 2013), educational mentoring relationship as a form of relationship support in the U.S. (Kiriakidis, Jenkins-Williams, 2013) and interdisciplinary learning through extracurricular activities (Chisiu, 2013b).…”

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confidence: 99%

Applied Ethics in Nowadays Society

Ciulei¹

2013

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The Concept of Judicial Interpretation

Abstract: In the large sense of the notion of interpretation, the concept involves the activity of allotting the significations to some norms and, where there are no doubts and controversies related to this, it is in fact an activity of the enrichment of the law.

Cited by 5 publications

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Judicial interpretation of the criminal law: questions of theory

Judicial interpretation of the criminal law: questions of theory

The Paradigm of Lawyer’s Professional Competence

Applied Ethics in Nowadays Society

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