ЗАГАЛЬНІ РИСИ ТЛУМАЧЕННЯ ТЕМПОРАЛЬНИХ ОЦІНОЧНИХ ПОНЯТЬ ЦИВІЛЬНОГО ПРАВА

Abstract

Kravchuk D. General features of interpretation of temporal evaluation concepts of civil law The relevance of the article is that the main issue that needs to be addressed by improving the practice of temporal evaluation concepts is the optimization of interpretation. In general, the interpretation of legal norms is a big topic for legal scholars and practitioners, but it is the issue of interpretation of norms that contain temporal valuation concepts that have not yet received in-depth attention. Taking into account the specifics of norms that contain temporal evaluation concepts, the process of their interpretation acquires features, which inevitably requires scientific analysis, which in turn will lead to the formation of conclusions to improve the chosen topic. In the article the author makes the general characteristic of process of interpretation of norms of the right that in turn has allowed to allocate features of interpretation of the norms containing temporal estimating concepts. Conclusions are given on the object of interpretation, which is not a rule of law, but its textual expression in the sources of law, which contain temporal evaluative concepts. The rule of law itself, which is a rule of conduct, should be considered the result of an interpretation that is fully consistent with the classical postulates of the legal doctrine of the countries of case law. Interpretation of the textual expression of the rule of law, which contains a temporal concept of evaluation, allows the possibility of its concretization in the process of interpretation. Interpretation allows to determine the full meaning of the legal order, which is further specified considering the individual – specific conditions of place, time, nature of circumstances. Interpretation of temporal evaluative concepts does not transform and should not transform them into, in fact, new legal norms of a clarifying nature. If this is the case (and this is possible only with an official normative interpretation), then it is no longer an interpretation, but a lawmaking that changes the law, as the qualitative characteristics of the concept change, and accordingly changes the order of legal regulation – the possibility of discretion is replaced by formal certainty. The consequence of interpretation should be the establishment of only certain standards of the valuation concept, which will facilitate its understanding and application in practice, but the concept itself should remain evaluative and not acquire signs of clear definition.