A functional way of interpreting legal norms with evaluative concepts

نویسندگان

چکیده

The purpose of the article is to find out what meant by functional method interpreting legal norms and factors must be taken into account in process its application practice. It was found that interpretation study practice applying norms. shown a way necessary for with evaluative concepts. specified carried according rules requirements are used determining content concepts, taking specific historical conditions.
 justified interpreter take conditions under which norm implemented. such an concept as "long-term crimes" considered, it clarified provision norm, formalized Article 146 Criminal code Ukraine, combines two different actions can considered independent crimes. has been established formal technical-legal defects arise mainly during formulation legislator violation normative definitions.
 author came conclusion at doctrinal level, existence recognized practical activity. After all, certain cases, clarify meaning not enough pay attention only analysis general implementation.
 However, Such subject functional, but also linguistic, logical, systemic, etc. interpretation. When containing result may different, however, match verbal expression.

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ژورنال

عنوان ژورنال: Naukovij vìsnik Užgorods?kogo nacìonal?nogo unìversitetu

سال: 2023

ISSN: ['2664-6153', '2307-3322']

DOI: https://doi.org/10.24144/2307-3322.2022.74.6