Bernyukov A. The juridical hermeneutics as methodology of the realization of the justice (philosophical-theoretical analysis)

The dissertation is devoted to a philosophical-theoretical research of the content to judicial interpretation through the prism methodologies juridical hermeneutics by means its comprehensive analysis and boundary of its realization in process of the decision of the case by judge. It is convincingly shown that by the epicentre of entire process of the realization of justice there is the solution of judge, for the base of its discretion, of three basic hermeneutic-lawful tasks: 1) the determination of the actual circumstances of the саse; 2) selection and the comprehension of lawful material, which must solve the саse; 3) the juridical permission (qualification) of the саse on the basis of the results of the interpretation of the fact of the right. On base this is realized detailed hermeneutic analysis these stage to judicial interpretation and is given new decision of the problems of the judicial truth and law-creative activity. In this case is inverted the attention to the fact that the game is the ontological base of judicial interpretation