Paleshnyk S. Interpretation in Court Practice: Concept, Features, Types.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U002612

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

23-05-2016

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The thesis is dedicated to the comprehensive study of all the signs that are inherent in the judicial interpretation, as well as disclosing its content types and the definition of its role and place among other types of interpretation. The paper considers the process of interpretation in terms of legal hermeneutics and substantiation of possibility of separation as a section of the science of understanding legal texts. The legal interpretation activity is characterized as an independent kind of legal activity. Given the definition of judicial interpretation of its own decisions and reveals its basic features and functions of judicial interpretation. The features of interpretation, which is carried out by the Constitutional Court of Ukraine are examined and the main features of interpretive acts are also defined. Revealed features of the interpretation of the norms of the European Convention on human rights, the European Court of human rights and the ways that it uses in the course of such interpretation. On the basis of the conducted scientific research the proposals for the improvement of the judicial activity and judicial rulemaking are formulated.

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