Application and interpretation of law

Application of law Specific form of realization of legal norms It lies in the competence of state authorities to make decisions in different cases It has the form of process 1. Judicial process 2. Administrative process 3. Arbitration

Classification of decisions According to results: – Constitutive decision – can establish, change or repeal legal relations – Declaratory decision – can confirm the existence of legal relations if there is a dispute According to character: – Meritorious decision – decision about the essence of the case – Procedural decision – decision about procedural questions

Process of the application Assessment of factual questions – collecting of relevant information about the case – according the rules of evidence Assessment of legal questions – state authority must choose relevant legal norm and interpret it Publication of the decision – delivery to the addressee

Features of the decision Legal force of the decision – decision cannot be changed and is binding for the parties of the dispute, conditions - delivery to the addressee, exhaustion of legal remedies Feasibility of the decision – decision can be enforced by executory means, conditions – legal force, expiration of a period given for voluntary fulfillment of a duty

Gaps in the law Cases where some legal relation is not regulated by particular legal norm Analogy – used to fill the gaps in law – State authority uses similar legal norm – State authority uses legal principle Discretional authority – legal norms contain inexplicit terms which enables judge to choose the right solution according to the specific circumstances of the case

Interpretation of law Intellectual activity focused on finding the content, sense and meaning of legal norms Interpretation is necessary for every activity in law Object of interpretation are not only legal norms but also decisions, evidence etc. Desinterpretation – false interpretation

Classification according to subject I. Interpretation of Constitutional court – generally binding Authentic interpretation – made by the creator of legal norm - generally binding Legal interpretation – made by subject authorized by law - generally binding

Classification according to subject II. Judicial interpretation – made by courts, it is not generally binding, more important is interpretation of higher courts Internal interpretation – made by higher administrative authorities, binding for inferior authorities Scientific interpretation – made by legal science (textbooks, commentaries of codes, articles in legal magazines), it is not binding

Classification according to method I. Literal interpretation – explanation of the legal text according to the rules of grammar, morphology, syntax, semantics Logical interpretation – explanation of the legal text according to the rules of formal logic Systematic interpretation – explanation of the legal text according to comparison with other norms of legal system

Classification according to method II. Historical interpretation – explanation of the legal text according to events present by its adoption Comparative interpretation – explanation of the legal text according to comparison with the norms of foreign legal system Teleological interpretation – explanation of the legal text according to purpose and sense of the legal text

Classification according to extent Verbal interpretation – explanation of the legal text exactly according to its words Extensive interpretation – explanation of the legal text in a broader sense compared to its words Restrictive interpretation – explanation of the legal text in a narrower sense compared to its words