Application and interpretation of
law
Application of law
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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.
2.
3.
Judicial process
Administrative process
Arbitration
Classification of decisions
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According to results:
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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:
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Meritorious decision – decision about the essence of the
case
Procedural decision – decision about procedural
questions
Process of the application
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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