The Concept of Interpretative Norms

The results of official interpretation are important for ensuring the unity and stability of law enforcement practice. Among them interpretative norms are of particular importance, which, due to their general nature, play a key role in ensuring the effectiveness of the legal regulation. In this regard, there is a need in a deeper understanding of their nature. The paper provides an overview of various approaches to the understanding of interpretative norms proposed by scientists in different historical epochs. Special attention is paid to the works of the Soviet period, since it was then that the term «interpretative norms» was used for the first time. It is proposed to consider interpretative norms as an independent legal category. The author highlights the essential features of these norms, such as normativity and formal certainty, notes that they are of an organizational and auxiliary nature, they are provided with state power and are also created by the highest jurisdictional bodies. The author’s definition of interpretative norms is formulated, and they are considered as rules of interpretation, samples of understanding of the rule of law. It is separately noted that interpretative norms, despite their normative nature, are not norms of law, but are only of auxiliary nature, they reveal the meaning of the basic norm. The distinction has been made between interpretative norms and several related concepts.

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Publication Details

Journal
Rossijskoe Pravo Obrazovanie Praktika Nauka
Published
2025-04-28
DOI
https://doi.org/10.34076/2410-2709-2024-144-6-4-11
Primary Topic
European and International Law Studies
Type
article
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article

The Concept of Interpretative Norms

D. S. Vladimirova
Rossijskoe Pravo Obrazovanie Praktika Nauka
European and International Law Studies
article

The Concept of Interpretative Norms

D. S. Vladimirova
article en

Abstract

The results of official interpretation are important for ensuring the unity and stability of law enforcement practice. Among them interpretative norms are of particular importance, which, due to their general nature, play a key role in ensuring the effectiveness of the legal regulation. In this regard, there is a need in a deeper understanding of their nature. The paper provides an overview of various approaches to the understanding of interpretative norms proposed by scientists in different historical epochs. Special attention is paid to the works of the Soviet period, since it was then that the term «interpretative norms» was used for the first time. It is proposed to consider interpretative norms as an independent legal category. The author highlights the essential features of these norms, such as normativity and formal certainty, notes that they are of an organizational and auxiliary nature, they are provided with state power and are also created by the highest jurisdictional bodies. The author’s definition of interpretative norms is formulated, and they are considered as rules of interpretation, samples of understanding of the rule of law. It is separately noted that interpretative norms, despite their normative nature, are not norms of law, but are only of auxiliary nature, they reveal the meaning of the basic norm. The distinction has been made between interpretative norms and several related concepts.

Rossijskoe Pravo Obrazovanie Praktika Nauka(6)
Openalex Percentile: Top 80%
European and International Law Studies
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The Concept of Interpretative Norms — D. S. Vladimirova · Rossijskoe Pravo Obrazovanie Praktika Nauka (2025) | TGRS Research Map | TGRS