Тлумачення Правил дорожнього руху: мета та суб’єкти тлумачення
The article examines the origin of the term “interpretation” and its scientific definition, as well as the purpose of the process of interpreting legal norms, which lies in ensuring a uniform understanding of the Traffic Rules by all subjects of law enforcement. The works of Ukrainian scholars who have studied the methodology of legal norm interpretation are analyzed. The relevance of interpreting the Traffic Rules is considered, taking into account their historical features inherited from the Soviet era and the need to overcome entrenched stereotypes and errors in law enforcement. Emphasis is placed on the necessity of maintaining legal certainty in the text of the Traffic Rules, with regard to the case law of the European Court of Human Rights and the periodic review of their provisions to eliminate confusion and non-equivalent interpretations. The need for interpretation of the Rules is substantiated, considering numerous changes in the Ukrainian language and modern spelling norms over the past thirty years.The paper raises the issue directly related to the absence of an official body or mechanism for interpreting the Traffic Rules in Ukraine, which has led to errors in law enforcement. The history of the adoption of national Traffic Rules is explored, as well as a historical retrospective of the entities authorized by the Cabinet of Ministers of Ukraine to approve the publication of the Rules and their commentaries. Based on the conducted research, it is concluded that none of these entities were created to study issues of application, propose amendments, or provide official interpretations of the Traffic Rules. A comparison of commentaries on the Traffic Rules from the Soviet era to the present reveals that they have remained virtually unchanged for three decades, while unsystematized judicial practice does not ensure uniformity in law enforcement. The article concludes that the lack of a single body or official interpretation procedure has caused inconsistent application of the Rules by various subjects. However, the introduction of such a body or procedure to produce official commentaries on the Traffic Rules would help eliminate these issues.
Publication Details
- Journal
- Scientific periodicals of Ukraine
- Published
- 2025-05-09
- Primary Topic
- Laser Design and Applications
- Type
- article
- Field-Weighted Citation Impact
- 0.00