THE PRACTICE OF LEGAL INTERPRETATION BY JUDICIAL AUTHORITIES IN UKRAINE: THEORETICAL AND ORGANIZATIONAL PRINCIPLES

Resumo

Judicial interpretation occupies a special place among other types of interpretation, because it is carried out by people with a high level of professional training, who have thorough theoretical knowledge and practical experience. Also, judges quite often have to interpret those provisions of normative or individual legal acts, regarding which there is a dispute among other legal entities. Interpretations of legal texts, which are carried out by judges of higher courts, determine approaches to solving special legal problems that always take place in legal practice. The purpose of this article is: firstly, to highlight the main approaches to understanding judicial interpretation and to define and characterize its main types; secondly: the analysis of the provisions of the current Ukrainian legislation to identify the general approaches embodied in it regarding the implementation of judicial legal interpretation activities. To achieve the goals determined during the research, the authors used a system of general scientific and special scientific methods of cognition. The authors justify the special role and importance of judicial interpretation for the legal system of Ukraine. Considerable attention is paid to improving the quality and efficiency of judicial interpretation. Based on the analysis of the regulatory material, recommendations are provided on ways to improve this type of interpretation and take into account its results in the work of the government legislative branch. Considering the analysis of the source base and current legislation, the authors identify the main problematic aspects of the theoretical and legislative foundations of judicial interpretation.