International legal aspects of the interpretation of legal acts in law enforcement judicial activity
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
During the formation of Ukraine as a legal and democratic state in which the principle of the rule of law is recognized and operates, the need to improve international legal mechanisms for the organization and implementation of judicial power on both the national and international levels. The judicial interpretation occupies a special place among the types of interpretations, since the conclusions of the court concerning the meaning of the legal norm, including the norms of the international treaty, are final and binding for all subjects of law. Giving an interpretation of the rule of law, the court is based on human rights. The doctrine of the interpretation of international treaties and other normative legal acts as an integral part of the theory of law and the state, the theory of international law and creates an important branch of legal science. The development and improvement of the theoretical basis of the judicial interpretation of the norms of international treaties, laws and other national regulations occupies an important place in science of international law and is particularly relevant to modern Ukraine, which makes extensive use of international legal mechanisms, including international judicial, for protection of national interests at the international level. The need for clear regulations of the procedure of judicial interpretation requires the further development of the science of international law. Taking into account the fact that Ukraine has its own system of interpretation of the Constitution, international treaties, laws and other legal acts, courts should exercise their interpretation within the framework of their competence and create legal positions in such a way that they meet the norms of international law, and also international and European standards of justice, the rule of law. Important at the same time is the consideration of the practice of interpretation of law by international courts. The aim of the research is to create a concept of international legal support for the activities of international and national courts in interpreting the law. It is based on the doctrine of processional unity of judicial activity and universal bases for the modernization of the norms of international treaties and national legal acts in the field of justice and ensuring the unity of judicial practice. Conclusions are drawn that the development of issues of judicial interpretation of the norms of international treaties and national legal acts is especially urgent for Ukraine in modern conditions. Proposes to interpret the norms both in the study of the problems of the theory of international law and in the theory of law in general. Substantiated the need to develop problems of legal interpretation of judicial activity, which is based on the requirements of constitutional and legal reforms (concerning justice). It was stated that the international legal aspects of judicial interpretation are of great importance in judicial activity and their further study and improvement is extremely necessary.
Authors and Affiliations
Oleksandr Bazov
Keywords
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