LEGITIMACY AND INTERPRETATION OF LEGAL NORMS: ASPECTS OF CORRELATION

Abstract

Abstract. The article provides a theoretical and legal study of aspects of the relationship between legitimacy and interpretation of legal norms in the modern state. It is determined that the purpose of interpretation is a correct, accurate and uniform understanding and application of the law, identifying its essence, which the legislator has put into verbal formulation, it is designed to counteract any attempts to deviate from the meaning of legal norms, to oppose the letter and spirit of the law, to find out the meaning of what the legislator has formulated. It is proved that the need to interpret the norms of law is due to various factors, including the dynamics of public relations and, accordingly, the dynamics of legislation, the interpretation is designed to counteract any attempts to deviate from the meaning of legal norms, to oppose the letter and spirit of the law, it does not and should not make changes and additions to existing normative legal acts. It is argued that the right becomes legitimate only if the rules established by law have received appropriate justification in the public consciousness. It is noted that the observance of legitimacy in the process of interpretation and application of legal norms contributes to ensuring equality of all before the law, the same understanding of the meaning and content of legal norms, as well as identifying the imperfection of legislation and its development, in addition, legitimacy requires revealing the meaning and content of norms, based primarily on the law itself and legislation as a whole. It is proved that the priority in the activities of the law enforcement officer should be the result – legitimacy, that is, the perception of society, within which the principles of justice and expediency are implemented. It is determined that focusing primarily on the principles of justice and expediency in the process of interpreting and applying legal norms can hinder the development and improvement of legislation, because deviations from existing rules make us forget about their shortcomings. It is noted that if the law does not allow us to sufficiently identify the meaning and content of a rule of law, we should refer to the norms related to the interpretation of the principles of law set out in other normative legal acts, which form the basis of current legislation. It is argued that if the use of the above rules did not allow establishing the content and meaning of a rule of law, it is necessary to turn to external sources of interpretation – explanations of an official nature provided by authorized bodies, but from the point of view of legitimacy, priority should be given to internal sources of interpretation: a normative legal act containing a norm that is interpreted and legislation as a whole, including the goals and principles of legal regulation. It is determined that obtaining the requirements of legitimacy in the process of interpreting the norms of law requires serious theoretical training and developed logical thinking from the law enforcement officer. It is concluded that the principles of legitimacy require moral and psychological stability of the law enforcement officer, which does not allow him to deviate, depending on specific political, social and other conditions, including personal nature, from the true meaning and content of the rule of law.