ПРИНЦИПЫ ТОЛКОВАНИЯ КАК ОСНОВАНИЯОСУЩЕСТВЛЕНИЯ СУДЕБНОГО КОНТРОЛЯ

Abstract

The social and legal value of the judiciary is defined by its ability to ensure judicial dispute resolution in order to achieve a fair decision in the context of a particular case. This is typically described through the categories of judicial interpretation and judicial control. However, these categories are often considered independently of each other, though, in reality, they are interdependent when it comes to law enforcement, which is fundamentally determined by the nature and functionality of the law itself, as well as its regulatory and protective significance.

The article elaborates on the principles of legal interpretation, which encompass not only an instrumental perspective (mediated by interpretation rules and methods) but also a substantive dimension, especially when these principles are correlated with the principles of law that serve as guarantees of legal certainty. It is further shown that the principles of interpretation reflect the content of judicial control, whose characteristics, including their manifestation in law enforcement, prevent such control from being defined in a one-dimensional way. Instead, it is explained through the institution of judicial normative control, which is considered the highest procedural form of ensuring legal certainty in regulation.