Interpretive activity in the judge’s professional occupation

Abstract

The purpose of the article is a comprehensive analysis of the issue of the judge’s interpretive activity from the standpoint of the judge’s cognition in such a process of unchangeable dualism of the factual circumstances of the case and the norm of the law. To achieve this goal, such methods as dialectic, comparative, formal-logical, communicative and phenomenological was used. The article deals with the approach according to which the judge's interpretive activity during professional occupation is a necessary method of specifying the content of abstract, relatively defined legal norms; and these norms become applicable in solving certain debatable questions. It is concluded that the judge creates the search for the best solution of a particular legal position. Reconciling the uniqueness of the law case and the formality of the legislative provisions resolving case is impossible without interpretive activity. One of the peculiarities of the dynamics of the interpretive activity of the European Court of Human Rights is its intellectual and creative nature; mechanical transformation of the norms of law into individual acts and "stereotype" application of previous court decisions are not admissible. The judge's interpretive activity combines rational-technical and existential-semantic levels, which necessitates a high level of personal and professional maturity of the judge. The problem of interpretation is not only technical skills in legislative provisions; it covers an important "standpoint" of the reality based on the professional experience and legal consciousness.

Evolutionary trends in the interpretation of the European Court of Human Rights under the European Convention on Human Rights

“…The interpretation of the legal provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms by the European Court of Human Rights is characterized by indeterminate dynamics, the presence of socio-cultural determinant spontaneity of the emergence of new social situations (Huralenko et al, 2020).…”

“…One of the peculiarities of the dynamics of interpretive activity of the EctHR is its intellectual and creative nature; mechanical transformation of legal rules into individual acts and "standard" use of previous court decisions are not allowed (Huralenko et al, 2020). Another issue is a peculiarity of the interpretation of the EctHR is the tendency to "judicial activism".…”

Social Determination of Law as a Condition of Its Effectiveness

“…Huralenko N., Voloshchuk O., Slyvka S. (2020) Interpretive activity in the judge's professional occupation. Amazonia Investiga.…”