Features of interpretation of norms in the sphere of technical and legal regulation
Автор: Bauken A.A., Likholetova S.V.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы теории государства и права, конституционного права
Статья в выпуске: 4 т.20, 2020 года.
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The peculiarities of the interpretation of technical and legal norms, taking into account their differences: their nature, content and presentation, intended purpose, have been investigated. The specificity of interpretation is due to the dual, socio-technical nature of these norms. The social side is expressed in the fact that these norms are applied to regulate social relations, affect the behavior of people. It has a legal character, since these norms are enshrined in official sources of law, are generally binding and provided with the possibility of state coercion. The technical side is associated with external objective factors that determine the human life environment, which does not lend itself to regulatory influence through social norms, and the rule of law in particular. One of the most important factors that must be taken into account is the identification of the target orientation of these norms, which can reflect both objectively necessary needs and subjective interests, including the ones of an economic nature, of participants in public relations. The social side of the norms under consideration presupposes the normative consolidation of the goals of technical and legal regulation, and the technical side - the consolidation of specific requirements for products, processes, systems and other objects. The question of the subjects of interpretation of technical and legal norms is considered: subjects of law-making or law-enforcement activities, specialists in the field of science and technology. The problem of the need to ensure consistency, interaction between these subjects is identified. The features of the methods of interpretation of technical and legal norms are also due to their socio-technical nature. Understanding the studied aspects will help to better understand the relationship between the normative consolidation of technical and legal norms and their implementation.
Technical and legal norms, goals of technical and legal regulation, interpretation, subjects of interpretation, methods of interpretation, technical regulations, documents on standardization, technical requirements, compliance
Короткий адрес: https://sciup.org/147231554
IDR: 147231554 | DOI: 10.14529/law200410