Judicial interpretation

The article is devoted to the issue of interpretation as activity of the court to establish the content of the rules of law for their uniform practical implementation. The task of interpretation is to concretize, actualize and modernize abstract legal norms in relation to specific life circumstances, as a rule, in contentious situations. Judicial in terpretation is applied in cases where the situation of inconsistencies has led to the development of conflict in social relations. Hence, the court has a double function: to interpret the right definitely, specifically, reasonably; resolve the dispute of specific persons who have addressed to him. The judicial interpretation is intended not only to clarify the content of the norm as an element of the legal system, but also to determine how it should be applied in the specific conditions of the case, which are specific and different. This allows us to consider the judicial interpretation a form of law-making: creating a rule for a particular case by interpreting the legal system as a unity of legal prescriptions. The court is obliged, combining natural and positive precepts, to “find” a rule for a particular case and make a decision that will regulate not an abstract, but a specific social relation. Subsequently, it is possible that such a decision will flow into the general stream of judicial practice and it will become uniform, such a judicial rule will create new or ify outdated legal prescriptions: a judicial position will serve the cause of the development of law. Modes of interpretation - grammatical, teleological and logical-systematic, historical - are determining in nature and are applied sequentially in the judicial interpretation in each case. The author analyzes the practice of applying various modes and methods of interpretation on the example of the activities of the Court of the Eurasian Economic Union.