INTERPRETATION AND SPECIFICATION OF LAW STANDARDS AND PRINCIPLES BY THE JUDICIAL BODIES

Background. Judicial interpretation and concretization of the norms and principles of law have different points of view in theory and practice, but this does not exclude the possibility of their application in judicial proceedings as a means of ensuring the consistency and predictability of justice. Judicial interpretation and concretization of the norms and principles of law by the highest judicial bodies form legal positions for the lower courts, ensuring the certainty and unity of the application of the norms and principles of law in specific disputes. At present, the activities of the highest court on the interpretation and concretization of the norms and principles of law are relevant for the law enforcement officer and require theoretical and legal substantiation. Suggestion for the development of a unified concept of judicial interpretation and concretization of the norms and principles of law by the judicial authorities determined the purpose of this work, and the tasks set made it possible to reveal the features of judicial interpretation and concretization, the need to apply the legal positions of the higher judicial authorities on the interpretation and concretization of the principles and norms of law by lower instances. Materials and methods. This goal was achieved through the implementation of tasks: generalization of scientific views on these legal phenomena, analysis of the current federal legislation, judicial practice of higher courts, containing the legal positions of interpretation and concretization of the norms and principles of law. The methodological potential includes research methods: dialectical, comparative legal, systemic, formal legal. Results. The scientific substantiation of a unified approach to judicial interpretation and concretization made it possible to identify the need to use legal positions on the interpretation and concretization of the norms and principles of law by judges in the administration of justice. Conclusions. Judicial interpretation and judicial concretization of the norms and principles of law has the specifics of the formation and implementation of the judicial authorities, which contributes to certainty and consistency in judicial enforcement.