Problems of interpretation of civil law sources in the Kazakh language

Authors

  • G.A. Ilyasova
  • R.A. Tokatov

DOI:

https://doi.org/10.31489/2020l3/50-58

Keywords:

sources, legal act, civil legislation, legal customs, rules of conduct, codification, hierarchical system, authentic interpretation, legal interpretation, judicial interpretation, doctrinal interpretation, grammatical, logical, systemic and historical interpretations

Abstract

The main purpose set in the article is to examine some of the problematic issues that arise when enacting legislation in the public language in the sphere of civil law. The article explores historical and contemporary problems in adopting effective  societal legal norms by studying the experience of interpreting and discussing domestic and international law characteristic for them in formation the legal legislation applied in the regulation of public relations. In general, revealing the concept of the source, the authors studied its origin and features of formation. The characteristics and features of the formation of sources are defined. Also, analyzing certain types of sources of civil law the features of legal sources regulating civil relations are revealed. In writing of the article, the emphasis was on the interpretation of civil circulation law enforcement and their contents. In  particular, the method of interpretation is separately considered grammatical, logical, systemic and historical interpretations, theoretical provisions are analyzed and historical facts are given as an example. The conclusion notes that Kazakhstani law still  does not address the issues related to the translation of the texts of regulations into the Kazakh language.

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Published

2020-09-30

Issue

Section

CIVIL LAW AND CIVIL PROCEDURE