Title: On the question of the relationship between the concretisation of the law, the interpretation of the rules of law and analogy in law

Authors: Yermek B. Abdrassulov; Zhamaladen I. Ibragimov; Gulim K. Kuanyshbek; Aizhan E. Abdrassulova; Ajnur I. Mugauova

Addresses: Academy of Justice at the Supreme Court of the Republic of Kazakhstan, 46 Beibitshilik Str., Nur-Sultan, Republic of Kazakhstan ' Law Faculty, L.N. Gumilyov Eurasian National University, 2 Satpaev Str., Nur-Sultan, Republic of Kazakhstan ' Theory and History of State and Law and Constitutional Law, Faculty of Law, L.N. Gumilyov Eurasian National University, 2 Satpaev Str., Nur-Sultan, Republic of Kazakhstan ' Kazakh-American Free University, 76 Gorkiy Str., Ust-Kamenogorsk City, Republic of Kazakhstan ' Department of Theory of History of State and Law, L.N. Gumilyov Eurasian National University, 2 Satpaev Str., Nur-Sultan, Republic of Kazakhstan

Abstract: The purpose of the study is to justify the interpretation, concretisation, and analogy of law as part of the general, private and individual in the law enforcement process. In law enforcement, concretisation is the result and the goal of interpreting legal norms. An analogy in law is the result of interpretative work, based on the impossibility of law to regulate all the nuances of social relations. The subject of the research is the categories of interpretation, concretisation, and analogy in law on their functional purpose. The article analyses the functions and purpose of the interpretation, concretisation, and analogy of law in the methodological aspect, focusing on legal practice. In this article the emphasis is placed on judicial errors arising from a misunderstanding of the judicial interpretation and concretisation of legal norms. The inadmissibility of the wrong interpretation of the rules of law, causing decreasing the effectiveness of legal regulation, is justified.

Keywords: interpretation; application of law; court; constitutional control body; legal regulation; gap in the law.

DOI: 10.1504/IJPLAP.2023.134279

International Journal of Public Law and Policy, 2023 Vol.9 No.4, pp.342 - 356

Received: 26 Apr 2022
Accepted: 30 May 2022
Published online: 17 Oct 2023 *

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