Authentic Interpretation in Criminal Law

Authentic interpretation, being one of the ways to establish the authentic will of the legislator, is among the most difficult for theoretical analysis. In the theory of law and in criminal law science, the opinion has been expressed that this type of interpretation, in principle, has no right to exist, since it is indistinguishable from the creation of a legal norm. Such a position nevertheless seems to be contested and significantly impoverishes the arsenal of means of interpreting the law. 
The work is aimed at clarifying the question of the characteristic features of authentic interpretation, searching for additional arguments in favor of its preservation and development in criminal law, determining the specific features of authentic interpretation of sources of criminal law. 
A set of classical methods of scientific cognition has been applied to solve the main research tasks. The work was carried out using documentary, historical-legal, critical research methods based on the principles of dialectical methodology, including the unity of theory and practice, objectivity and comprehensiveness. 
According to the results of the study: a) the fundamental differences between the authentic interpretation and the clarification of the authentic will of the legislator are established; b) the fundamental possibility and constitutional permissibility of preserving the authentic interpretation in the arsenal of means of interpreting criminal law prescriptions is proved; c) the differentiation of the authentic interpretation of criminal law norms depending on the sources of criminal law on the interpretation of criminal law is proposed and interpretation of other sources; d) the possibility of an authentic interpretation of the criminal law has been established in the absence of a special form of such interpretation.