What is the preamble?
What is the preamble?
BES the term "preamble"Treats as follows - this is the introductoryor an introductory part of a legislative, other legal act, declaration or international treaty. Usually, the preamble outlines the tasks and objectives of this document, the motives and circumstances that gave rise to its adoption.
The preamble does not contain legal norms, butit is important for understanding the legal document, both in general and its individual articles. The introductory part states that the document, especially the international treaty, has been adopted by both sides, its signatories, emphasizes the special significance of this legal act for the further development of states. This part of the legal text basically contains "norms-principles" and "norms-goals". They are taken into account in the interpretation of other provisions of the document, can clarify its general context, include various issues, sometimes purely normative. The preamble has the same legal force as the main text of the legal act and is interpreted together with it, even though its the provisions have an inconsistent formulation. When drafting an international treaty, states often transfer to the preamble those provisions for which they failed to agree. They have the formulation of the motives and objectives of the conclusion of the treaty and are not circumstances that formally bind the parties. The preambles of the same documents may differ in content and scope. So the introductory parts of the constitutions of different countries differ from each other. Short preambles contain only a solemn formula, and in extensive the history of the state before the adoption of the Constitution, the prospects for its development and the principles of the political system. The introductory part of this document is important for a correct assessment of its content. The preamble of a civil law contract must contain the place and time of its conclusion, the location of counterparties and the legal name of the parties, the parties can be defined as counterparties ("Seller" - "Buyer").
