Year: 2022
Type: article
Abstract: The purpose of the article is to study legal restrictions as an element of the mechanism of legal regulation, their essence, and approaches to their determination and classification; to elucidate the essence of legal restrictions as a key element of the instrumental theory of law.Research methods.General scientific and special methods of scientific cognition were used for carrying out the present research.Results.The main approaches to determining legal remedies are considered as a part of instrumental theory of law.The article analyses the place of legal restrictions in the mechanism of legal regulation, examines the main scientific approaches to identifying legal restrictions as an element of the system of legal remedies, and provides an author's definition of legal restrictions.The importance of legal restrictions for legal influence and the main approaches to their classification, in particular, depending on the structural element of a legal norm, were researched, while legal restrictions were considered amidst the disposition of the legal norm.The peculiarities of the implementation of legal restrictions were analysed in order to ensure their effective impact.The peculiarity of legal obligations as a special type of legal restrictions is regarded.Conclusions.It should be noted that legal regulation is carried out through a combination of legal incentives in the process of legal regulation and legal restrictions.It is through the use of various legal means that the positive effect of legal regulation on public relations is achieved.In general, the issue of legal restrictions is a question of the limits of human legal freedom in society, because it is limited by the freedom of others.Thus, legal restrictions (along with legal incentives) are fundamental means of legal regulation.The effect of only legal incentives in the process of legal regulation cannot exist without legal restrictions that balance the mechanism of legal regulation.The relevant relationship contributes to the impact of law on society.Similarly, the violation of the balance in applying various legal means has the consequence of not obtaining the desired result of legal regulation.Therefore, legal incentives, backed by appropriate legal restrictions, have the most effective impact on legal regulation.
Source: Entrepreneurship Economy and Law
Author: Ihor Pavliukov
Institution: Taras Shevchenko National University of Kyiv
Language: English
Topic: Legal Studies and Reforms
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4383429587