LEGAL INCENTIVES AND RESTRICTIONS IN LEGAL REGULATION: HISTORICAL AND THEORETICAL ANALYSIS

Анотація

The article presents a historical and theoretical analysis of legal incentives and constraints as key categories of the theory of state and law, which form the basis for the legal regulation of public relations. The author examines the historical evolution of these institutions - from ancient societies, where law was predominantly punitive and restrictive, to the modern Russian legal space, where there is a balance between stimulating lawful behavior and necessary restrictions. Special attention is paid to the functional purpose of incentives and constraints, their role in ensuring a balance between freedom and necessity, initiative and control. The article analyzes the regulatory foundations of legal incentives and restrictions in Russian legislation, including the Constitution of the Russian Federation, the Criminal, Civil Codes and the Code of Administrative Offenses. The author highlights the current challenges associated with digitalization, globalization, and changing social behavior, emphasizing the need to adapt legal mechanisms to new conditions. Particular importance is attached to the principle of proportionality, which provides a balance between encouragement and restriction, preventing abuse and protecting human rights. In conclusion, it is emphasized that an effective combination of legal incentives and restrictions is the key to the sustainable development of the legal system and society as a whole.

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