Legal sanctions and their political element

Анотація

The purpose of the article is a comprehensive study of theoretical provisions on the structure of a legal norm, determining the place of sanctions among its elements and the presence of a political instrument in the sanctions. According to the purpose, the logical structure of the legal norm is defined. The importance of sanctions in the system of state instruments for combating offenses is analyzed, with the focus on their political element. Scientific works concerning the analysis of sanctions as a fundamental category of legal science in both the modern and the Soviet period have been investigated. The scope of sanctions in the context of economic reforms is considered. The judicial practice of the application of sanctions in Ukraine is investigated. Scientific research has been systematized into allocating all legal sanctions to specific groups. In the process of researching the topic of the article, the authors come to a conclusion that the sanction exerts state coercion to comply with legal provisions; sanction is characterized by the presence of a political element; a sanction is a mandatory element of a legal norm that provides for the type and extent of state provision of the legal norms disposition that contains the final assessment. Although the sanction can be characterized as a reaction of the state to the offense, it should still be defined as a measure of responsibility, since the reaction of the state includes other coercive measures.

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