On the issue of depot promotions
Автор: Malko Alexander Vasilyevich, Markunin Roman Sergeevich
Статья в выпуске: 4 (95), 2020 года.
Introduction: the existing dialectical contradictions in legal regulation can be presented in the form of paired categories. The ongoing research of such structures will initially be aimed at establishing the features of the mutual influence of such conflicting phenomena. The article provides an analysis of the category of “depot promotion” and its validity in the field of legal regulation. An attempt to correlate this category with incentives and present them as paired legal phenomena is investigated. Materials and Methods: the material of the research is scientific sources that reveal and substantiate the existence of the category of “de-promotion”. The methodological base is formed by a complex of general scientific methods of cognition, such as logical, comparative. Special methods, in particular the formal legal method, made it possible to establish the features and characteristics of the investigated legal structures. Dialectical logic was used in the formation of paired categories in the form of “encouragement” and “punishment” and the establishment of their relationship with each other. Results of the Study: the problem of the emergence of new categories within the framework of legal science, which introduce difficulties in the process of a uniform understanding of legal terms, is indicated. Findings and Conclusions: the conclusion is made about the pairing of the categories of encouragement and punishment. At the same time, punishment is analyzed as a general theoretical phenomenon, constituting the unity and interaction of independent subsystems of legal restrictions in the form of criminal, administrative, civil and other punishments. The authors come to the conclusion that the category of “demotivation” cannot be differentiated from the category of “punishment”, which forms a dialectical connection with reward. The article establishes a number of mandatory requirements, the compliance with which allows us to consider legal categories as paired. In the conclusion, the existence of a single connection between encouragement and punishment in the legal sphere is substantiated, where they appear in the form of categories of motivational impact and form the basis of incentives and restrictions in law.
Encouragement, punishment, legal restriction, offense, dialectical logic, legal liability, legal policy
Короткий адрес: https://readera.org/143173255
IDR: 143173255 | DOI: 10.24411/2312-3184-2020-10077