Restrictive and punitive functions of administrative and tort law as a guarantee of security and protection of human and citizen rights

Abstract

The article reveals the content of restrictive and punitive functions of administrative and tort law and determines their place in the general system of functions of law. It is noted that the restrictive and punitive functions of administrative and tort law are closely interrelated. Even a special part of Code of Ukraine on Administrative Offenses (CUAO) is constructed in such a way that in its articles simultaneously the prohibition and sanction in the form of administrative penalty for its violation are recorded. The article states that the difference between the restrictive and punitive function of law is that: 1) the purpose of restrictive function is to remove from the practice of socially dangerous relationships by imposing prohibitions and other restrictions, while the purpose of punitive function is the application to the person of the measure of legal liability (deprivations of moral, property and organizational nature), which is proportional to the degree and nature of the public danger of the wrongful act committed by him; 2) the legal means of implementation of restrictive functions are prohibitions and other restrictions, while means of carrying out punitive functions are measures of legal responsibility (penalties and other sanctions); 3) the consequence of the implementation of the restrictive function is to preserve the regime of detaining persons from unlawful acts (law order), while the consequence of the implementation of a punitive function is the fact that the perpetrator felt the force of state coercion and was or is legally responsible.