Restrictive and punitive functions of administrative and tort law as a guarantee of security and protection of human and citizen rights
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Дата
2019
Науковий керівник
Укладач
Редактор
Назва журналу
ISSN
E-ISSN
Назва тому
Видавець
Анотація
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.
Опис
Ключові слова
restrictive, punitive functions, administrative, general system
Бібліографічний опис
Sustainable development under the conditions of European integration : collective monograph