PLACE AND ROLE OF MOTIVATION FUNCTION IN THE SYSTEM OF THE RUSSIAN LAW FUNCTIONS
Abstract
The article outlines the parameters of announced function on the basis of the fact that
the motivation function of law is not covered properly, and only restrictive one is considered.
The history of motivation is poorer than restrictions, because it is easier to set duties
and responsibilities. With respect to stimulants and their functional orientation, the state
uses a positive potential insufficiently. It is found out that the negative responsibility has
very clear mechanisms, and the positive one is not even a scientifically recognized, not to
mention its real implementation. The special features of law motivation function are analyzed.
The general legal nature of motivation function, manifested in various fields of law
is considered.
Issue
Section
Problems and Questions on Theory of State of Law, on Constitutional Law