REVISITING THE LEGAL NATURE OF INCENTIVES IN THE INFORMATION LAW

Abstract

The article analyses different approaches to definition of the legal incentive. There
is comparison between understanding incentives only as a positive legal mean of influencing
human behavior (like benefits and privileges) and its extending by including also
negative legal means (for example, restrictions and liability). It is concluded that incentives
are legislated only as a positive legal means (for example, benefits and privileges).
At the same time regardless of different understanding approaches of «legal incentives»
researchers share one view on its functional feature: positive legal motivation and legal
influence on subjects of law behavior and social relations. The article also analyses various
points of view on role of incentives in legal regulation mechanism: as a means, a
method of legal regulation and a norm of law. Being outwardly a norm of law (incentive
rule), legal incentives play the role of an instrument that helps to achieve socially useful
aims. That reveals that legal incentives are means of legal regulation without becoming a
method of legal regulation at the same time.