INCENTIVES IN THE SERVICE LAW AS A KIND OF INCENTIVES IN THE RIGHT AND CHARACTERISTIC CHARACTERISTICS
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 2, Issue 4
Abstract
In the article the positions of scientific works devoted to incentives in law are analyzed in detail, it is proved that the stimulus is a complex concept that is used by representatives of various branches of science with an emphasis on the specificity of the resource. The author notes that, basically, the incentives are analyzed in a philosophical, sociological, psychological, economic and legal sense. Law scholars either cover general theoretical provisions on incentives in the law as a whole, or they stop at the sectorial specifics (in criminal, land, labor law, etc.). The paper proves that it is quite possible to use the terms «legal incentives» and «incentives in law» as synonymous. Despite the existence of a significant number of author’s definitions of incentives in law and the absence of an official norm-definition, there is still a unity of doctrinal approaches to using the basic features of incentives in law. To find out the author’s version of the list of stimulus signs in law, it is proposed to analyze incentives in law with related legal concepts. The author’s adjacent conceptual series is given and comparative analysis of incentives in law is carried out with incentives, privileges, privileges, privileges, immunities, interests, subjective law, motive, needs, incentives. For each of them a variant of the relation is given and the general meaning with respect to them of the stimuli in law is necessary. The signs of incentives in the service law are singled out and analyzed, it is proved that they only in aggregate form the resource of incentives in law. Attention is focused on the possibility and appropriateness of using general theoretical provisions on incentives in law to characterize incentives in the service law as their varieties. The author singles out the signs of incentives in the service law, submits their analysis and indicates their regulation in the legislation on the public service of Ukraine. It is noted that only in aggregate they form a special resource of incentives in the service law. The author proposes the definition of incentives in the service law, which is considered expedient to use both in legal doctrinal, incl. industry, research, and in norm-setting activities to ensure the unification of approaches to understanding this type of incentives in law and maximizing the full use of its resource.
Authors and Affiliations
Maryna TYTARENKO
Keywords
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