Constitutional Legal Prohibitions: Concept, Types, Technique of Presentation

Abstract

Based on the research of legal prohibitions existing in the general theory of law and branch legal sciences, the article analyzes the constitutional and legal prohibition as a method of legal regulation. The author proceeds from the fact that the subject of constitutional and legal regulation determines its special place in the system of legal regulation. This inevitably affects the methods of constitutional and legal regulation and prohibitions in particular. The article highlights the general features that are inherent in all legal prohibitions, and the specifi c features of constitutional and legal prohibitions that refl ect their specifi c features. In the study of the types of legal prohibitions, the existing classifi cations in both the general theory of law and constitutional law are considered. Without entering into a discussion on the classifi cation of prohibitions, which has already been the subject of discussion many times, the author suggests a slightly diff erent approach - to analyze the prohibitions from the standpoint of legal technology, i.e. from the point of view of how the legislator formulates and sets out the prohibition. At the same time, a reservation is made about the regulatory framework of the study. Not all Russian constitutional legislation has been analyzed, but only the text of the current Constitution. Hence the formulation of the question - "constitutional and legal prohibitions", and not «prohibitions in constitutional law». The second phrase would imply the inclusion in the regulatory framework of the study of many federal constitutional and federal laws, as well as constitutions (charters) and laws of the subjects of the federation. The conducted technical and legal analysis allows us to propose, in addition to the existing ones, classifi cations of constitutional and legal.