Abstract
The article reflects the main historical and legal aspects of the development of legal incentives, as a regulator of social relations. The author notes that social management is carried out by means of incentives and constraints expressed in the legal and moral norms. The current stage of development of society characterized by the need for States to actively socially useful behavior of participants in public relations in all spheres of life. Ideas legal incentives in the Russian theory of law related to the peculiarities of national awareness and entrenched legal and legal traditions, which are based both on the domestic and the global experience of the application of legal incentives. Analyzing the historical experience, the author notes that each stage of the development of society and the state has its own system of legal incentives, due to material and socio-cultural conditions of life and concludes that the decisive criterion in this respect is the attitude of the state to the individual, recognition of its individuality, independence of its rights. In principle, a change of power as a rule change and the system stimulants, which used this power in the arsenal of legal interventions. Analyzing the political and legal views of ancient philosophers, European thinkers XVIII - XX centuries, the author concludes that the institution of legal stimulation has evolved from simple forms to more complex ones. Studying the experience of implementation of the legal incentives accumulated throughout different periods of development of the statehood is one of the major stages in studying of the essence and accurate understanding of this many-sided phenomenon.
Highlights
The article reflects the main historical and legal aspects of the development of legal incentives, as a regulator of social relations
The current period of the Russian legal system development is characterized by growing importance of incentive methods of legal influence, that is, a set of means aimed at performance of obligations by the participants of the social relations of their own free will, at formation of a positive behaviour motivation, as well as congruence between the interests of an individual, social groups and the state
A service or expected lawful behaviour resulting in public and state approval that manifests itself in the form of rewards and bonuses were placed on a par with such means of legal influence as compulsion and restriction
Summary
The article reflects the main historical and legal aspects of the development of legal incentives, as a regulator of social relations. Practical experience has shown that social governance is exerted through the use of incentives and restrictions expressed in the form of legal and moral standards aimed at making a compromise between different interests in order to prevent contradictoriness from becoming an insurmountable obstacle to progressive development of the society (Malko, 2004).
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