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Abstract

The article is devoted to the study of the main elements of the mechanism of legal incentives: legal incentives and incentive legal relations in labor law. Based on the analysis of works of domestic and foreign scholars on general theory of law and representatives of various branches of law, including labor law, the author emphasizes that stimulating legal relations are quite dynamic phenomena � they arise, change, cease. The dynamics of legal relations is associated with real life circumstances, which in legal science are called legal facts. Since the result of the action of legal incentives is the emergence of a socially active act, the legal facts can only act as lawful actions. Implementation of a legal incentive is a form of socio-legal activity of legal entities. Legal incentives also affect behavior indirectly � through consciousness and will, that is, what determines the behavior itself. Purposeful labor activity carried out with the help of legal incentives that affect the consciousness of the subject, and is the process of regulating the actual legal relationship. The subject of labor relations develops, first of all, the ideal model of his behavior, assessing the content of legal incentives, taking into account the current practice, anticipating the possible favorable consequences for him. In real behavior of the person the maintenance of stimulating legal relations is realized. The goal of the stimulating subject is achieved. It is emphasized that the stimulating legal relationship as a kind of labor relations has the following features: stimulating legal relations arise between the subjects of labor relations, it is the result of voluntary and conscious action of the employee; incentive legal relations arise, change or terminate only on the basis of legal incentives. Legal incentives generate a stimulating legal relationship and are directly realized through it; the subjects of stimulating legal relations are the bearers of subjective rights and legal obligations; stimulating legal relationship is characterized by such a quality as individuality, it identifies specific participants and determines the extent of their lawful behavior; stimulating legal relations are voluntary. For their emergence, it is not enough to have a legal incentive that includes the state will. The main thing is the manifestation of the will of its participants, as the stimulating legal relationship is realized, primarily through human consciousness; stimulating legal relations are especially protected by the state, which is directly interested in their effectiveness. Based on an in-depth theoretical analysis of existing views in legal science, the relationship between legal incentives and incentive legal relations in labor law is revealed. The process of stimulating employees from the point of view of its legal nature is analyzed. Emphasis is placed on the fact that the emergence and development of incentive legal relations is directly dependent on the mechanism of legal incentives. The mechanism of legal incentives is a complex systemic phenomenon, the components of which are formed as a mechanism of legal regulation - the main special legal form of legal influence, and non-legal forms of legal influence, which in some way from the internal characteristics of the person. It is emphasized that certain legal remedies, which are presented in the mechanism of legal incentives, do not affect the effectiveness of this mechanism and only in their totality and interaction, they ensure its effective operation.