Research of legal incentives within modern legal science

Abstract

In modern general theoretical jurisprudence, the question of the influence of legal understanding on the formation of the legal culture of an individual and society as a whole remains a debatable issue, based on the fact that ideas about law in its internal and external expression are the basis of an individual’s behavior.The article presents the interpretation of legal incentives from the standpoint of a functional approach, in addition, it is noted that the roots of legal incentives are in the distant past, and its objective necessity is due to a person’s constant desire to receive an appropriate reward. Norms of law, which establish permissions, prohibitions and incentives, cannot have the same structure, since they aim to achieve directly opposite goals.Its stimulation plays the most important role in the formation and activation of useful legal behavior. At the same time, the category of legal incentive as a means of such influence should be distinguished from stimulation as a process of influence on the motivation of the behavior of legal subjects. In the most general form, legal incentives are a type of legal means and provide appropriate incentives in certain branches of law, which conditions the study of legal incentives at the sectoral level among scholars, for example, in labor law, family law, and others.It has been established that the problem of legal stimulation of legal activity is one of the most relevant and significant at the current stage of society’s development. It becomes obvious that with the transition to a different worldview, other forms of influence of the subjects of society, it is necessary to change the paradigm of legal thinking from legal interpretation as a coercive force to an understanding of law as a tool for satisfying the interests of members of society. Undoubtedly, quite a lot has been done on this matter in legal science, however, at the level of legal theory, it is necessary to solve the problem of changing the conceptual mechanism of legal support of lawful activity.In general, legal incentives are a type of legal means that ensure the implementation of law, the connection between the goals of legal regulation and its socially beneficial results.