«ЗАБОРОНА» ЯК ПОНЯТІЙНИЙ ЕЛЕМЕНТ ПРАВОВОГО РЕГУЛЮВАННЯ

Abstract

Analysis of the key term in modern literature is completely despised. Especially for all available sources of a unified version of the category used in modern legal theory. Although at the same time it cannot be said that there is a complete lack of attention to the concept of "prohibition". It is substantiated that the concept of prohibition is a determining factor in legal discourse. The need to improve scientific ideas for law enforcement practice concerns prohibition as one of the methods of legal regulation, as well as differentiation of prohibitions that regulate relations in other areas of law (housing, customs, agricultural, business, family, labor, etc.). It is proved that the terminological inadequacy of the definition of "prohibition" confirms the ambiguity of its semantics, found in philosophical, linguistic, legal, psychological and other discourses. This indicates the huge potential content essence of the functional concept. Therefore, it is not enough to evaluate the ban only from a criminal law or philosophical standpoint in the process of lawmaking or law enforcement. In order to determine the positive long-term consequences of prohibitive measures, a comprehensive approach to assessing the normative nature of the proposed prohibitions is justified. It is concluded that taboos are subject to spatial and temporal transformations and evaluations. Acceptable changes to prohibitions are partial (temporary) as a means to improve the moral and psychological atmosphere in society (team). Positive incentives are also expected from restrictions. The issue of intersectoral functioning of prohibitions and their unification is an important large-scale work that is waiting for its longterm development for the field of legal regulation.