Alternative punitive and incentive sanctions in land law

Автор: Chuklova Elena Valerievna

Журнал: Правовое государство: теория и практика @pravgos

Рубрика: Земельное право

Статья в выпуске: 4 (54), 2018 года.

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A sanction today is a legal category, the essence of which causes a lot of disputes. The sanction is an object of scientific research not only in law, but also in most humanitarian, political and social sciences, and, in fact, it is a complex and contradictory design. The sanction of a law enforcement norm in land law provides for compensatory remedies taken towards the offender, and can be provided not only by land legislation, but also by the norms of other branches of law. In land law, dividing sanctions into relatively specific and absolutely specific, alternative and non-alternative is quite conventional. We propose to move away from the traditional understanding of alternative sanctions as a sanction providing for several types of punishment, one of which can be applied to the offender and we propose to determine levels of alternativeness. At the first level, the choice is made between the measures of several types of responsibility, at the second level - between the measures of one chosen responsibility, at the third level the choice of the size and the term of punishment is made. As for incentive sanctions, most of them are blanket in nature and are fixed mainly in order to protect public interests, they are manifested through the obligation to provide goods, removal of obligations, restoration of rights.

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Punishment, incentive, alternative sanctions, punitive sanctions, incentive sanctions, land legal relations, sanction design, responsibility in land law, measures of responsibility, classification of sanctions

Короткий адрес: https://sciup.org/142233969

IDR: 142233969

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