Theoretical and legal problems of alternative sanctions: concept and classification

The essential and substantive characteristic of alternative sanctions is impossible without the definition of the concept “alternative sanction” itself and the classification of alternative sanctions. Despite the fact that alternative sanctions are in the norms of the current legislation, they are poorly developed both at the branch and general legal levels as a theoretical and legal construction. The study of alternative sanctions is also complicated due to the lack of a generally accepted concept “sanction of legal liability”. All this necessitates a general theoretical definition of the concept “sanction of legal liability norm”, which is an obligatory structural element of a legal norm, while substantive elements are both negative measures and positive legal liability measures. The main problem of determining alternative sanctions is the fact that on the whole, scholars formulate its concept as an opportunity to choose a type of measure of state and legal impact from the legal liability norm provided for in a particular sanction. The legal nature of alternative sanctions, which is not only a form of sanction of the legal liability norm, but also an independent structural element of the legal norm, remains outside scientists’ attention. In this regard, the need to identify common and distinctive features of the alternative sanction is being updated. Specific features of alternative sanctions include qualitative and quantitative characteristics of measures of state and legal impact, as well as paired relationship between alternative sanctions and mandatory sanctions at the qualitative level of alternativeness. The alternative sanction must be understood as a structural element of a legal liability norm, which gives the right to mandatory choice of a specific measure of state and legal impact among two or more of those listed in this norm, the duration of action and the extent of which are expressed through relatively definitive or absolutely definitive sanctions. Alternative sanctions can be classified both according to some general grounds for classifying the sanctions of legal norms, and such a specific feature of an alternative sanction, as the level of alternativeness.