The natural of legal restrictions
Authors: Kelman M.S. , Kelman R.M. 
Published: October 2023

The relevance of issues related to legal restrictions is evidenced by a number of provisions.

Recently, the situation in the world has changed dramatically. At the current stage of human development, the importance of two subjects in the total number of persons operating in the international arena has increased in particular - an individual person and humanity as a whole. But now, as throughout history, finding a balance between their interests remains an important task.

One of the means that serves to regulate relations in society and is aimed at deterring, as well as destructive activity and maintaining a balance of interests, are legal restrictions. Granting a person certain rights and setting their limits, imposing obligations, prohibiting certain actions, law with their help delineates the sphere of personal desires and aspirations by the interests of society.

The formation of a democratic society and the rule of law is closely related to legal restrictions. The rights and freedoms of a person and a citizen are a priority, but they are not absolute and limitless. To maintain stability in the country, to ensure the conditions for the existence of each individual and the progressive development of society and the state, a system of restrictions on rights and freedoms adequate to the existing conditions is necessary.

The need to study legal restrictions is also dictated by the fact that the rule of law cannot be imagined without a well-established and clearly functioning mechanism of legal influence. In accordance with the goals and tasks of legal regulation that have changed, the means of influencing the subjects of legal relations must also change. The issue of legal means, their qualitative use in law-making and law-enforcement processes is always relevant and has great scientific and practical significance. Without its proper solution, it is impossible to create an optimal mechanism of legal regulation.

Today in science there are different approaches to understanding the essence and role of legal restrictions. This is explained by the integrative, generalized nature of the category under consideration. But since it is widely used in legislation at all levels and in legal science, there is a need to clarify the meaning of this concept.

All the mentioned circumstances indicate the need to develop a unified approach to understanding the essence, role and conditions of the effectiveness of the application of legal restrictions at all levels, and therefore, the need for their full and comprehensive analysis.

The analysis of the key term is completely neglected in modern literature. Especially according to all available sources of the unified version of the used category in modern legal theory. Although, at the same time, it cannot be claimed that there is a complete lack of attention to the concept of «ban».

It is justified that the concept of limitation appears as a determining factor of legal discourse. The need to improve scientific ideas for law enforcement practice refers to restrictions as one of the methods of legal regulation, as well as differentiation of the limits of restrictions that regulate relations in other branches of law (housing, customs, agricultural, business, family, labor, etc.).

It is proved that the terminological inadequacy of the definition of «restriction» confirms the ambiguity of its semantics revealed in philosophical, linguistic, legal, psychological, etc. discourses. This testifies to the huge potential content essence of the functional concept. Therefore, it is not enough to assess the limitations only from criminal law or from philosophical positions in the process of law-making or law­enforcement activities. In order to determine the positive long-term consequences of restrictive measures, a comprehensive approach to assessing the normativity of the proposed restrictions is justified.

It was concluded that taboos are subject to spatial and temporal transformations and evaluations. Acceptable changes in restrictions are partial (temporary) as a means to improve the moral and psychological atmosphere in society (collective). Positive incentives are also expected from restrictions. The problem of the cross-industry functioning of bans and their uniformity is an important large-scale work that expects its promising development for the field of legal regulation.