Journal of Siberian Federal University. Humanities & Social Sciences: Prohibitions in Legal Policy of Modern Russia: Social Foundations

Journal of Siberian Federal University. Humanities & Social Sciences / Prohibitions in Legal Policy of Modern Russia: Social Foundations

Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2017 10 (4)
Authors: Malko, Alexander V.; Vyrleeva-Balaeva, Olga S.
Contact information: Malko, Alexander V.: Saratov Branch of Institute of State and Law Russian Academy of Science 135 Chernyshevsky Str., Saratov, 410028, Russia; Vyrleeva-Balaeva,Olga S.: Orenburg Institute (Branch) Kutafin Moscow State Law University (MSAL) 50 Komsomol’skaya Str., Orenburg, 460000, Russia; ;
Keywords: legal policy; aim; means; prohibition; restriction; lawmaking; legislation; law enforcement; legal development of society
Abstract: The article studies prohibitions serving as significant means of legal policy, analyses their place and role in the process of formation and implementation of the modern Russian legal policy. The thesis that prohibitions require support not only by legal means, but also by social norms, general culture, material resources for the adopting fully realised legal policy, is reasoned. The article states that the principle “not prohibited by law means permitted” is effective only in the presence of a moral basis, stable traditions of orderliness, culture, internal readiness for self-restriction. It is proposed to add the pointed formula with the following phrases: “everything is permitted that is not prohibited by law and not forbidden by morals”
Pages: 537-543
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/32338