THE DIALECTICAL NATURE OF STIMULATING LEGAL MEANS, OR WHY IS A LEGAL INCENTIVE NOT IDENTICAL TO A LEGAL RESTRICTION
The article investigates the essence and nature of legal incentives through the prism of the informational and psychological aspect of the operation of law and the binary nature of information as a method of analyzing legal means in the legal regulation. The author pays particular attention to the critical analysis of approaches to the study of legal incentives, which are based on either incorrect citations of traditional concepts of the investigated categories, or an incorrect understanding of their content. The research defends that a legal incentive cannot be interpreted as a negative, limiting, in fact, legal means, but, due to its dialectical nature, has the potential to positively restrain certain social activity.