Legal prevention in the context of a wide and understanding understanding

The article deals with the consideration of theoretical approaches to the definition of legal prevention in the context of broad and narrow understanding. Various scientific approaches to the definition of the term legal prevention in terms of criminal, criminal procedural, civil, administrative, labor law have been investigated. The essence of the concept of legal prevention as prevention, prevention and all the basic aspects related to the legal regulation of the legal phenomenon under investigation are revealed. Attention is drawn to the fact that in the prevention of crime and offenses, the question of the methods by which preventive actions are implemented is extremely relevant. It is emphasized that in the legal literature there is no unity on the essence of legal prevention. Some scholars argue about the preventive function of legal liability, others consider it possible to identify the preventive function of law. Instead, it is emphasized that legal prevention is a multifaceted and multifaceted phenomenon, however, it is noted that it cannot be reduced only to the function of law. It is stated that legal prevention is manifested in the form of technical and legal tools: the use in regulations of terminology related to prevention (the terms "termination", "prevention"); use of the list (in the Criminal Procedure Code of Ukraine, the list of precautionary measures is used); use of exceptions (cases of the beginning of carrying out operatively-search actions without the available court decision by way of an exception). It is emphasized that in the science of administrative law administrative prevention as a legal concept and an organic part of the theory of administrative law is considered from such positions as: prevention of negative social behavior of subjects and socially dangerous consequences, carried out in the manner prescribed by law; form of realization of the right; systematized group of measures of administrative and legal coercion; as a method of public administration; a set of certain legal norms (rules of conduct), ie, a sub-institution, which is complex in nature with a predominance of administrative law, establishing a certain system of coercive measures and conditions of application; legal relations of a vertical nature, which imply legal inequality of the subjects, the dominant or managing subject and the subordinate natural or legal person, ie, the managed subject).