Page 236 - 6421

authority falling of the law and the state. Prohibition should not be too
much, there is a certain threshold of perception of legal norms,
prohibitions and sanctions for their violation in the public
consciousness. The overwhelming set of prohibitions will result the

fact that among the prohibitions, without which it would be possible to
do away, the really necessary prohibitions will be lost. In addition,
when there are too many prohibitions, it is virtually impossible to

prosecute for every violation of them, and therefore there will be a
thought that they can be violated with impunity.
For the same reason, every ban cannot be accompanied by an
overly strict sanction. If the offender is equally punished for different

degrees of harm and danger of offense, he/she has no incentive to
refrain from more dangerous acts. In addition, excessive penalties can
lead to the condolences of society to the punished, cause a broad

distrust to the justice of the legislator, and excessively frequent
mitigation of penalties by the courts in resolving specific cases,
adversely affects the authority of the law. But unduly rigid sanctions

are ineffective: if the tax deductions or the damage caused by
industrial damage to nature are relatively low, there is insufficient
incentive to stop the unlawful conduct.

The application of sanctions for an offense is carried out in the
procedural form of liability; it has long been noted that the process
and procedure for investigating cases about violations and the
application of sanctions includes a number of complex problems that

significantly affect the interests of the individual and society.
First, legislation on offenses and liability has a social
significance only to the extent of which it is implemented. If state

bodies and officials do not pay attention to offenses or use sanctions
imposed by law in partial force, the members of the society, who are
addressed in fact these prohibitions and sanctions, have the impression
that the prohibitions can be violated with impunity. As a result the rule

of law and the rights of citizens, the authority of law and state is
considerably damaged by increasing number of unpunished offenses.
The second equally acute problem is the possibility of using

coercive measures and sanctions intended against offenses, to persons
who did not violate legal prohibitions. Neither person nor society can
do without protection from the offenders, and thus – without the work

of a special apparatus that protects the right to violations. At the same

236