Kuzmina, M.V. Compensation function within the system of functions of law: theoretical legal aspect

Abstract: The article is devoted to the compensation function of law, its definition, contents, implementation, nature, place within the system of functions of law, its correlation with the restorative function of law. The study of the author allows to make a conclusion that the basis for the compensation function of law is the natural purpose of law as an instrument for the restoration of social justice, requiring its permanent character. As a result of the analysis of the means of implementation of compensation function (implemented via compensating protective and regulative legal relations) the author makes a conclusion on the inclusion of the compensation function into the range of secondary naturally legal functions of law The analysis of legal norms guaranteeing the effect of compensation function both in public and private, national and international law. Evaluating the definition, contents, means of implementation and relations between the compensation and restorative functions, the author of the article makes a conclusion on the need to distinguish these functions.

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