The thesis is devoted to a comprehensive study of the preventive mechanism of modern law, clarification of its features and components and the development of preventive-oriented changes to legal acts.
The historiography of legal prevention is comprehensively analyzing, making possible to identify approaches, directions and gaps of doctrinal research on the preventive mechanism of modern law. Certain approaches to legal research of prevention are highlighted: general theoretical approach, criminal law-based approach, public and private law approaches. Each approach is divided into the following areas of research: the preventive function (subfunction) of law (in the whole or in the certain legal communities respectively); prevention of conflicts; preventive function of legal responsibility; preventive activities of the internal affairs agencies (in private law – preventive activities of the notaries).
Preventive mechanism of modern law is examined on methodological framework, namely a preventive-teleological researching approach is formulated. According to the author, it consists of the consideration of norms, institutions, subjects, sources of law, legal
concepts, legal acts, etc. through the prism of their preventive purpose. In terms of this approach, individual subjects (mediators, legal clinics, ombudsperson, etc.) and concepts (rule of law, constitutionalism, good governance, sustainable development) are considered.
The division of the preventive mechanism of modern law was carried out. This mechanism consists of system and structural components. The system component has at least six main criteria for division: functions, limits and scale of influence, stages, object,
subject and legal regime, subjects. The structural component of prevention consists of teleological, normative, subjective and value-dynamic elements.
The concept of stability of legislation as a component of the rule of law and a safeguard against human rights violations was examined. The stability of legislation means its ability to regulate public relations without significant changes over a long period in compliance with “legitimate expectations”. According to the results of the study, the need to complement the Chapter II of the Constitution of Ukraine “Human and Citizens’ Rights, Freedoms and Duties” (after the current Part 1 of Article 38) with the norms of the stability of electoral legislation of the following content: “Changes to the election legislation regarding votes in the mandates, the conduct of the boundaries of districts and the procedure of forming election commissions shall come into force not earlier than two hundred and forty days after their promulgation”.
