"Braking Points" in the Law: Concept and Possible Governmental Responses
"Braking points" in legal regulation are such elements of legal regulation that prevent the participants of legal relations (private persons, and in some cases - public authorities, especially at the regional and municipal level) from taking actions aimed at the simplest and most convenient resolution of life situations, at performing actions aimed at development, at the growth of private good, and consequently at the growth of public good (growth of private good is a condition for the growth of public good: taxes, workers, etc.). Not always "braking points" are directly expressed normatively: sometimes it is the administrative and judicial practice, based on seemingly innocuous, "non-braking" norms, that creates a braking effect: this still means the presence of "braking points" in the legal regulation. Gaps in legal regulation can also be "braking points". Usually "braking points" are associated with administrative barriers. But they are only a special case. They can be (and really are) in any sphere of legal regulation, even in civil law (which seems to be quite dispositive), labor law, and criminal law. Many "braking points" are based on an understanding of the risks of the actions they prevent. Here different situations are possible: contrived risks; real risks which are worth taking for the sake of development and an increase in the public good, bearing in mind that human activity is fundamentally based on obtaining benefit through risk; real risks which, because of the high degree of probability of grave consequences outweighing the increase in the public good, require that "braking points" be maintained. But even in the latter case, their modification (adjustment of legal regulation) to find an adequate balance of risks and benefits is not excluded.
p. 310-316.
