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LEGAL FACT: CONCEPTS AND FEATURES

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 69)

Publication Date:

Authors : ;

Page : 185-191

Keywords : legal fact; actions; events; circumstances; legal relations; social relations; legal theory;

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Abstract

The article examines the features of a legal fact from the point of view of interpreting the concept and identifying the main features. It has been established that the term «legal facts» combines two closely related aspects: factual and legal. It has been established that the main characteristics of legal facts are individuality, social meaning, objective expression, connection with the law and causal connection with legal results. It has been established that the function of legal facts is to ensure the emergence, change and termination of legal relations. It was found that according to the results, legal facts are divided into: legally formable; amended by law; terminating. It has been determined that legal facts have specificity, individuality, spatiotemporal characteristics, normative formalization and information. It has been revealed that legal facts are specific in nature, expressed in specific actions or events and have specific and objective rather than abstract results. It has been established that the main feature of legal facts is that legal norms reflect the legal model of reality, that is, legal reflection occurs, and it is this feature that allows us to assume whether a particular life situation is a legal fact or not. The classification of legal facts according to the nature of the consequences arising from the presence of certain circumstances is disclosed. The characteristics of the legal fact of civil obligations are determined. The features of legal facts that may affect the content of preventive criminal legal relations are revealed. It has been revealed that legal facts that can be established through separate procedures are normatively established phenomena of reality (specific life circumstances), existing within real space and time, have a directly expressed form and lead to the occurrence of specific events. The peculiarities of legal facts in tax legal relations are noted. The prospect of these studies in this direction is the study of the legal nature of legal facts in labor legislation.

Last modified: 2023-12-28 19:35:01