The legal axioms of presumption and fiction, prejudice are such legal structures that are created as the theoretical field develops and the provisions are put into practice. This is the result of experience that is important for the regulation and organization of the field of legal creativity, the application of restrictions. All these norms are significant for conducting trials, investigations, for carrying out activities by prosecutors, for legal consciousness and raising the rule of law, and for becoming aware of the significance of laws.
general information
All varieties of presumptions have a rather wide scope. To some extent, these standards can be called social regulators. They are important, useful if atypical circumstances are formed. You can use them with standard legal practice.
In specialized publications and textbooks one can find definitions of what are legal presumptions and fictions. The first is a subspecies of the general composition, which to some extent reflects legal acts. This norm is explained by the characteristics of relations in society and official restrictions on their regulation. Accordingly, this subtype of presumption is relevant only for the jurisphere.
Legal fiction refers to provisions that are absent in reality, but have actual value due to the characteristics of the current system. These are the tricks that are used by the creators of laws, so that you can overcome the regulatory regime that is relevant for the current moment.
Nature of the norm
Presumption is a certain assumption, the author of which believes that the phenomenon exists or will occur. Legal structure may extend to circumstances, facts. The presumption is due to the observation of repetitions of various situations in life.
If something can happen systematically, it makes sense to put forward an assumption: it will be repeated again when similar circumstances arise. This is a likely conclusion, by virtue of which the presumption receives prognostic quality. It is important for knowing the world, it is the means by which they seek the truth. Criminal legal presumption is also significant for theory, science, and the practical application of existing laws.
Officially in the legal field, the composition under consideration is called the assumptions that are recorded in the regulatory documentation. They apply to the fact of the presence of certain facts or their absence. Every assumption is formed if there is an obvious connection with the processes taking place in reality. An alternative is the ability to find confirmation from previous experience.
About regulations in more detail
The legal presumptions used in the process of proof are a subspecies of the general. They are reflected in the official documentation that defines the laws within our country. The need for such compositions follows from the legal mediation of relations prevailing in society. Such phenomena are strictly relevant for the legal sphere.
It is customary to define presumptions in the field of law dynamically, statically. The first means the obligation of specific state institutions, individuals, when performing, to recognize a certain fact as established, if it fits into the assumption. This is convenient from the point of view of the process, but does not take into account some features of the considered norm.
For most lawyers, the static format for determining the presumption is relevant. He suggests perceiving norms (as assumptions defined directly) indirectly by rights. From certain assumptions it follows that some social relations are standard, ordinary, which means that they do not need to be proved.
About signs
Based on the concept of legal presumption, it is possible to formulate the features characteristic of this norm. The first and main - belonging to legal and at the same time technical methods. Lawmakers, persons responsible for applying the rule of law resort to them.
It follows from the definition that one of the main features is probability. The presumption acts as an assumption, the degree of truth of which varies from case to case - sometimes quite high, sometimes tends to zero.
Among the signs it should be noted that they belong to general presumptions - the legal ones are only a subspecies of this phenomenon, distinguished by its consolidation in the norms. At the same time, the situation under consideration is correlated with circumstances (their presence, absence), which are significant from the point of view of the law and initiate some consequences. Such circumstances are called legal facts.
Breeding method
The legal presumptions used in the process of proof are derived by a complicated version of the application of the induction method. The base is a simple enumeration to which generalization mechanisms are applied. Law is an area in which it is impossible to be absolutely sure of the truth of some assumption. Social science, in principle, does not belong to the list of exact ones.
Specialists are well aware of how often exceptions are encountered - much more often than legal scholars would like. As a result, presumptions are assumptions whose probability level needs to be determined. The assumption is the starting point for formulating conclusions about the impossibility of the formation of an irrefutable composition. For absolutely any assumption, you can come up with at least one exceptional situation.
About categories
There are several types of legal presumptions. The division into categories is determined by the nuances of consolidation in the legislation. The two main ones are legal and factual. Some are fixed in the norms or can follow from them through the interpretation of the text, others are completely absent in the official documentation. Actual ones are essentially meaningless, but are taken into account in each individual case regarding the person who uses them to form his beliefs. Legal presumptions are enshrined either directly or indirectly in official texts. Based on the characteristics of consolidation, they divide all the norms into indirect and direct.
Direct are clearly defined in law. They do not force the interpreter to further seek out values and refinements. An example of a legal presumption of this type: if X is known, Y is assumed until this assumption is refuted. Indirect are revealed in the analysis of a certain norm, its logic, and grammar.
Division - what else?
An alternative format is to distinguish among the total number of refutables when evaluating all others as irrefutable. This classification method has been criticized by jurists for more than a year. In any case, the presumption is something probable, which means that any such norm can find a refutation sooner or later, only the order differs. If there is a dispositive consolidation format, one of the sides of the process indicates an alternative behavioral strategy.
With the imperative format, no other behavioral option exists, so you have to resort to other methods of proof. So, if there is an assumption that the person did not know the new legislation, for its confirmation they can indicate a continued existence away from news sources.
You can classify all the presumptions on the scope of application to legal relations: material, procedural. Some lawyers consider this division incorrect, since the main percentage of assumptions is important only at the stage of proof. It is very difficult to detect the absolutely material norm of the type in question.
They also say that legal presumption is either a principle or a general jur. phenomenon. The division into industry norms and those that are relevant for several industries at once is accepted.
The actual details
A legal presumption of this type is a statement in which it is assumed that a fact exists. The lawyer has information about another event, which is established reliably, and forms a relationship of cause and effect. Communication is notable for instability. This category of presumptions includes two subspecies: search and evaluation.
The first means a statement about some data that are relevant to the issue in question and, apparently, exist. It is believed that some person or group has such information. The selection of a group is determined by a certain sign or several at once. The search presumption includes the assumption that there is data that can be discovered by studying the quality of certain objects. The level of probability of formulations of this type varies. Based on it, those for which it is high, medium, low are distinguished.
About evaluative
Evaluative legal presumption is a statement in which the probability of the presence of a certain quality or several at the same time, allowing to talk about proper evidence, is fixed. They analyze the admissibility of the application of the fact, its relation to the issue under consideration, the degree of reliability and completeness. Such a presumption can be applied to some data obtained from a source that has already been carefully studied by the person who applies the law.
This type of assumption can only have a high probable level. It is customary to divide into groups, starting from the assessment format. Some estimates provide an opportunity to analyze the possibility of assuming the use of the presumption, while others say that it is relevant. Some indicate credibility, others give an idea of how well the source of information is fully investigated. Based on the assessment of the presumption, it can be concluded whether specific facts exist or not.
About the nuances
It follows from laws and definitions that legal presumption is a norm, which, being factual, must have a justification. This means that it can necessarily reflect only such relationships of cause and effect that exist in the real world. Persons responsible for applying the law sometimes draw up actual presumptions without sufficient justification. As a result, they reflect relationships that do not exist in reality. Often, such a presumption expresses only the prejudices of the person responsible for the application of the law. In this way they can find the expression of prejudice inherent in the person.
About legal types in detail
Legal legal presumptions, fictions - important phenomena applicable by persons responsible for the implementation of legal standards. Compositions of this type are statements about the existence (certified and conventional) of a fact, coupled with another, also established strictly reliably, reliably. The connection may be with one such fact or several at once. In the framework of such a definition, they speak of a tetical connection, that is, uniting some processes, phenomena, and situations that happen. Such a connection appears due to the willful decision of the normator - the nationality, which has adopted some legislative acts, documents, and the constitution. The normator is a state body competent in matters of creating a jur. provisions.
Legal presumptions and axioms come in many forms and types. This division into groups did not bypass legal varieties that are rebuttable and not being such. Refutables are statements in which a certain reliable conventional fact is recorded, whose existence is not in doubt. A tetical connection is inherent in this fact. Such a presumption should reflect the chain between events, facts that exist in reality. Each rebuttable assumption is a legal formal method of eliminating doubts of the person applying the law. This presumption is especially important when the application cannot establish the truth objectively, and there is no fault in it.
Refutable - more in detail
The significance of this type of legal presumption is that it allows you to evenly distribute the burden of proof. A refutation is possible on the part of one of the participants in the process. The party interested in refuting the presumption is the one against whom it is directed. For refutation, they use the complex amount of information accumulated when applying sources of data important for proving. Such a presumption is used if the total amount of data on the issue under study is still insufficient to accurately formulate a conclusion. It is relevant if it is not possible to determine whether there are facts significant for the investigation or those are absent.
The presumptions of the subtype in question may be sectoral, general, legal. The use of special options does not allow resorting to general refutables. General are distinguished by the fact that they apply to all legal spheres and are refuted by interested persons. The refutation process is similar to that characteristic of industry presumptions.
About fiction
This is the name of rule-making, dedicated to determining the consequences associated with facts that obviously cannot happen in reality. Any fiction is events that are "allowed." This is a technique used by the legislator in order to eliminate the limitations of the current regulatory regime. The positions of fiction are those that cannot take place in reality, but are perceived as factual due to the jurisprudence. standards. This is a phenomenon of the validity of law. Fictions, although they do not exist, are followed by legal consequences. Initially, these are untrue provisions.