In administrative law , no relationship can arise just like that. This process is always preceded by certain events or various actions performed by subjects. Together, they represent the basis for the emergence of administrative legal relations, their changes or termination - in other words, legal facts.
Legal fact: concept
A legal fact in administrative law is defined as a circumstance in which between the parties, in accordance with the requirements of an administrative law, specific legal relations should (or may) arise. The definition also contains the meaning of the name. They are called legal for the reason that they are provided directly in the hypothesis of an administrative norm and indirectly in its disposition or sanction. There is a clear logical chain. As soon as the facts arise, indicated in the hypothesis of the norm of administrative law, so immediately it begins to act. Consequently, persons who are its addressees acquire the rights and obligations reflected in the disposition.
In addition, a legal fact in administrative law can be called such in those cases when it, together with its rules, determines a certain content of the relationship.
There is a detailed classification of legal entities. facts on several criteria, including the subject (volitional attribute), the nature of the consequences, the quantitative composition. This issue is detailed in the theory of state and law. Let us dwell on the main points of the classification.
Subject Classification
Depending on the volitional attribute, the following types of legal facts in administrative law are determined: actions (the most common) and events. The former refers to circumstances that depend directly on the will of the person. The actions taken, in turn, can be divided into two categories: legitimate and unlawful. In other words, standards that comply with the regulations or violate them.
In turn, actions of a lawful nature can be expressed in two forms: legal acts and actions. Their difference lies in the fact that some are specifically aimed at achieving (offensive) certain legal consequences, while others do not, but, nevertheless, cause them.
Classification by the nature of the consequences that occurred
Depending on the consequences, a legal fact in administrative law may be:
- law-making, that is, causing the emergence of certain legal relations (hiring, joining the military service, etc.);
- terminating - causes the termination of legal relations (graduation, dismissal, etc.);
- law-changing - legal facts that change legal relations (exchange of living space, transfer of an employee to another position).
Examples of legal facts in administrative law can help in understanding the essence and significance of this phenomenon. So, legal actions can be expressed in the discovery by a person of a lost thing, the discovery of a treasure, etc. In addition, they include actions that consist in creating works of literature, art and science. At the same time, copyright arises on the result of intellectual activity. However, the author may not suspect them. However, in any case, he becomes the owner of the rights in the presence of the fact of creation of the work.
Classification by quantitative composition
Quite often, one legal fact in administrative law cannot lead to the formation of consequences stipulated by a legal norm, it is necessary that there be several of them. For example, for the emergence of a pension relationship, you must have several conditions at once: reaching a certain age, seniority, decision of the competent authority on the appointment of a person with a pension. That is, a certain set of facts arises, which is called the “legal structure”. It, in turn, is classified into several types:
- completed legal structures - take place when all the necessary facts are available;
- incomplete legal structures, that is, when the process of accumulation of facts continues;
- simple legal structures - all facts belong to one particular branch of law;
- complex legal structures - are formed by a complex of facts belonging to various industries, and their accumulation occurs in a certain sequence.
Functions of Legal Facts
Firstly, the main role of legal facts in administrative law is to ensure that the principle of legality is observed in practice, implying a clear certainty of norms. In other words, if the state imposes certain restrictions on people's behavior, then at least they should have clear and unambiguous boundaries and formulations.
Secondly, as mentioned above, legal facts in administrative law ensure the emergence of administrative legal relations, their change or termination.
Legal facts are directly related to the real life of people and, in fact, represent a separate episode of reality, the consequences of which are legal in nature.