As we know, law is today the main regulator of public relations throughout the world. Its formation took place throughout the history of mankind. Therefore, today, law is a holistic, multifaceted and universal mechanism for the coordination of society, which once supplanted religion and violence.
The legal sphere regulates the relationship between people. They have their own name - legal relationship. This category is the key in the entire legal industry, because on its basis the differentiation of law is carried out. Moreover, the legal relations themselves are a structural phenomenon. Their system includes certain objects and subjects. However, great interest also causes the moment of legal relations. It is associated with certain facts of a legal nature. The presented category has been repeatedly studied in the theory of law. Therefore, based on existing research, we will try to highlight the concept and types of legal facts, as well as their characteristic features.
Place category in modern jurisprudence
The norms of law and morality, especially the structure of a power, legal relations are all the foundations of the state and law. That is, the current system of society regulation is built on these factors. The key basis of law in this case is the legal relationship, because it is precisely on them that the action of certain legal norms is directed. In the process of studying this category, scientists found that the interaction between people does not arise just like that. This process is preceded by the action of some fact of reality, which is of great importance. Thus, it was revealed that legal relations arise from certain legal facts. This discovery was a real innovation in jurisprudence. Therefore, legal facts as a separate category are included in the key foundations of the state and law. To understand the features of the presented phenomenon, it is necessary to examine in detail its features, types and, of course, their special functions.
The concept of legal facts
In the scientific community, there are many different views on the problems of the previously mentioned category. In other words, each jurist in his own way represents the essence of a legal fact. Such a variety of doctrinal judgments is caused by the lack of legislative consolidation of the concept. Therefore, it is rather difficult to single out a general judgment on a legal fact. Nevertheless, in science there is a classical view of the problems. According to him, legal facts are life circumstances that affect the occurrence, termination or change of legal relations. In addition, such moments of reality carry certain legal consequences. In simpler terms, a legal fact is the starting point of the activity of law. With the onset of a certain fact, the legal industry begins to operate in full.
Key category features
The concept and types of legal facts are, of course, important components of the whole phenomenon. However, signs of significant circumstances of reality are also of great importance. There are several key points that characterize legal facts.
- The presented category is a real circumstance of human life, which exists for a certain period of time.
- Facts of legal significance are provided by dispositions of legal norms of the current legislation. That is, the category is expressed in the provisions of normative acts.
- The legal fact contains significant information about the type of regulated relationship. Circumstances show its type, number of subjects and legitimacy.
- The occurrence of a legal fact in all cases leads to certain legal consequences.
The presented features distinguish the institute from a large number of other similar categories. The concept and types of legal facts make it possible to study it from all possible angles.
Industry division
It is worth noting the fact that legal facts exist in every legal sphere. In other words, depending on the particular industry, circumstances of reality will give rise to completely different in nature and type of legal relations. Take, for example, legal facts in civil law. As a rule, they are associated with the appearance of hereditary, obligatory, insurance and other types of legal relations. Moreover, as we understand it, legal facts in civil law are not unique in nature. The category has found its application in other industries. Such criminal law institutions as liability, punishment, exemption from liability exist only in the presence of circumstances stipulated by applicable law.
Category classification
The significance of legal facts in a particular industry depends largely on their species affiliation. Moreover, it is possible to classify all the circumstances of real life on the basis of a large number of different points. Today, legal facts are divided on the basis of:
- the nature of the legal consequences;
- strong-willed sign;
- quantitative composition of a legal fact.
Of course, other classification groups can be distinguished. Indeed, the idea of the types of legal facts comes directly from scientific research. However, the presented list of groups is generally accepted.
Types of legal facts identified on the basis of legal consequences
In the scientific literature, significant legal circumstances are usually divided into law-making, terminating and law-changing. Each of them in its own way affects the surrounding reality, which is manifested in certain legal consequences. Law-forming facts give rise to legal relations between people. An excellent example is the hiring of a person, registration of a legal entity, etc. Right-handed facts are the exact opposite category.
As we indicated earlier, there is a third type in the presented group of significant moments of reality. These are law enforcement factors. For a long time, their existence was not recognized in the scientific community. However, this category cannot be completely denied, since it really exists. An example is the housing exchange relationship.
Types of legal factors according to volitional grounds
The second classification group includes such legal issues as events and actions. They are divided among themselves depending on the degree of participation of the parties in their appearance. For example, an event is a legal fact that objectively does not depend on the consciousness and will of a person. These include natural disasters, man-made disasters, etc.
As for actions, they are volitional factors emanating from a person in the process of his activity. Such legal facts may comply with established legal standards or go beyond their scope. This moment, in turn, allows you to highlight the subtypes of the category, namely: legitimate and illegal actions. In this case, the occurrence of legal facts will be associated with different in nature activities of each individual person. Thus, legitimate actions are generally accepted, permissible and aimed at achieving a positive, socially significant result. Their implementation is not prohibited, nor is it condemned. As for illegal actions, they are divided according to the degree of public danger. Misconduct in this case refers to petty offenses.
They do little harm to society. Crimes are the most serious type of illegal actions. The level of public danger of such facts is the highest. For crimes the highest responsibility is provided.
The difference in legal facts in quantitative composition
It should be noted that far from all legal relations arise from one significant life circumstance. Therefore, legal facts are usually divided by quantitative composition. According to this classification, there are simple and complex circumstances of life.
The first type of legal facts independently gives rise to legal relations. Complex facts, in turn, arise in a certain system, without which social interaction of a certain type would not exist. An excellent example is the pension relationship, which exists only if a person has full civil legal capacity, seniority and, of course, the decision of a certain body of the Russian Federation. In this case, the establishment of a legal fact takes into account its systemic branches.
Functions of significant legal factors
Any scientific category exists for something. In other words, legal facts have their own lines of action or functions, as they are commonly called. They show the importance and role in the mechanism of legal regulation of society. Thus, the following functions of legal facts are distinguished today, namely:
- ensuring change, emergence and termination of relations;
- guarantee of legality;
- preliminary impact on the legal relationship, etc.
It is worth noting that the functions help to establish the facts of legal significance. As a rule, the identification of such circumstances is carried out on the basis of dispositions of specific rules of law. But, if legislation does not regulate any legal relations, then the establishment of facts of legal significance takes place on the basis of those areas of their activity that were presented above. In other words, the fact of the occurrence of a relationship between subjects will be significant.
Conclusion
So, we tried to find out the concept and types of legal facts. In conclusion, it should be noted that some aspects of this category still require certain changes. After all, the whole mechanism of legal regulation in our state will depend on the quality of its scientific regulation.