Legal fact

A legal fact is one of the main problems inlegal practice. An incorrect evaluation of it can lead to the fact that one circumstance will not be given a proper legal value, while others will be attributed characteristics that are not characteristic of them. For a common culture of law, competent work with legal facts is an integral component.

In resolving a legal issue,On the one hand, an accurate analysis of the applied norms. Together with this, it is determined which facts, in accordance with the norm, fall into the category of legal. On the other hand, a thorough analysis of the actual facts of the case is carried out. At the same time it is established whether there really were facts that stipulated the rule of law. From the practical point of view, the use of the rule of law is, to a large extent, the essence of the activity of the bodies of justice.

The legal fact is the sphere in whichlegal provisions come into contact with a concrete reality, real life. In this regard, legal relations are considered within the framework of the problems of actual relations. Thus, the legal fact reflects the connection between the research of these legal interactions with sociology, management science and other social disciplines.

Any legal relationship has prerequisites -previous circumstances. They are the regulatory and legal basis for the formation, termination or modification of the legal relationship between these or other entities. These circumstances are legal facts.

Legal relations and norms of law - conceptsdialectically interconnected. At the same time, a legal fact is considered to some extent a mechanism of action. Thanks to his work, the rule of law is set in motion. On its basis, the legal relationship is formed (terminated or changed). If there is no legal fact, then the law and norm, in general, are an unrealized abstraction.

It should be noted that the right does not generatecircumstances. Legal facts exist regardless of him. However, the law gives them the appropriate status, which ensures their regulation and streamlining of public and state life. Thus, the reaction of the norm to a certain situation, which is provided for in its situation, is manifested. Legal facts act as direct causes, grounds for the formation and functioning of legal relations.

When using the norms, it is necessarytake into account that the circumstances act as a link to reality. Legal facts are endowed with different social values. This is due to the fact that they can be significant for the state, society or individual.

The necessity and importance of a specific legalfact for the formation and development of legal relations particularly clearly and clearly emphasizes the existence of an inseparable connection between actual behavior and the rule of law, the inability to separate one from the other. Circumstance generates a movement of the rule of law. With the help of legal facts, its (norms) of reality and reality are checked.

Thus, the circumstance facilitates the activation of the regulatory mechanism, being in most cases an act of behavior that functions by the will of a person or outside of its dependence.

Different kinds of legal facts have their ownfeatures. So, for example, there are circumstances that characterize the absence or presence of separate phenomena in the material world. Such facts, in particular, include the absence of kinship, the existence of an offense, and others.