That is why deadlines are a fairly common category of legal facts.
In my opinion, the concept of legal fact combines two contradictory but inextricably linked points: it is a phenomenon of reality – an event or action (material moment), which gives rise to the relevant legal consequences (legal moment). This allows us to outline the main features of this concept.
Legal facts are specific, individual circumstances that are life phenomena that exist in a certain space and time. When it comes to facts – actions, the specificity of actions means that they are produced by certain actors and have a specific social and legal meaning. The specificity of legal facts – events is reflected in the fact that they take place in a certain area, in a certain period of time.
Thus, legal facts are such circumstances that contain information about the state of public relations, which are the subject of legal regulation, and they are only such circumstances that directly or indirectly affect the rights and interests of society, state, social groups, individuals.
Socially meaningless events and actions cannot have legal significance. Legal facts can not be abstract concepts, thoughts, events of the inner spiritual life of man and other phenomena. However, the law may take into account the subjective side of actions (guilt, motive, interest, purpose) as elements of a complex legal fact.
It is impossible to say anything about legal facts if we imagine them as a whole. Scientific classification of legal facts is a subtle tool for studying the subject, its essence, its inherent patterns.
The classification of legal facts can be divided into three interdependent principles.
According to the first principle – “will” criterion. According to which all legal facts are divided into events and actions. Actions – human actions, acts of state bodies, etc. Events – natural phenomena, the origin and development of which does not depend on the will and consciousness of man.
According to the second principle, actions are divided into legal and illegal.
The first meet the imperatives of legal norms, they express legitimate (in terms of current legislation) behavior.
Illegal – contradicts legal orders, harms the interests of the individual, the society of the state. The significance of this division is that it covers to some extent the opposite spheres of legal reality.
On the one hand – contracts, actions, administrative acts related to “Normal” legal relations, on the other hand – crimes that cause the emergence of protective legal relations. With a skeptical attitude to legal classifications, one cannot fail to see here the achievement of legal thought, which, in the abstract, encompassed legal facts by a single classification.
According to the third principle, lawful actions are divided into legal acts and legal acts. Actions cause legal consequences regardless of whether the subject was aware or not aware of their legal significance, whether or not they wanted them to occur. A significant part of lawful acts is generated by the material activities of people (production and consumption of material goods, discoveries and inventions).
Legal acts – actions directly aimed at achieving a legal result. By carrying out legal acts, citizens, state bodies and other objects purposefully create, change, terminate legal relations for themselves or for other subjects.
In turn, actions are divided into unilateral and multilateral, positive and negative, and offenses – not intentional, careless and accidental. Among the actions are especially distinguished – legal facts – states, effective actions; legal facts – events that are divided into absolute and relative.
Classification of legal facts – a necessary means of studying legal relations, features of legal regulation. As such, it is widely used in science, practice, and legal education. In my opinion, the scientific and practical value of the classification of legal facts is not yet fully disclosed, its further development may be useful for solving various problems of jurisprudence, including social research in legal science.
Thus, legal facts – actions – the main, defining kind of legal facts. In legal regulation, actions act in different capacities. On the one hand, they serve as grounds for the emergence, change, termination of legal relations, the onset of other legal consequences. On the other hand, they act as a material object that is affected by legal relations and for which legal regulation is actually carried out. Consideration of actions as legal facts, therefore, is only one aspect of studying their role in legal regulation.
Legal actions are a complex and multifaceted object of classification. It is very difficult to include various manifestations of the activity of legal entities in a single classification scheme. The scientific and educational literature uses a number of distributions of legitimate legal facts – actions:
by subjects (actions of citizens, organizations, the state); by legal orientation (legal acts, legal acts); by industry (substantive, procedural); by method of implementation (personally through a representative); by way of expression and consolidation and others.
However, it is unconditional that the allocation of effective actions in a separate kind of legal factors is an example of further deepening of their traditional classification. Making a thing, creating a work of literature, art, science and technology – actions that are not directly aimed at the legal result, that is, according to the accepted classification – these are legal acts.
Systematization of illegal actions plays a significant theoretical and practical role. Among the most important classifications here are units of illegal actions: the degree of public danger (misdemeanors, crimes); by subjects (actions of individuals, organizations); by objects (crimes against the person, crimes in the sphere of economy); by branches of law (criminal, administrative, civil, labor); in the form of guilt (intentional, careless); on the grounds (hooligan, selfish). With the further deepening of this classification there are new subtypes of illegal actions, for example, with the development of public international law there were illegal actions of states, their unions and international and intergovernmental organizations.
Like the distribution of lawful actions, the classification of offenses can hardly be considered complete. Much has been done in the field of criminal law in the study and classification of crimes. The classification of misdemeanors and measures of responsibility for them needs to be improved, due to the fact that under the criminal orientation of Soviet legislation, research on this issue has not been conducted for a long time. A detailed classification of offenses will allow a more differentiated approach to this category of facts, a deeper analysis of their system, a fuller understanding of the legal significance of each type of offense.
The connection between legal facts and legal relations has another side: in the mechanism of legal regulation they can “change places”, ie legal relations are able to act as legal facts.
In the form of legal relations are the most important, the most significant essential connections. Therefore, it is not surprising that the law uses as legal facts such an element of reality as a legal relationship. The enshrinement in the rules of law of facts – legal relations is due to the requirement of legality, the internal laws of law and order, which provides for the coordinated emergence and existence of legal relations.
Fact – the legal relationship has a certain social significance. In a generalized, concentrated form, it absorbs a wide array of social circumstances. All this makes the facts – legal relations attractive for use in legal regulation. Fact – The legal relationship reflects the legal relationship in a generalized form. As a rule, the fact of existence (or absence) of this or that right of the relation has legal value.
Fact – a legal relationship – is a derivative legal fact, secondary to a particular group of social https://123helpme.me/buy-compare-and-contrast-essay/ circumstances. His "legal reliability" largely depends on the perfection of the legal mechanism of legal relations. If this mechanism does not provide an adequate level of legality in the emergence of legal relations, then the use of such a fact as a consequence will transfer the error to a new sphere of public relations. This obliges to be very careful in the use of facts – legal relations, to provide means of control in the structures that include this fact. Legal regulation cannot but reflect that circumstance. The life of the object, the activities of the team and citizens are sometimes invaded by natural factors. Such circumstances are taken into account, in particular, by enshrining in law legal facts and events. Legal events alone and in combination with other legal facts cause the emergence of legal relations, change rights and responsibilities, terminate legal relations.
Legal facts – events can be classified on various grounds: by origin – natural (spontaneous) and dependent on their origin from man; depending on the recurrence of the event – unique and recurring (periodic); by duration – instantaneous (events) and long in time (processes); by the number of participants – personal, collective, mass; the latter – for events with a definite and with an indefinite number. Persons participating in them; by the nature of the consequences – on reversible and irreversible events. The activities of man and society take place in space and time. Temporal length is the most important characteristic of social phenomena and processes. That is why deadlines are a fairly common category of legal facts.
The functions of deadlines in legal regulation are extremely diverse.
Terms are such legal facts that can act only as elements of the actual composition. The term itself, out of connection with the situation, with other legal facts, has no meaning: it matters only as the term of something.
A characteristic feature of the term is the certainty of its initial and final moments. The beginning of the period depends on the legal facts established by law (for example, the moment when a person learned or should have learned about the violation of his right. The end of the term is determined by the expiration of a number of units of time. cannot be used as a legal fact.