Legal fact

A legal fact is one of the main problems in legal practice. An incorrect assessment of it can lead to the fact that some circumstances will not be given the proper legal significance, while others will be attributed characteristics that are not characteristic of them. For a common culture of law, literate work with legal facts is an integral component.

On the one hand, a precise analysis of the applied norms is envisaged in the solution of the legal question. 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 or not there were facts that provide for the rule of law. On the practical side, the use of the rule of law is, to a large extent, the essence of the activities of the justice bodies.

A legal fact is that sphere in which legal provisions come into contact with a concrete reality, real life. In this regard, legal relations are considered within the framework of 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 preconditions - the circumstances preceding it. 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 are concepts that are dialectically interrelated. 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 the norm, in general, are an unrealized abstraction.

It should be noted that the law does not give rise to circumstances. Legal facts exist regardless of him. However, the law gives them an 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 position, is manifested. Legal facts act as direct causes, grounds for the formation and functioning of legal relations.

When using norms, it is necessary to take into account that circumstances act as a link of 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 legal fact for the formation and development of a legal relationship particularly clearly and visually emphasizes the existence of an inseparable connection between the 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 promotes the activation of the regulatory mechanism, being in most cases an act of behavior that operates at the will of a person or outside of its dependence.

Different types of legal facts have their own peculiarities. 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.