Legally significant events. What is an absolute event? Events: what legal sciences say
Legal fact- this is a specific life circumstance (event or action), with the occurrence of which the rule of law connects the emergence, change, termination of legal relations.
Signs:
1) Legal facts in their content are real life facts (phenomena);
2) Legal facts - these are specific, individual circumstances ... If it comes about facts - actions, the concreteness of actions means that they are committed by certain subjects and carry a specific social and legal content. The concreteness of legal facts-events is expressed in the fact that they occur in a certain area at some point in time.
3) Legal facts - these are circumstances, concrete in a certain way expressed outside ... Abstract concepts, thoughts, events of the inner spiritual life of a person cannot be legal facts.
4) Legal facts - these are circumstances consisting in the presence or absence of certain phenomena of the material world ... It should be borne in mind that legal significance can have not only positive (existing) phenomena, but also the so-called negative facts (lack of service subordination, kinship, other registered marriage, etc.)
5) Legal facts are circumstances carrying information about the state of social relations included in the subject legal regulation. Legal facts are such circumstances that directly or indirectly affect the rights and interests of society, the state, the individual;
6) Legal facts - these are circumstances directly or indirectly provided for by the rules of law. Many legal facts are exhaustively defined in the rule of law.
7) Legal facts - these are circumstances that are recorded in the procedural and procedural form established by law. Many legal facts have legal meaning only if they are properly executed and certified (in the form of a document, certificate, etc.)
8) Legal facts - these are the circumstances giving rise to the statutory legal implications. This means, first of all, the emergence, change or termination of legal relations.
Very often, for the emergence of a legal relationship, it is required actual legal composition , that is, a combination of two or more legal facts, the presence of which is necessary for the emergence of legal relations. So, for the emergence of a pension legal relationship, it is necessary to reach a certain age, the presence of work experience and the decision of the authorities social security on the appointment of a pension. For admission to a university, the following facts are required: graduation certificate high school, passing entrance exams or an interview, passing score in the competition, order of the rector to enroll in the first year of the corresponding educational institution. To get married, it is necessary to reach a certain age, the application of the future spouses for registration of marriage and the act of its registration in the registry office.
62. Types of legal facts:
1.According to the consequences, legal facts are divided:
a) legal facts cause the emergence of legal relations (for example, these are civil transactions, the conclusion of an employment contract, marriage, admission to a university, etc.)
b) law-changing facts change legal relationships. For example, a transfer to another job changes the content of the labor legal relationship between the parties, although in general the legal relationship remains.
v) terminating facts condition the termination of legal relations. These are the actions of a person to implement subjective law or fulfilling a legal obligation. However, a legal relationship can be terminated not only as a result of the realization of subjective rights and obligations, but also as a result, for example, of the death of a person (the subject of a legal relationship), the death of a thing (an object of a legal relationship).
One and the same fact can cause several legal consequences. In particular, the death of a citizen can simultaneously cause the emergence of legal relations by inheritance, the termination of the employment relationship, and a change in the legal relationship for the rent of living quarters.
2. By will, legal facts are divided into:
a) events
b) acts (action or inaction)
Developments- the onset of which does not depend on the will of the subjects of legal relations (fire from a lightning strike, expiration of the term, natural death of a person, etc.).
They are divided into absolute and relative.
Absolute events- these are legal facts, the occurrence of which does not depend at all on the will of people(for example, a house fire as a result of a lightning strike leads to an insurance legal relationship between the owner and the insurance company, if the house was insured. The legal fact is not a lightning strike, but the loss of property as a result of the fire).
Relative events- these are legal facts that arise as a result of the actions of third parties. These persons are not participants in legal relations arising from their actions. For example, a fire caused by arson creates a legal relationship between the owner and the insurance company.
Acts- this is action or inaction parties to the relationship.
Acts are divided into actions and inaction.
Actions - these are volitional acts of people's behavior, the external expression of their will and consciousness. They may be lawful and unlawful .
Lawful actions - This is the behavior of people that complies with the rules of law and gives rise to legal consequences.
They are divided into legal acts and legal acts.
Legal acts - these are actions committed with the aim of generating legal consequences (sentences and decisions of the court, contracts between organizations, civil transactions).
Legal deeds Is the actual behavior of people, which constitutes the content of real life relationships and does not pursue legal goals, but objectively generates legal consequences (for example, the creation of a literary work, the implementation of job responsibilities etc.).
Wrongful acts contradict legal requirements, harm the interests of society and the state.
Unlawful acts include offenses, namely: crimes and misconduct.
Inaction – is a passive behavior that does not have external expression... Inaction can be lawful (observance of prohibitions) and unlawful (failure to fulfill an obligation).
Legal facts-events can be classified on various grounds:
a) by origin:natural (spontaneous) and dependent in their origin from man;
b) depending on the recurrence of the event:unique and recurring (periodic);
c) by length in time:instantaneous (incidents) and extended in time (phenomena, processes);
d) by the number of participants:personal, collective, massive; with a certain and indefinite number of participants;
e) by the nature of the consequences that have occurred: reversible and irreversible.
By the form of manifestation:
a) positive – these are legal facts, with the presence which the rule of law binds the emergence, change or termination of legal relations (For example, part 1 of article 12 Family Code RF: “For the conclusion of marriage, mutual voluntary consent of the man and woman entering into marriage, and their attainment of marriageable age are required”).
b) negative – these are legal facts, with no which the rule of law binds the emergence, change or termination of legal relations (For example, article 14 of the Family Code of the Russian Federation Circumstances preventing marriage: It is not allowed to marry: persons of whom at least one person is already in another registered marriage;
By the nature of the action :
a) single action facts
b) facts of continuous legal action
From point of view the duration of the actual circumstances:
a) facts of short-term action;
b) facts of long-term action(for example, creating a work of art);
A special place among legal facts is occupied by legal states , that is, lasting (continuous or periodically arising) circumstances reflecting the position of the subject in society, his relationship with other people, etc. (citizenship, marriage, illness, seniority).
Specific legal facts are presumptions, fictions, prejudicial facts.
Presumption- this is an assumption enshrined in the norms of law about the existence of some fact, which is considered reliable unless (until) the opposite is proved (for example, the presumption of innocence).
Fictions (legal fictions)- non-existent circumstances, which, in accordance with the norms of law, are recognized as existing and, as a result, capable of entailing legal consequences (for example, the recognition of a citizen as deceased - Article 45 of the Civil Code of the Russian Federation).
Prejudicial facts - these are circumstances that have been established by court decisions that have entered into legal force and are binding on all courts when they consider other cases.
63. Legal relationship, its features, place and role in the mechanism of legal regulation.
Legal relationship- this is a public relation regulated by the norms of law and protected by the state, the participants of which have the corresponding subjective rights and legal obligations(V.I. Tsyganov)
Signs of a legal relationship:
1) Legal relationship - it is a public relation governed by the rule of law. Mediating economic, political and other social relations, legal relations serve legal form interactions between the participants in these relations.
2) Legal relationships develop (arise, change or terminate) based on legal norms, in which the state will is expressed and consolidated. If there is no rule of law, there is no legal relationship.
3) Legal relationship is connection between the parties through subjective rights and legal obligations. Within the framework of a legal relationship, the right of one party corresponds to the obligation of the other and vice versa.
4) Legal relationship is a social relationship in which the exercise of subjective right and the performance of a duty are provided with the opportunity state coercion.
5) Legal relationship appears in the form specific (individualized) social connection, and the degree of concretization may be different. Legal relations that arise directly from the law are minimally specified. In such cases, all addressees of a legal norm have general (identical) rights and freedoms and bear equal obligations regardless of any conditions. A typical example is constitutional rights and freedom. Considering the latter in relation to an individual citizen, we translate regulatory prescriptions into the plane of legal relations. Each citizen himself determines to what extent he will use the rights and freedoms that he has in accordance with the Constitution. The average degree of concretization is observed when not only the subject, but also the object of the legal relationship is individualized. For example, in the legal relationship of ownership, the owner and the thing are defined as the object of ownership. The maximum degree of concretization is present in cases where it is known exactly what actions the obliged person must perform in the interests of the entitled person. Here, the object, both sides and the content of the legal connection between them are individually established. So, under a work contract (Article 702 of the Civil Code of the Russian Federation), one party (the contractor) undertakes to perform a certain work on the instructions of the other party (the customer) and hand over its result to the customer, and the customer undertakes to accept the result of the work and pay for it.
6) Legal relationship is always strong-willed attitude, since the will of its participants is necessary for its emergence, at least from one side.
7) Legal relationship is an attitude protected and secured by the state.
8) Legal relationship is an attitude about real good, value, in connection with which the subjects exercise their subjective rights and legal obligations.
Legal relationship has a complex structure of elements. It includes subject, object and content of a legal relationship .
The place and role of legal relations in the mechanism of legal regulation:
Legal relationship is central to the mechanism of legal regulation. Legal norms form the basis of legal regulation. Legal relationships arise only on the basis of the rule of law. If the rule of law is a static state of legal regulation, then the legal relationship is dynamic. Legal relations translate the ideal model of social relations, contained in the rule of law, into the existence of specific subjects of specific rights and obligations.
Subjective law and the corresponding obligation form a legal link between the entitled and obligated parties.
Subjective law- this is provided for the entitled person in order to satisfy his interests measure of possible behavior secured by the legal obligations of others.
Signs of subjective law:
1) Subjective right is measure of possible behavior ... Measure means the border, the limit of the manifestation of something. As applied to subjective law, the measure includes the type and size of possible behavior. For example, the Labor Code of the Russian Federation, which regulates the right to paid leave, also determines the type of behavior ( annual leave with the preservation of average earnings) and its size (duration of vacation). Subjective law is possible behavior, that is, the bearer of the subjective right always has a choice: to act in a certain way or refrain from acting. Subjective right is quite rightly associated with freedom. it measure of freedom.
3) The exercise of the subjective right is secured by the obligation of the other party. In some cases, this obligation consists in refraining from actions that violate the subjective right of the other party, in others - this right is ensured by the performance of the obligation, that is, by the active actions of the obliged person.
4) Subjective right is granted authorized person to satisfy his interests; in the absence of the latter, the incentive for the exercise of subjective rights is lost.
5) This right consists not only in the possibility, but also in the legal or actual behavior of the entitled person.
The structure of subjective law:
Subjective law is a complex phenomenon that includes a number of powers:
a) right to act on one's own aimed at using the useful properties of the object of law (for example, the owner of a thing has the right to use it for its intended purpose). Legal use.
b) right to legal action, to make legal decisions (the owner of a thing can pledge it, donate it, sell it, bequeath it, etc.). Jurisprudence.
v) the right to claim from the other side of the performance of the obligation, that is, the right to someone else's actions (the lender has the right to demand the return of money or things from the borrower). Legal claim.
G) right of claim, which consists in the ability to bring into action the apparatus of coercion against the obligated person, that is, the right to compulsory fulfillment of an obligation (a debt can be forcibly collected, a worker or employee can be reinstated at work). Claim.
Legal obligation- it is prescribed to the obliged person and provided with the possibility of state coercion measure of necessary due conduct which it must follow in the interests of the entitled person.
Signs of a legal obligation:
1) This measure of necessary, proper behavior , a precise definition of what it should be. Compliance with such a measure is mandatory, because the obligation is provided by the possibility of state coercion.
2) It is established on the basis of legal facts and legal requirements.
3) The obligation is established in the interests of the entitled party - an individual or society (state) as a whole.
4) Duty is not only (and not so much) duty, but also the actual actual behavior of the obliged person.
5) The obligated person has no choice between performance and non-performance of the obligation. Failure to fulfill or improper fulfillment of a legal obligation is an offense and entails measures of state coercion.
Legal obligation has three main forms:
1) Refraining from prohibited actions (passive behavior);
2) Taking specific actions (active behavior);
3) Undergoing restrictions on the rights of personal, property or organizational nature(measures of legal responsibility).
Subjective right and duty are inextricably linked. There is no subjective right that is not secured by an obligation, and there is no obligation that does not correspond to a right.
Objects of legal relations
Object of legal relationship- this is the real good, the use or protection of which subjective rights and legal obligations are directed; this is what the rights and obligations of the subjects of legal relations are aimed at, about which they enter into legal relations.
There are 2 approaches to understanding this category:
1) Monistic approach found expression and justification in the works of O.S. Ioffe, M.D. Shargorodsky. From the point of view of this approach, only behavior its participants.
2) Pluralistic approach comes from variety of objects of legal relations , which include:
a) Items of the material world. These include things... In the legal sense, things are objects of nature in their natural state, as well as those created in the process of a person's labor activity, about which a legal relationship arises.
b) Products of spiritual creativity. This is what is the result of intellectual (spiritual, creative) activity: works of art, literature, science, painting, cinema, computer programs, etc.
v) Personal non-property goods. Personal non-property benefits as objects of legal relations are understood to be non-material benefits directly related to a person, his personality. This is life, health, honor, dignity of a person.
G) Behavior of participants in legal relations. Human behavior is expressed either in action (active behavior) or inaction (passive behavior).
e) The results of the behavior of participants in legal relations
Behavioral outcomes are the consequences of an action or inaction. Many legal relationships are established in order to achieve a certain result through the behavior of individuals. In this case, not the behavior itself will be the object of the legal relationship, but the result of the behavior. An example is a legal relationship arising on the basis of a contract of carriage (Article 78 of the Civil Code of the Russian Federation).
e) Documents and securities – passports, certificates, diplomas, certificates, protocols investigative actions, administrative protocols.
Types of legal relationships
I) By industry or depending on the subject of legal regulation : constitutional, civil, administrative, etc.
II) By functions of law:
1) Regulatory relationship are the result of the implementation of the regulatory norms of law, securing a certain order of relations. Associated with the establishment of positive rights and obligations and their implementation.
Regulatory legal relationships, in turn, are divided into:
a) active expressing the dynamic function of law and formed on the basis of binding norms, the implementation of certain positive actions (for example, a tax legal relationship);
b) passive expressing the static function of law and formed on the basis of ruling and prohibiting norms ( Copyright relation).
2) Protective legal relationship appear on the basis of protective norms of law as a result of the commission of an offense, are associated with state coercion, the emergence and implementation of legal responsibility.
III) Depending on the degree of concretization (individualization) of the subjects (parties):
1) relative legal relationship. They specifically (by name) define both parties (entitled and obligated persons) (buyer and seller, supplier and recipient, plaintiff and defendant, employer and employee).
2) absolute legal relationship. They name only the entitled party, and the obligated party is everyone and everyone whose duty is to refrain from violating subjective rights (legal relations arising from property rights, copyright).
IV) Depending on the nature:
1) material, emerging from norms substantive law(for example, financial, labor, etc.).
2) procedural, arising on the basis of procedural rules of law. They provide for the procedure for exercising the rights and obligations of subjects, the procedure for resolving a legal case (criminal procedural, civil procedural, etc.)
V) Depending on the composition of the participants (number of parties):
1) simple arising between two entities (for example, the legal relationship of purchase and sale);
2) complex arising between several subjects (legal relations of serving a criminal sentence).
Vi) Depending on the duration of the action:
1) short-term(for example, legal relations of exchange, participation in elections);
2) long-term, lasting(for example, the legal relationship of citizenship);
Vii) By regulation methods :
1) Management, based on the power relationships of subjects (plant director and employee, commander of a military unit and his subordinate);
2) Contractual, which are characterized by the equality of the parties, their autonomous position relative to each other (the relationship of commercial firms);
VIII) By the composition of the participants:
1) Bilateral, arising between two entities (lease agreement);
2) Multilateral, where there are three or more participants (buying and selling through an intermediary);
IX) By importance:
1) Main (main);
2) Derivatives;
For example, on the basis of filing a claim with the court, the main legal relationship arises between the court and the participants in the process (the plaintiff and the defendant). This relationship lasts continuously from the beginning to the end of the process. If a prosecutor, an expert or third parties are involved in the process, then additional procedural legal relations arise between the court and these participants in the process (court-prosecutor, court-expert).
66 .Realization of law: concept, forms
Exercise of the right - the actual actions, actions of the parties to the legal relationship on the mutual fulfillment of their subjective rights and obligations (Petrov A.V.).
The implementation of law (more precisely, we should talk about the implementation of legal relations) is the final stage of the mechanism of legal regulation, at which the prescriptions of legal norms, concretized in legal relations in the form of subjective rights and subjective obligations, are embodied in the real behavior of people. The content and result of the implementation of legal relations is lawful conduct subjects, the exercise of their rights and obligations in accordance with the prescriptions of legal norms. As a result of lawful behavior, stability, orderliness of social relations is achieved, the goals of legal regulation are realized (Petrov A.V.).
The law makes sense if it is implemented. Legislation is not an end in itself for law-making bodies. The implementation of the right is the final stage of the legal regulation mechanism, when subjective rights and legal obligations are embodied in the real behavior of people. The implementation of the law in its content is the legitimate behavior of the subjects.
Depending on the criterion, you can distinguish various forms of implementation of the right.
By subject : individual and collective forms of implementation.
On the outside : action and inaction.
Depending on the nature of the actions of the subjects, there are 4 forms of exercising the right:
1) observance - refraining from actions prohibited by the norms of law, that is, passive behavior. This is the implementation of prohibitive norms (prohibition norms). Norms - prohibitions - these are many norms of the Criminal Code of the Russian Federation, many norms of administrative law. For example, an employee does not violate the prohibitions established in the internal labor regulations.
2) execution associated with the performance of duties, that is, actions strictly defined in the law in the interests of the entitled party. This is the implementation binding norms that provide positive responsibilities that require active behavior: pay tax, deliver goods to a buyer, perform work under an employment contract, appear in court on a summons as witnesses, etc.
3) usage is expressed in the implementation subjective rights, through this, the person satisfies his own interest and thereby achieves a certain good. In this form, the authoritative norms are implemented, in the dispositions of which subjective rights are provided. Subjective law involves both active and passive behavior. The subject behaves passively if he refuses to exercise his right. A characteristic feature of this form is voluntariness. Nobody can force a citizen to use his right.
An example of active behavior: receiving higher education, participation in elections, etc.
4) application - this is the authoritative activity of competent state bodies and officials on the preparation and adoption of an individual decision on a legal case based on legal facts and specific legal norms (for example, in accordance with the Criminal Code, a court pronounces a sentence on a defendant for committing a crime).
67. Application of law as a special form of its implementation
The implementation of the law in most cases occurs without the participation of the state and its bodies. Citizens and organizations voluntarily, without coercion, by mutual consent, enter into legal relationship within the framework of which they use subjective rights, fulfill their duties and comply with the prohibitions established by law. However, in some typical situations there is a need for state intervention, without which the implementation of the law is impossible. The purpose of the application of the law is to ensure the normal course of the implementation of the law.
Application - this is a special form of realization of the right and is characterized by the following signs :
1) Special subject ... The application of the law is carried out by authorized state bodies or officials vested with the functions of state power , that is, it has state-power character , that is, the acts that are issued in the process of law enforcement are binding on the persons to whom they are addressed and their failure to comply entails state coercion.
2) has individual character ... Law enforcement is associated with the adoption of a decision on a specific case and its execution and is carried out in relation to strictly established persons.
3) is aimed at establishing specific legal consequences - subjective rights, duties, responsibilities ;
4) is implemented in specially provided procedural forms ... This activity is strictly regulated by the law;
5) ends with the issuance of an individual legal decision, that is adoption of a law enforcement act (for example, a court verdict, judgment on the case, etc.) .
6) this organizing activities , since it is a solution to a specific case, life case, a certain legal situation. This is the "application of the law", legal norms to specific persons, specific circumstances.
7) has a series of stages (establishing the factual and legal basis of the case, making a decision);
The application of the law is necessary in cases where:
1) A legal relationship cannot arise without the imperious order of a state body or official (for example, the establishment of the right to receive a pension);
2) There are disputes about the law and the parties themselves cannot reach an agreement or there are obstacles to the exercise of subjective rights (for example, the division of property by the spouses);
3) Social relations, due to their special importance, must be monitored from the standpoint of legality (for example, marriage registration);
4) There is a need for state coercion (for example, in bringing to legal responsibility, since an offense has been committed and it is necessary to implement sanctions against the offender);
5) It is required to officially establish, confirm the presence or absence of specific facts and recognize their legal significance (recognition of a person as missing, recognition of a person as deceased);
6) It is necessary to protect someone's subjective right;
7) It is necessary to carry out the control provided by the law over the correctness of the acquisition of rights and the assignment of duties (notarize, obtain permission for any activity);
8) Implementation of the law with the help and control of a state body;
The application of the law must comply with the following requirements :
1) Legality - strict observance of the order of law enforcement activity established by the legislation;
2) Validity - a complete, comprehensive investigation of all relevant factual circumstances.
3) Expediency - the fullest possible account of the specific circumstances of the case, situation, personality, subject.
Domestic civil legislation, as before, does not know a special part or section devoted to legal facts. The current Civil Code of the Russian Federation only sometimes combines some types of legal facts in articles on the grounds for the emergence of civil rights and obligations 8 of the Civil Code of the Russian Federation of November 30, 1994 N 51-FZ (hereinafter referred to as the Civil Code of the Russian Federation), transactions Art. 153 of the Civil Code of the Russian Federation, grounds for termination of ownership of Art. 235 of the Civil Code of the Russian Federation, the grounds for the occurrence of obligations Clause 2 of Art. 307 of the Civil Code of the Russian Federation, and in some others. This situation, probably, serves as an explanation for the fact that so far the consideration of the problems of legal facts is usually conducted only in relation to their individual types, which cannot be recognized as correct.
The importance of studying legal facts for civil law can hardly be disputed: only the onset of legal facts entails the emergence of the corresponding legal consequences and, on the contrary, the absence of the former does not allow the latter to appear.
The concept of a legal fact. Legal implications
Turning to the theory of legal facts requires, first of all, an understanding of what exactly should be understood by the concept of "legal fact". And here it is necessary at least briefly to analyze the definitions found in modern literature.
In the theory of law, it is customary to define legal facts as life circumstances with which the rules of law associate the onset of legal consequences. At the same time, it is usually emphasized that the rule of law and the legal relationship are connected in such a way that it is the legal fact that is the lever that brings the legal norm into action and entails the onset of legal consequences.
In the theory of civil law, the definition of legal facts receives some clarification. For example, in the civil law textbook of Moscow State University, legal facts are understood as facts of reality, with which applicable laws and others legal acts connect the emergence, change or termination of civil rights and obligations, that is, civil relations; in the textbook of civil law of St. Petersburg state university legal facts are defined as circumstances with which normative acts associate any legal consequences: the emergence, change or termination of civil relations. From the above definitions it follows that for civil law those legal facts that entail legal consequences in the field of civil legal relations are recognized as "valuable".
The definition of legal facts that has developed today in the domestic theory of law, and after that in the civil law doctrine, seems at least not entirely accurate. And there is an explanation for this.
Each life circumstance, as a phenomenon of reality, is concrete. It occurs, for example, by virtue of natural laws (various natural phenomena) or is performed by the forces of a particular person in a certain place, at a certain time and is characterized by certain signs. The onset of such circumstances has an impact on social relations, seeking to streamline which the legislator brings under the rule of law some of the most general typical and essential signs of life circumstances, establishing abstract models of circumstances with which the law associates the occurrence of certain consequences. The onset of a real life circumstance falling under this rule of law entails the emergence of legal consequences provided for by law.
Consequently, the emergence of legal consequences is possible only if there is a "chain" consisting of the following "links":
- 1) consolidation in the rule of law of the legal model of the circumstance, with the occurrence of which certain consequences are associated;
- 2) the onset of the most concrete life circumstance;
- 3) the implementation of the rule of law under which this circumstance falls.
It so happened that the main research interest falls on the first link of the mentioned chain, and practical - on the last one. In other words, by the analysis of legal facts, most theorists understand the study of the legal model of a circumstance (legal abstraction) contained in a rule of law, proceeding, in all likelihood, from a philosophical interpretation of a fact, which is based on understanding it as a model of a phenomenon fixed by means of scientific knowledge. In turn, practitioners direct all their efforts only to find a "suitable" rule of law, under which a specific life situation falls.
This approach is certainly wrong. It is an obstacle to the further development of the theory of legal facts, preventing not only the correct understanding of the essence of a legal fact, but also its correct classification.
To improve the theory of legal facts, it is necessary to pay attention to the analysis of the model of the circumstance established by the rule of law, and to the generalization of specific life circumstances (circumstances that differ from their abstract prototype in many particular features), and the problems of the implementation of the rule of law. Only with this approach will research allow to identify and solve most of the problems posed to the theory of legal facts.
For the purposes of this work, it seems important to reveal the content of the concepts " legal model of circumstance " and " legal fact " , which today are simply identified. At the same time, the introduction and use of the term "legal model of circumstance" (or "abstract model of circumstance") is conditioned by the task to draw a clear division between the circumstances established by the hypothesis of the rule of law and real life circumstances in order to eliminate erroneous ideas and stereotypes existing in the theory of legal facts.
Legal model of the circumstance- This is an abstract (typical) circumstance that is enshrined in the hypothesis of a rule of law (or several rules of law) and with which the rule of law associates the occurrence of certain consequences. Since the rules of law are general rules, designed for an indefinite circle of persons and an unlimited number of cases, the rule of law is abstracted from specific cases and determines these rules based on the legal model of the circumstance, which is possible in reality.
Legal fact traditionally understood as a real life circumstance - a phenomenon or a process. It is not an abstract concept envisaged by the hypothesis of a rule of law, but a certain circumstance that manifests itself in space and time, really exists and falls under the action of the corresponding rule of law. A circumstance that did not take place in reality cannot be considered as a legal fact - it becomes such only from the moment of its actual (factual) occurrence.
Consequently, the definition of a legal fact cannot be based on its understanding as a legal model of a circumstance. At the same time, a rule of law cannot fix in its hypothesis an indication of a specific life circumstance - it provides only rules common to all cases, establishing a model of a circumstance that may occur in the future in reality.
The next point, which undoubtedly requires attention, is the clarification of the criterion for distinguishing legal facts from the general mass of real life circumstances (facts of reality) and an analysis of the differences between them.
It is quite common to say that legal facts are such facts of reality, which are key facts of life, fixing the main thing in a social relation, and are distinguished by a special social value.
However, such judgments about legal facts are very vague, do not indicate the criterion of differentiation and do not allow to clearly delineate legal facts from other life facts - actual circumstances. As a matter of fact, their only difference from actual circumstances is that the former entail the onset of legal consequences, while the latter do not. That is it is not the circumstances themselves as such that are distinguished into legal and factual - differences between them exist only in terms of their significance for law (only legally)... And by themselves, legal and actual actions, being real life actions, do not differ.
Developing what was said earlier, it can be argued that any factual circumstance becomes a legal fact if it falls under the rule of law, which provides for the occurrence of any consequences for such a circumstance . At the same time, once and for all, it will hardly be possible to establish the line between the two groups of circumstances under consideration: the law is constantly developing, formulating new rules and linking their application with new types of phenomena and processes (circumstances).
The inference that an actual circumstance acquires the value of a legal fact if it falls under the action of a rule of law that provides for the consequences of the occurrence of this type of circumstance implies the presence in the current legislation of a rule that links the emergence of a specific legal result to this model of circumstance. In other words, as KF Chilarzh Chilarzh KF wrote, Textbook Institution of Roman Law - M., 1905, p. 41, objective law timed each legal consequence to a certain circumstance established by it.
In particular, with the entry into the unified state register of legal entities, for example, on liquidation (by the commission of a legal action), the law connects the termination of existence legal entity P. 8 Art. 63 of the Civil Code of the Russian Federation. Consequently, the commission by the registrar of such a real action as making an appropriate entry is a legal fact that entails a legal consequence - the liquidation of this legal entity.
In many cases, the rule of law directly and very clearly names (possible) phenomena or processes that entail the onset of certain consequences, but sometimes the law only in general view provides for the possibility of consequences when certain circumstances occur, without specifying these consequences. So, the indication in the Civil Code of the Russian Federation on the possibility of presenting a claim to a counterparty covers the presentation of both a claim and a claim. The claim and the claim are fundamentally similar in one thing: both are a demand aimed at forcing the alleged violator of subjective civil rights to certain (proper) behavior. The main difference between a claim and a claim is manifested in the fact that the first is a remedy that is used by the subject of the defense to directly protect his rights, while the second is a remedy, which is an appeal "for help" to the court, which has the right to issue a mandatory for the parties to the decision.
At the same time, the filing of a claim by a proper person in accordance with the established procedure is, of course, recognized as a legal fact (since Article 203 of the Civil Code of the Russian Federation connects with the filing of a claim a break in the course of limitation period), while the analysis of the domestic civil law gives no basis for such a statement in relation to the claim. In other words, Russian civil law does not directly name the consequences of filing a claim.
The result of this legislative approach is the virtual denial that the claim has legal consequences. This became the basis for the formation of a somewhat negative attitude towards it in domestic civil law. Today, in most cases, a claim is considered only as mandatory in individual cases condition of applying for judicial protection, which only creates additional difficulties for the person, right or legitimate interests which is supposed to be violated. This position undoubtedly needs to be changed. Submission of a claim: creates the prerequisites for the settlement of a dispute related to economic activity, by the parties themselves without going to court (the parties can conclude an amicable deal that satisfies both of them and allows them to preserve business relationship); disciplines the offender (threat unilateral refusal from the performance of the contract may prompt the violator to the proper performance of the obligation); allows the subject of protection to protect subjective rights in the most effective way (he has the right to refuse to execute the contract in unilaterally if the violator did not eliminate the corresponding deficiencies within the additional time period specified in the claim).
In general, the foregoing indicates that the law in different ways determines the possibility of the occurrence of consequences in relation to different models of circumstances. In some cases, the rule of law directly enshrines certain consequences of an abstract phenomenon or process. The actual occurrence of such a circumstance in real life is a legal fact that entails the onset of these legal consequences. For other legal models of circumstances, the law provides only for the possibility of the onset of consequences, but these consequences are not specified.
Taking into account the foregoing and proceeding from the understanding of a legal fact as a real life circumstance, with the legal model of which the law connects the occurrence of consequences, the following conclusion can be drawn. The real life circumstance will be considered as "indifferent" to the law (that is, the factual circumstance) in the event that the law does not establish a model of such a circumstance and, accordingly, does not provide for any consequences for it. For example, setting up an alarm, walking the dog, playing with children are circumstances "indifferent" to the law, that is, actual circumstances.
But one cannot ignore the fact that in some cases the rule of law associates the onset of consequences with many abstract (typical) circumstances, while the list of these circumstances is not formulated in an exhaustive way. For example, clause 2 of Art. 307 of the Civil Code of the Russian Federation provides that obligations arise from the contract, as a result of causing harm and from other grounds specified in the Code.
Some real life circumstances that do not fall under the established legal model(and, in fact, outside its scope), it is rather difficult to qualify. In these conditions, not only the line between factual circumstances and legal facts is blurred, but also obstacles are created to the "normal" emergence of legal consequences.
When defining a legal fact, one must be based on understanding it as a real life circumstance, and its definition must combine the following features: first, the consolidation of an abstract model of this circumstance in the rule of law, with the occurrence of which certain consequences are associated; secondly, the actual (real) occurrence of this life circumstance; third, the ability to generate legal consequences.
Thus, legal fact in civil law can be defined as a real life circumstance, which, by virtue of the rule of law, entails the onset of legal consequences in the field of civil legal relations .
At the same time, other types of legal consequences, in particular those mentioned by O.A. Krasavchikov, Krasavchikov O.A., Legal facts in Soviet civil law., Pp. 75-76, the consequences arising in connection with the implementation of definite legal relationship, the doctrine pays no attention at all. This position of ignoring all legal consequences other than the movement of the legal relationship cannot but raise objections, since with this approach, many of the legal facts, strictly speaking, cannot at all be considered as such (for example, filing a claim or acknowledgment of debt that do not entail movements of civil legal relations). At the same time, they, undoubtedly, are not indifferent to the law: with the filing of a claim in the prescribed manner and with the recognition of a debt, the law connects such a consequence as a break in the limitation period of Article 153 of the Civil Code of the Russian Federation.
But even in those cases when the doctrine recognizes the significance of legal facts under certain circumstances, not all of them are "squeezed into the framework" of generally recognized classifications of legal facts. Most revealing in this sense arbitration agreement, in relation to the legal nature of which there have been disputes for a long time and which, being essentially a civil law transaction, to those within the meaning of the provisions of Art. 153 of the Civil Code of the Russian Federation cannot be applied.
Consequently, the understanding of legal facts only as circumstances that entail the emergence, change or termination of a civil legal relationship can be considered unreasonably narrow: beyond such understanding are those real life circumstances that do not entail the movement of the legal relationship, despite the fact that with such circumstances the law connects the offensive other consequences. This inference is based, among other things, on the definition of a legal fact given by E. V. Vaskovsky, who understood it as a circumstance that entails not only the movement of legal relations, but also the "protection of law" E. V. Vaskovsky. Textbook of civil law. - M .: Statut (Classics of Russian civil law), 2003, p. 139.
Taking into account the foregoing, it seems obvious that the category of legal facts includes various kinds of life circumstances, including those that do not directly affect the movement of civil legal relations, if the norms of law provide for the occurrence of any consequences for this type of circumstance. This conclusion finds support in the Textbook of the Institutions of Roman Law, in which "all facts, be they actions or simply events, with which objective law associates any legal consequence" are attributed to legal facts.
The law provides for a wide range of consequences of the onset of various kinds of circumstances, and these should include:
- 1) movement of a civil legal relationship, that is, the emergence, change or termination of a legal relationship... Thus, a tort obligation arises from causing harm; contractual obligation can be changed by agreement of its parties; the property right is terminated by the destruction of the object;
- 2) consequences of manifestation of civil personality(including the exercise of subjective civil rights and obligations). For example, the duly performed performance of an obligation stipulates the obligation to perform counter performance by the other party of the obligation; untimely fulfillment of a contractual obligation makes it possible to demand payment of a penalty from the violator-debtor; mismanaged maintenance cultural property, classified in accordance with the law as especially valuable and protected by the state, allows the withdrawal of these values by means of redemption by the state or sale at a public auction;
- 3) consequences of protection of violated subjective civil rights... In particular, the filing of a claim is a requirement for the violator of certain (proper) behavior and in some cases, in the absence of an appropriate response from the debtor, it allows one to unilaterally refuse to perform the contract; satisfaction of the claims of the creditor holding the thing of the defective debtor from the value of this thing; the conclusion of a settlement by the parties eliminates a dispute about law (or other legal uncertainty), thereby eliminating the need to protect rights.
Thus, the consequences provided for by law include not only the movement of civil legal relations (its occurrence, change and termination), but also the consequences of a person's manifestation of civil legal personality, as well as the consequences of protecting violated or disputed subjective civil rights.
All the consequences specified in the rules of law represent only their legal model. It is incorrect to say that the rule of law enshrines legal consequences, since legal consequences are the real legal result of a legal fact that has occurred.
Considering the relationship of legal facts and legal consequences, one cannot ignore such an aspect as the inevitability of legal consequences in the presence of a legal fact that serves as their prerequisite. In other words, if a life circumstance that falls under a specific rule of law takes place in reality, it cannot and should not remain without legal consequences: the principle of inevitability of legal consequences applies to any legal fact, that is, there is an objective inevitability of the onset of legal consequences specified in the rule of law. The most illustrative example of the principle of inevitability of legal consequences is probably the emergence of an obligation (legal relationship) as a result of a transaction.
Legal fact – this is a specific life circumstance that entails legal consequences.
Not every fact of life is legal. This may be a circumstance provided for by the rules of law.
Legal facts are prerequisites for the emergence, change and termination of legal relations.
Legal facts, their nature, the list are determined by the relevant rules of law.
An example is the rule of civil law, which stipulates that in the event of the appearance or discovery of the whereabouts of a citizen declared dead, the corresponding decision is canceled by the court. Here, the appearance and discovery of the whereabouts of a citizen declared deceased are specific life circumstances that entail such a legal consequence as the cancellation by a court of the decision on his death.
Consequently, legal facts are those life circumstances that are provided for in the hypothesis of the rule of law.
Like legal relationships, legal facts are classified on various grounds.
Depending on whether they depend on the will of people or not, legal facts are divided into legal events and legal actions.
Legal events – these are life circumstances, the occurrence of which does not depend on the will of people. These include: birth, natural death of a person, natural disaster, etc.
Legal action – these are life circumstances occurring at the will of people. These include various actions of people that have legal significance.
By their quantitative composition, simple and complex legal facts are distinguished.
Simple legal fact represents one circumstance with legal consequences. For example, not showing up for work without good reason, crossing the street in an unidentified place, etc.
Complex legal fact consists of two or more life circumstances, each of which or in the aggregate give rise to legal consequences.
So, to receive an old-age pension, you need:
1) the presence of a work book;
2) reaching a certain age;
3) the decision of the social protection body on the appointment of a pension.
Such a complex legal fact has received the name "legal structure".
By the nature of the action, such a legal fact can be classified into lawful (permissible) and illegal.
Lawful actions – these are the actions of people that are consistent with the prescriptions of the rule of law.
A type of lawful action is a legal action.
Legal action – this is an action that causes the onset of legal consequences, regardless of whether the subject of the law foresaw them or not. For example, a playwright writes a play commissioned by a certain theater (intentional actions). But staging the play by another theater gives rise to a subjective right for the author of the play to a monetary fee in the amount specified in the legislation, although the playwright did not foresee such a result.
Another type of lawful action is a legal act.
Legal act – this is a form of behavior of the subject of law, aimed at achieving certain legal results(conclusion of contracts, transactions, initiation of a criminal case, court decision, etc.).
Misconduct – this is another kind of legal fact. It represents the forms of behavior of subjects of law prohibited by the norms of law. They violate the prescriptions of legal norms.
Misconduct is subdivided into crimes and misconduct.
See also:
Events are phenomena of reality that occur independently of the will of a person. For example, an event such as a strong earthquake is a legal fact that gives rise to the right of the insured of a residential building to receive insurance compensation, i.e. the right to compensation for damage caused by the destruction of his house as a result of this earthquake. An event such as the death of a person can give rise to numerous legal consequences, including the legal relationship of inheritance of property.
Events are classified as absolute and relative. Absolute events are such phenomena, the emergence and development of which are not associated with the volitional activity of the subjects. These include natural disasters and other natural phenomena.
Relative events are those phenomena that arise at the will of the subjects, but develop and proceed independently of their will. So, the death of a murdered person is a relative event, because the event itself (death) arose as a result of the volitional actions of the killer, but at the same time this event (death) was the result of pathological changes in the victim's body, no longer dependent on the will of the killer.
Legal facts such as timing are close to relative events. The terms of origin depend on the will of the subjects or the will of the legislator, but the course of terms is subject to the objective laws of the passage of time (for more details see Chapter 14 of this textbook). Terms play an independent, distinctive and multifaceted "role" in the mechanism of civil law regulation of public relations. In some cases, the onset or expiration of a period automatically generates, changes or terminates civil rights and obligations (for example, the copyright of the heirs is terminated from one fact of the expiration of 50 years from the date of the death of the author), in others, the onset or expiration of the period generates civil law consequences in conjunction with certain behavior of the subjects (for example, the delay in the fulfillment of an obligation may serve as a basis for imposing responsibility in the presence of guilty actions of the debtor or creditor; the expiration of the period of acquisitive limitation, provided that the subject has good faith, open and continuous possession of property other than his own, may give rise to him the right of ownership of this property, etc.).
Legal states
In the general theoretical and branch scientific literature, such a specific type of legal facts as states is widely discussed. Legal states are complex legal facts characterized by relative stability and a long period of existence, during which they can repeatedly (in combination with other facts) cause the onset of legal consequences.
“The law can change not only as a result of fleeting events,” wrote, for example, E.N. Trubetskoy - but also under the influence of lasting states. " A controversial issue is the place of states in the classification of legal facts. Some authors distinguish states as a special link, along with events and actions; others believe that facts-states can be both legal actions and legal events. A constructive solution to this problem, in our opinion, is to clearly formulate the criterion for identifying states in the system of legal facts. This criterion is the duration of the existence of actual circumstances. From this point of view, all legal facts can be distinguished into facts of short-term action and facts of long-term action (state).
In the scientific literature, the opinion is expressed that the legal significance is not the state itself (in marriage, in the employment contract), but the legal facts that led to its occurrence. Developing this idea, it can be shown that in a number of cases it is difficult to distinguish a state from a continuing legal relationship. On this basis, doubts have been expressed about the advisability of distinguishing states in the classification of legal facts. In our opinion, the contradiction in this case seeming. Indeed, states are conditioned by certain legal facts. For example, citizenship, kinship - states that have a source of some legal facts. But in its further existence, the state seems to break away from its factual basis. It acquires independence and, as a legal fact, is included in the actual composition of various legal relations. In some cases, a fact-state is an ongoing social circumstance (for example, a state of health). In other situations, the state may be a legal relationship (for example, membership in an organization). This does not discredit the independence of facts-states at all, since legal relations can also play the role of legal facts.
The classification of legal facts-states has been little studied. In our opinion, such a classification can be based on the system of personality traits used in specific sociological research. These are gender, age, social origin, nationality, party affiliation, education, culture, qualifications, work experience, etc. Given this system, legal facts-states can be grouped as follows:
· Characterizing general physiological personality traits (gender, age, state of health);
Characterizing the most common social attributes personality (nationality, citizenship, place of residence);
· Characterizing family and household relations (state of marriage, the presence of children, dependents, etc.);
Characterizing labor activity and the way of receiving income (worker, employee, dependent, student, etc.);
· Characterizing social and political activities (election to state bodies, awarding orders and medals, conferring honorary titles, etc.);
· Characterizing the attitude to the rule of law (conviction, parasitism, etc.).
A set of legal facts with which the onset of legal consequences is associated. For many legal relationships, one of the circumstances specified in the law is enough for a legal relationship to arise (terminate). So, for the termination of the pledge, a transfer to another person of the debt under the obligation secured by the pledge is required. For a whole series of legal relations, the onset of not one, but several legal facts is required. So, by labor law for some categories of employees, the basis for the emergence of an employment relationship is a complex composition of legal facts, in particular, an employment contract (contract) and election by competition (teaching staff of universities); for 15-year-olds, an additional (special) condition is the consent of the trade union committee to receive them; for 14-year-old students - consent of one of the parents, etc. There are two types of actual compositions.
Simple compounds are complexes of facts between which there is a "free", non-rigid connection. In this composition, facts can accumulate in any order. In other cases, the factual compositions give rise to legal consequences only if all the necessary legal facts are taken together, regardless of the sequence in which they arose. Thus, the suspension of the limitation period occurs in the presence of the following facts: the presence of the plaintiff or the defendant in the Armed Forces; transfer of these Armed Forces to martial law. It is only important that these two facts are present and have arisen within the last six months of the limitation period. The actual compositions of this type are called simple in the theory of law.
Complex (connected) are systems of facts, between which there is an interdependence, a rigid dependence. Facts must be accumulated in a rigid, well-defined order. In some cases, the actual compositions give rise to legal consequences, provided that their constituent legal facts arise in a strictly defined order and they are available together at the right time. For example, the heir indicated in the will may become the owner of the inherited property in the presence of the following legal facts unfolding in strict sequence: drawing up of the will by the testator; opening of inheritance; acceptance of the inheritance by the heir. In the theory of law, such actual compositions are called complex.
The division according to the degree of certainty of the compositions distinguishes between certain and blanket compositions. Certain - these are compounds, all elements of which are, in the strict sense, legal facts, and all of them are entirely provided for by the hypotheses of the rule of law.
Blank (relatively specific) are formulations that are not fully provided for in legal regulations; the norms indicate only factual prerequisites, and the justice authorities have the opportunity to resolve specific issues individually, taking into account the specific circumstances of the case. Consequently, blanket compositions are characterized by the fact that they are made up of the premises of individual acts and the circumstances specified in the norm give rise to consequences only through the act jurisdictional authority... For example, the actual breakdown of a family leads to divorce only in conjunction with a court ruling on divorce.
3. In terms of volume, the actual trains are divided into completed and incomplete.
Completed - these are compositions in which the process of accumulating legal compositions is completed. They give rise to final legal consequences, i.e. there is the emergence, development and termination of legal relations. The moment that testifies to the completeness of the actual composition is the emergence of a subjective right (obligation).
Incomplete are compositions in which the process of accumulating legal facts is not finished. They can only give rise to intermediate legal consequences. Having fulfilled their temporary mission, they seem to leave the stage, giving way to the final legal consequences generated by the actual composition as a whole.
Types of actual formulations
The actual composition is a system of legal facts necessary for the onset of legal consequences (the emergence, change or termination of legal relations).
Simple compounds are complexes of facts between which there is a "free", non-rigid connection. In this composition, facts can accumulate in any order. simple (when all the facts relate to one branch of law) and complex (when the necessary set of facts includes facts of different industry affiliation; moreover, their accumulation takes place in a certain sequence).
Complex (connected) are systems of facts, between which there is interdependence, rigid dependence. Facts must be accumulated in a rigid, well-defined order.
Mixed are systems of facts, the connection between which is partly “free”, and partly - rigid, “connected”.
completed (when there is the necessary set of legal facts) and incomplete (when the accumulation of necessary facts is still continuing),
Legal relationships exist in society, and not on the pages of codes and laws. Their occurrence depends on the environment, from people, from any phenomena. Legal relationships both change and cease not by themselves, but as a result of human actions or any other events. The legislator fixes these diverse phenomena of the life of society in normative acts in order to respond in a timely manner to existing specific situations. That is why in legal science exists separate category called "legal facts". This article is dedicated to them.
Legal facts - what is it?
Most of the legal categories are ideal and exist only in the minds of people. However, legal facts are relevant to real life, because, in fact, they are nothing more than a separate episode of reality, which causes consequences of a legal nature. What does this category mean? In legal science, there is more than one concept of legal fact. The German scientist Savigny became interested in this phenomenon back in the 19th century. He characterized legal facts as events that entail the beginning and end of legal relations. Russian lawyers The twentieth century expanded this concept. In particular, they added to the stages of the emergence and termination of legal relations the stage of their change.
The concepts formed by scientists in the future further reflected the dynamic nature of legal facts. Their onset was associated not only with the three above-mentioned stages of legal relations, but also their suspension, as well as their existence. Scientists have pointed out that legal facts can modify not only public relations, but also separate rights and the responsibilities of the actors involved. The most striking signs of this legal category... First, it is a phenomenon that really exists in space and time. Feelings, emotions and thoughts cannot act as a legal fact. Secondly, they matter for the state, society or for individuals. Thirdly, they always indicate some specific circumstances or their absence. Fourth, they are recorded in legal regulations... Fifth, they have certain legal implications.
Types of facts
A fragment of reality that gives rise to specific legal consequences may depend on the actions of people or one person, or it may arise on its own. On a volitional basis in science, such types of legal facts as events and actions are distinguished. The former are formed by themselves, without the active participation of a person in this. Often the occurrence legal fact-event happens against human will. Also, this type includes circumstances that, although they were generated by the actions of a person, later went out of his control. Events include such legal facts as the death of the testator, fire, state of kinship. Actions, in turn, directly depend on the will of people. They represent real life circumstances that have arisen due to the conscious activity of a person. Actions can be lawful and illegal.
The former comply with the prescriptions legal rules, enshrined in regulatory enactments. These include, for example, recognition of paternity, payment under a delivery contract. The latter contradict current legislation... As examples misconduct you can lead to the conclusion of marriage by a person incapacitated, the delay in payment under the contract of employment. The first type of legal facts has a separate classification. So, lawful actions can exist in the form of acts (a person's activity, deliberately aimed at generating certain consequences, for example, filing an application for the recovery of alimony) and actions (causing the emergence, change or termination of legal relations regardless of the intention of people - finding a valuable thing). Legal facts can be presented in the form of administrative documents ( state registration property rights) or transactions (sale and purchase agreement). These forms are typical for official administrative and civil legal relations. 
How do legal facts manifest themselves?
The nature of the resulting consequences can be different. According to this criterion, scientists distinguish such types of legal facts as law-forming, law-changing and law-terminating. The former give rise to circumstances that result in social relations. The latter alter or suspend them. Still others, in turn, are the reason for the termination of legal ties. In addition, separate from the most common above types of legal facts, legal obstacles and legal restorative circumstances are distinguished. The first include fragments of reality that prevent social relations from developing (for example, a husband cannot initiate a divorce case without the consent of his pregnant wife). With the latter, the law connects the renewal of previously lost rights and obligations (restoration of those who were wrongfully dismissed at their previous place of work). 
How long do these circumstances last?
Another classification criterion is the lifetime of a legal fact. Some events occur instantly or over a short period of time and generate legal consequences only once. Such legal facts are called short-term. These include, for example, the death of a family member, the birth of a child. Other circumstances exist for a long period of time and can repeatedly give rise to legal consequences. As an example of lasting legal facts, we can cite the state of matrimony, need.
In civil law
The foundations of legal facts in this industry are enshrined at the regulatory level. Article 8. Civil Code The Russian Federation refers to such contracts, as well as other transactions, decisions of meetings, acts of state bodies, decisions of courts, the creation of facilities intellectual property, causing harm to another person, unjust enrichment, as well as other actions of people and organizations and events. 
In family law
This industry has its own specific legal facts. So, family law operates with the category of kinship - the blood connection of persons who descend from one another or from some common ancestor. This property can act as a legal fact that gives rise to rights. For example, parents are required by law to support their children. Also, kinship can and prevent the emergence of legal relations. In Russia, marriage between siblings is prohibited. Besides, in family law there is a concept of property. It is understood as the relationship between the wife and the husband's relatives and vice versa. The property is a legal fact only in civil relations(in particular, property), although it is directly related to family. 
In administrative law
Often, for the emergence of this type of social relations, not only one specific circumstance is necessary, but a whole complex of certain facts. This set of provisions is called the legal composition. For example, in order to enter the civil service, it is necessary not only to achieve of legal age, but also get an appropriate education and not have diseases that prevent it. 
In labor law
And this branch of law has its own specificity of circumstances that give rise to certain consequences. So, in labor law, legal facts are the relevant agreements, contracts (thanks to them legal relations arise), death, disciplinary misconduct, agreement of the parties (grounds for termination of obligations), medical reports, translations (change reality). All these circumstances are enshrined in Labor Code RF.
The significance of legal facts
The value of this legal category is often not fully understood by people. But legal facts help to analyze the reasons for the emergence, change, and termination of legal relations. They indicate the relevance of certain obligations, the need and validity of their legalization. They help to study legal relations from a practical point of view, make it possible to trace the mechanism of their implementation.