Theoretical Characteristics Of Criteria For The Classification Of Legal Facts That Can Be Established By Means Of Special Proceeding

  • K.I. Hychka
Keywords: legal fact, a special proceeding, a fact that has legal value, fact-event, fact-action, fact-state.

Abstract

This article provides a analysis of criteria for the classification of legal facts that can be established in order of separate proceedings. The author investigated scientific approaches of national and foreign scientists for detcnnination of criteria for the classification of legal facts. On the basis of studying scientific researches in this area the author distinguishes own criteria for the classification of legal facts and determines their practical value for the civil proceedings.

The author analyses criteria for the classification of legal facts depending of expression of will, duration in time, legal significance and form of existence.

The author distinguishes own criteria for the classification of legal facts depending of their form of documentary confirmation. So, facts of legal significance can be divided depending on their documentary confirmation to:

  • Objective (registered in the legislation, but can not be documented);
  • Nonobjective (not registered, although they provided for the registration procedure, and can not be documented);
  • Facts that are not provided for registration.

Also, the author emphasize, that criteria of classification of legal facts depending of duration in time has practical value for the civil proceedings, because in the separate procedure the court examine all the period of existence of circumstances not only the moment of the appearance or of the cessation of some circumstances.

So, this article provides a brief analysis of the classification criteria of legal facts that will help to improve the establishment of facts of legal significance in the order of separate proceedings.

Published
2020-01-17