State As A Legal Fact

State As A Legal Fact
State As A Legal Fact

Video: State As A Legal Fact

Video: State As A Legal Fact
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Legal facts play an important role in the legal system, since they connect the rules of law with real social relations. Legal status is one of the common types of legal facts.

State as a legal fact
State as a legal fact

Legal facts refer to the so-called legal prerequisites for the emergence of legal relations (rule of law, legal personality, legal fact). A legal fact is a phenomenon of objective reality that has the ability to make a legal assessment, which serves as the basis for a conclusion about the possibility of using or applying the rules of law.

In other words, the state can regulate social relations of one and the same entity in different ways. Differences in the legal regulation of relations also determine differences in its mechanism: the same life circumstances are facts that trigger different mechanisms of legal regulation. There are the following types of legal facts:

1. by the nature of the consequences - law-forming, law-changing, law-terminating;

2. on a volitional basis - events, actions.

From the point of view of jurisprudence, states are lasting, affecting the position of a social subject, his relationship with other individuals and organizations. For example, legal states include a person's belonging to the citizenship of a particular state or, on the contrary, statelessness, being in public service, etc. Thus, some legal relations in themselves are capable of acting in the form of legal facts.

Legal states can also be a consequence of the behavior of a person, both lawful (marriage) and illegal (hiding the person who committed a crime from the judiciary). However, they may not be directly related to such, acting only as a result of some events (for example, illness, family relations). Consequently, a state is legal when it can be interpreted as a way of manifestation of one phenomenon (subject, object) in relation to another in the legal sphere through certain properties and signs, with the presence of which the law connects the onset of legal consequences.

The mechanism of interaction of events, actions and states is interesting. Any state is based on either an event or an action, but it is impossible to say that a state is a collection of ongoing actions or events.

It is known, for example, that an employment relationship between an employee and an enterprise can last for a long period of time and in a simplified form looks like a set of actions performed by the employee and the administration of the enterprise to fulfill mutual rights and obligations. Such single facts cannot be regarded as states: the state here is recognized as the entire labor relationship as a whole, from its beginning to the end. This idea is also confirmed by the fact that the labor condition can change (an employee can be promoted or demoted, the size of his salary can change, etc.).

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