SET OF FACTS AS A SYSTEM OF LEGAL FACTS THAT ARE THE BASIS FOR THE EMERGENCE AND MODIFICATION OF LEGAL RELATIONS IN THE SPHERE OF JUDICIAL POWER
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
The article analyzes general theoretical approaches to understanding the essence of the actual set of facts as the grounds for the emergence and change of legal relations that form a particular system and interact with each other. It is determined that the elements of the actual composition, inherent in a specific system communication. The set of facts is considered not only as a system of legal facts, but also for legally significant conditions. Elements of the set of facts and its peculiarities were analyzed. It is specified that elements of the set of facts are included in the system of material relations and, as all phenomena of reality, are in interaction. They are linked by legal relations, sometimes quite complex. Thus, elements of the set of facts, inherent in a specific system communication. The purpose of this article is to analyze existing approaches to understanding the concept and essence of set of facts as the grounds for the emergence, termination and transformation of legal relations that form a particular system and interact with one another. The article formulated the actual definition of the set of facts as the grounds for the emergence, termination and transformation of legal relations. Thus, in our opinion, we should understand the totality of legal facts that form a certain system, are characterized by interdependence, interact with each other, and are also necessary and sufficient for the emergence, change or termination of legal relations, for example, in the field of the implementation of judicial power. The major general theoretical approaches to the set of facts understanding were analyzed. Evolution of legal thoughts and ideas on the nature of the set of facts was studied.
Authors and Affiliations
О. Г Мельник
Keywords
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- EP ID EP480167
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