THE ROLE OF THE LEGAL FACTS IN THE ORIGIN IN THE INFORMATION FIELD
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 2, Issue
Abstract
Recently, quite often one can encounter in the media, literature, the Internet and in regular communication with each other, words such as computerization, information space, globalization, information resources, and so on, though hardly an average citizen clearly understands the meaning of these words. However, it is difficult to deny the fact that the information in any form is the driving force of many processes in society. Thus, both regulation of information relations and the grounds of their origin is the field that needs today thorough exploration. However, information relations do not arise by themselves, but only with the onset of certain legal facts. Therefore, this article is dedicated to the research of the legal nature of legal facts, classification, definition of structural elements and sequences of legal facts, which relate to the emergence of information relations. Thus, determining the dynamic of information relationships, the author concludes that the information relations do not arise due to a legal fact (which is rather the exception), but only in their entirety – legal content. The expression of will is discussed separately, and its manifestation in specific actions of the person as a legal fact is reviewed. However, certain actions can occur independently of the will of a particular person or in circumstances when a person does not control his or her behavior and does not realize the significance of the actions. Therefore, the will and the expression of will of the people are combined, and thus exert in the external form – actions. In case of awareness of an individual of his or her actions this kind of behavior can be considered in terms of the law. Thus we conclude that the legal fact is not only the will or expression of will, but their combination in the form of action that has legal value. On the basis of legal facts differentiation of actions and events, the author suggests classification of legal facts in the information field. The author puts forward a proposal regarding the possibility of fixing the legal facts in the information field. It seems appropriate to consider the legal facts not as an element of regulation, but as an element of such structure. Thus, we consider each element of the mechanism of legal regulation not as a statistical phenomenon and examine them in the context of their interaction and relationship structure-like components.
Authors and Affiliations
Д. О. Маріц
Keywords
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