In administrative law, it doesn’t just happenmay no relationship. This process is always preceded by certain events or a variety of actions performed by the subjects. Together, they constitute the basis for the emergence of administrative legal relations, their alteration or termination - in other words, legal facts.
Legal fact: concept
Legal fact in administrative lawis defined as a circumstance in which between the parties, in accordance with the requirements of the administrative law, there must (or may) arise specific legal relations. The definition also contains the meaning of the name. They are called legal because they are provided for directly in the hypothesis of the administrative law and indirectly in its disposition or sanction. This is a clear logical chain. As soon as the facts indicated in the hypothesis of the norm of administrative law arise, it immediately begins to act. Therefore, the persons who are its addressees acquire the rights and obligations reflected in the disposition.
In addition, a legal fact in administrative law may be referred to as such in those cases where, together with its norms, it stipulates a certain content of relations.
There is a detailed classification of jur.facts on several criteria, including the object (volitional sign), the nature of the consequences, the quantitative composition. This question is discussed in detail in the theory of state and law. Let us dwell on the main points of classification.
Classification by subject
Depending on the volitional signs are determinedthe following types of legal facts in administrative law: actions (most common) and events. Under the first refers to such circumstances that depend directly on the will of the person. Committed actions, in turn, can be divided into two categories: lawful and illegal. In other words, regulations that meet the requirements or violate them.
In turn, the actions of a legitimate naturecan be expressed in two forms: legal acts and actions. Their difference lies in the fact that some are specifically aimed at achieving (offensive) certain legal consequences, while others do not, but nonetheless cause them.
Classification by nature of the consequences that come
Depending on the consequences, a legal fact in administrative law may be:
- lawmakers, that is, causing the emergence of certain legal relations (recruitment, enlistment in the military service, etc.);
- to law-terminators - causes termination of legal relations (termination of the university, dismissal, etc.);
- right to change - legal facts, changing legal relations (exchange of living space, transfer of an employee to another position).
In understanding the essence and significance of this phenomenon canhelp examples of legal facts in administrative law. Thus, legal actions can be expressed in the discovery of a person by the loss of a thing, the discovery of a treasure, etc. In addition, they include actions involving the creation of works of literature, art and science. At the same time, copyright arises on the result of intellectual activity. In this case, the author may not suspect them. However, in any case, he becomes the owner of the rights in the presence of the fact of creation of the work.
Quantitative classification
Quite often one legal fact inadministrative law can not lead to the formation of the consequences stipulated by the law, it is necessary that there are several of them. For example, for the emergence of pension legal relations it is necessary to have several conditions at once: reaching a certain age, work experience, the decision of the competent authority to appoint a pension to a person. That is, there is a certain set of facts, which is called "legal composition". He, in turn, is classified into several types:
- completed legal formulations — take place when all the necessary facts are available;
- incomplete legal compositions, that is, when the process of accumulation of facts continues;
- simple legal structures - all the facts belong to one particular branch of law;
- complex legal structures - are formed by a complex of facts belonging to different industries, and their accumulation occurs in a certain sequence.
Functions of legal facts
First, the main role of legal facts inadministrative law is to guarantee the observance in practice of the principle of legality, which implies a clear certainty of norms. In other words, if the state imposes certain restrictions on people's behavior, then they should at least have clear and unambiguous boundaries and formulations.
Secondly, as mentioned above, legal facts in administrative law provide for the emergence of administrative relations, their change or termination.
Legal facts are directly related to the real life of people and, in fact, represent a separate episode of reality, the consequences of which are legal in nature.
