«Встановлення» правоприпиняючих юридичних фактів

Anatoliy Kostruba ()

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Abstract: The mechanism of legal regulation is that type of actually valid assembly of elements, through which the legal norm is used to real life circumstance and causes legal consequences. But in order to make the mechanism work efficiently, its complete and correct understanding by participants of civil law relations is needed or, at least by bodies authorized to realize the legal norms regulations. In connection to it we can say that certain circumstances have to be "established" in legal practical activity or its nature, which is, as a matter of fact, a process, directed to its search. Certainly a normative consolidation of one or another circumstance is meant by an establishment. The law establishes certain legal circumstances or consequences, which is as a matter of fact a creation of legal models or a part of such legal models, which find their expression in regulatory requirements of the law. The lawmaker establishes a legal model but in order to realize it in the mechanism of legal regulation, this model is used in certain actual circumstances (for which it is intended to be used). In the Civil legislation of Ukraine the legal model might be foreseen directly by the norms of the Civil code of Ukraine or by contractual norms. All the means of establishment of legal facts can be classified by certain criteria. According to the character of the subject of activity, it can be divided into normative and information-analytical-research means. The first ones are directly established in the legal norm. Respectively, the state authority establishes it, authorized by the people. In this case the process of establishment, as noted above, is rulemaking. Thus, the establishment of legal facts is the process of fixing in the legal norm of the legal model of behavior of a person, characterized by an action or event – the cause and effect in the form of cessation of rights, duties or legal relationship.

Keywords: Legal facts; Contracts law; Obligations droit; Theory of law; Civil law; Legal relationships (search for similar items in EconPapers)
Date: 2011-05-13
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Published in Актуальні проблеми цивільного права, May 2011, Kharkiv, Ukraine. pp.129-132

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