On some problems of the theory of legal facts in public law (invitation to discussion)
https://doi.org/10.31429/20785836-15-1-50-54
Abstract
The aim of the work is to highlight some theoretical conflicts caused by the emergence of new phenomena in modern public law, which sometimes cannot be unambiguously assessed as legal facts without resorting to "breaking" the established scientific consensus on this issue. An attempt has been made to show the relationship between the concepts of "legal fact" and "fact of legal significance" not in the sense that is given to this in civil procedural and arbitration procedural legislation.
The objectives of the work include the following research objects: illustration of judicial practice using non-standard terminology related to the establishment of facts of legal significance; analysis of informational phenomena that have legal significance, but do not fit into the "Procrustean bed" of events and actions.
Due to the fact that legal facts may have their own specifics, achievements and theories of private law are used in various branches of law.
The thesis is proved that in a number of cases it is necessary to separate the concepts of "legal fact" and "fact of legal significance", as well as that there are informational facts that have independent meaning, which have autonomous legal significance and lie outside legal facts.
About the Author
E. B. Luparev
FGBOU VO "Kuban State University"
Russian Federation
Russian Federation
Evgeniy B. Luparev, Dr. of Sci. (Law), Professor, Academician of the Eurasian Academy of Administrative Sciences, Deputy Dean of the A.A. Khmyrov Faculty of Law for Research, Head of the Department of Constitutional and Administrative Law. Author ID: 57200337167, ResearcherID: AAY-9983-2021
Stavropol str., 149, Krasnodar, 350040
Tel.: +7 (861) 262-35-09
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Review
For citations:
Luparev E.B. On some problems of the theory of legal facts in public law (invitation to discussion). Legal Bulletin of the Kuban State University. 2023;(1):50-54. (In Russ.) https://doi.org/10.31429/20785836-15-1-50-54
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