The legal fact in administrative law: the concept, types, functions

In administrative law , no relationship can arise just like this. This process is always preceded by certain events or various actions committed by the subjects. Together, they represent the basis for the emergence of administrative legal relations, their modification or termination - in other words, legal facts.

Legal fact: concept

A legal fact in administrative law is defined as a circumstance in which between the parties, in accordance with the requirements of the administrative law, specific legal relations should arise (or may) arise. The definition also includes the meaning of the name. They are called legal for the reason that they are directly stipulated in the hypothesis of the administrative-legal norm and indirectly in its disposition or sanction. There is a clear logical chain in this. As soon as there are facts identified in the hypothesis of the rule of administrative law, it immediately begins to act. Consequently, the persons who are its addressees acquire the rights and obligations reflected in the dispositions.

In addition, a legal fact in administrative law can be called such in those cases when it, together with its norms, determines a certain content of relations.

There is a detailed classification of jur. Facts on several criteria, including the subject (strong-willed sign), the nature of the consequences, the quantitative composition. This question is specified in detail by the theory of state and law. Let us dwell on the main points of classification.

Classification by subject

Depending on the will character, the following types of legal facts are determined in administrative law: actions (most common) and events. By the first are meant such circumstances, which depend directly on the will of the person. The actions, in turn, can be divided into two categories: legitimate and unlawful. In other words, the norms that comply with the regulations or violate them.

In turn, actions of a lawful nature can be expressed in two forms: legal acts and deeds. Their difference lies in the fact that some are specifically aimed at achieving (the offensive) certain legal consequences, while others are not, but nevertheless cause them.

Classification by the nature of the consequences that occurred

Depending on the consequences that have occurred, a legal fact in administrative law may be:

• Law-forming, that is causing the emergence of certain legal relationships (employment, admission to military service, etc.);
• Law-stopping - causes termination of legal relations (graduation, dismissal, etc.);
• Legal persons - legal facts that change legal relations (exchange of living space, transfer of an employee to another position).

Examples of legal facts in administrative law can help in understanding the essence and significance of this phenomenon. So, legal acts can be expressed in the find of the face of a lost thing, the discovery of a treasure, etc. In addition, they can include actions that include the creation of works of literature, art and science. Simultaneously with them on the result of intellectual activity there are copyrights. In this case, the author may not be aware of them. However, in any case, he becomes the owner of rights in the presence of the fact of the creation of the work.

Classification by quantity composition

Quite often one legal fact in administrative law can not lead to the formation of consequences stipulated by the legal norm, 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: the achievement of a certain age, the length of service, the decision of the competent authority on the appointment of a person to a pension. That is, there is a certain set of facts that has been called "legal composition". It, in turn, is classified into several types:

• Completed legal structures - take place when all the necessary facts are available;
• Unfinished legal structures, that is, when the process of accumulating facts continues;
• Simple legal compositions - all facts belong to one specific branch of law;
• Complex legal compositions - are formed by a complex of facts belonging to different branches, and their accumulation occurs in a certain sequence.

Functions of legal facts

First, the main role of legal facts in administrative law is to ensure the guarantee of compliance in practice with the principle of legality, implying a clear certainty of norms. In other words, if the state impose certain restrictions on the behavior of people, then at least they must have clear and unambiguous boundaries and wording.

Secondly, as already mentioned above, legal facts in administrative law ensure the emergence of administrative legal relations, their modification or termination.

Legal facts directly correlate with the real life of people and, in fact, represent a separate episode of reality, the consequences of which are of a legal nature.