Поняття і значення юридичних фактів у динаміці фінансових правовідносин
Concept and importance of legal facts in dynamics of financial legal relations

Summary/Abstract: In today’s legal reality there are new search for ways toachieve the stability of legal relations. The industry of financial law is not anexception. At the same time it is necessary to note that in this situation increases theinterest of scientists to study the circumstances that give rise to the emergence,change or termination of financial relations - legal facts, the definition of theirconcept and importance of the dynamics of this kind of public relations.Releavance of the research topic: Indeed, the legal facts in the movement ofall types of legal relations are very important because financial (and other) legalrelations are dynamic legal phenomenon, the essence of which might be revealedduring its respective stages of development: the emergence, change and termination.Recent research and publications analysis: Fundamentals in the study oflegal facts were laid by such theorists and financiers such as: S. S. Alekseyev, V. B.Isakov, S. A. Zinchenko, O. A. Krasavchikov, N. P. Kucheryavenko, A. P. Orlyuk,G. F. Shershenevich, M. D. Shargorodskiy and others. At the same time, theconcept and value of legal facts in the dynamics of financial relations is littleexplored.Paper objective: With this in mind, the purpose of the article is to analyzedifferent points of view regarding the designated topic.Paper main body: It is significant that even the concept of "fact" is quitecommon, however, it is treated very ambiguous. Among jurists legal factstraditionally defined as the specific circumstances of life, with the onset of thefinancial rules of law which bind the emergence, change and termination of legalrelations. Legal facts in the financial and legal regulation have a number ofcharacteristics: consolidation in the financial rules of law; reasonableness; the abilityto determine the legal consequences; concreteness; descriptiveness; clearance;effectiveness (the actual occurrence).The essence of financial legal relations, which are dynamic legal phenomenonmight be revealed during its respective stages of development: the emergence, changeand termination. And particular importance here is acquire legal facts. Taking thisinto account, "the legal consequences that follow on the basis of legal facts, in themost common way can be reduced to the main phases of the existence of legalrelations - their emergence and termination, as well as change." At the same time it isimportant to emphasize that the legal facts are not only generate, change or cancel thefinancial relations, but also "correct" in a certain way those rights and duties of theparticipants of financial activities which occur within the relevant legal relations;ensure the implementation of the rights and duties of relevant actors in their actualbehavior. They advocate direct legal basis of origin of the subjective rights ofindividuals in specific legal relations, a kind of transition means of a legal entity tothe appropriate subjective right, take an independent place in the mechanism of legalregulation, as they provide a transition from the state normative regulation of socialrelations to the individual through the prescribed in the law subjective rights andcorresponding duties.Conclusions of the research: We believe that legal facts have the followingfunctions: emergence, change and termination of financial legal relations; legalconstitutive; constructive; garantee; informative; individual regulation.

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