Legal facts, their concepts, value and classification
Legal relations are impossible without subjects, they should be no less than two. Legal norms without which the public relation will not get legal character is also necessary. For example, buyer and seller, their legal relation appears only in the case when a legal fact occurs.
Legal fact is a push of appearance of legal relation.
Legal facts are specific vital circumstances with which legal norms connect occurrence, change or termination of legal relations. Legal facts are reflected in the hypotheses of legal norms.
According to strong willed feature legal facts are divided into: events and actions.
Events don’t depend on the will of a person, they are actions of forces of nature, birth and natural death.
Actions depend on the will of a person. These actions are subdivided into lawful and wrongful.
Lawful actions are divided into two groups: legal act and legal actions.
Legal acts – are lawful actions having for an object achievement of certain legal results (contract, labor contract).
Legal actions – are the actions which leed to legal consequences irrespective of the will of a person who has made them (finding treasure, creating a literary work, scientific discovery).
Wrongful actions – according to the degree of harm for the society are divided into 2 groups: infractions (offences) and crimes.
Infractions (offences) can be civil, administrative, labour etc.
Depending on the legal character consequences of legal facts can be:
Ø investitive facts (lawcreating) (for example, conclusion of a treaty, employment, appointing to the position);
Ø divestitive facts (lawchanging) (for example, change of a surname; change of contract conditions);
Ø divestitive facts (lawending)(for example, dismissal from work, dissolution of marriage etc.).
Concept, features and types of offences.
The offence is opposite to lawful behavior. Offence - is unlawful guilty act of a person which harms the individual, society or the state.
Features of offences:
Ø the contradiction of the specific legal instruction;
Ø guilty;
Ø making harm to the person, society, state;
Ø the offences are strong willed realized acts, which are expressed in the form of action or willful failure;
Ø responsible for the offences can be only physical or legal person capable to carry responsibility for the actions.
Depending on degree of danger and harm offences are divided into crimes and infractions.
Crimes are the most dangerous offences to the society encroaching the most significant social values: life, health, property. public safety).
Crimes can be only criminal offences.
Infractions – are less dangerous offences.
Depending on types of legal responsibility offences are subdivided into:
Ø Criminal offences (crime);
Ø Civil law infractions (infringement of a copyright, failure of contractual commitment)
Ø Administrative infractions (disturbance of public peace, traffic infraction
Ø Disciplinary cases (violation of labour discipline).
Structure of offence.
The structure of offence is a system of elements. Its completeness and integrity is the necessary condition for bringing of the person to legal responsibility.
Legal norms is a legal foundation and offence structure is actual basis for the legal responsibility.
The structure of offence consists of: subject, object, subjective aspect and objective aspect.
Subject – can be delictable natural and legal person.
Object– public relations, social welfare, values, rights and freedoms of the individual, the interests of the state which the offender violates.
The subjective aspect of offences – are attitude of the person to the acts, made by him or her, and their consequences. The main element of subjective party is guilt (intentional or carelessly guilt) . Optional elements of subjective party are the motive and purpose of the offense.
The objective aspect of offences – is external characteristic of the offense, including illegal act (action or inaction), result of the acts and relationship of cause and effect between the act and result.