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UDC 340.111.57
THE PROBLEM OF DEFINING THE CHARACTERISTICS OF A LEGAL FICTION
Filimonova Irina Vladimirovna
Institute of service, tourism and design of the North-Caucasian Federal University in Pyatigorsk
candidate of legal Sciences, associate Professor of criminal law and procedure
Institute of service, tourism and design of the North-Caucasian Federal University in Pyatigorsk
candidate of legal Sciences, associate Professor of criminal law and procedure
Abstract
Examination of issues related to the definition and identification of entity legal fiction, is very important. This legal technique is applied in all legal systems of today. However, it remains poorly understood, hampering the efficient use of legal fictions, especially in situations irreparable obscurity. Analyzed and critically assessed the characteristics of a legal fiction allocated in contemporary legal literature: false (conventionality), legal cogency (indisputably), versatility, ability fictions to call each other, the purpose of application, formality, categorical, imperative, observational, the arbitrary nature of the formulation, rarity, exclusivity, restrictive interpretation, evidence, legality, the ability to cause certain legal consequences. In the study articulates the author's definition of a legal fiction is an admission of legal technique, which is legally conclusive regarding the false position that the existing recognized non-existent and Vice versa contained in the sources of law or agreement of the parties and may lead to certain legal consequences.
Article reference:
Filimonova I.V. The problem of defining the characteristics of a legal fiction // Politics, State and Law. 2014. № 10 [Electronic journal]. URL: https://politika.snauka.ru/en/2014/10/1970
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