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1.2. Kinds of juridical facts in civil legal proceedings

The vital circumstances provided by rules of law, as well as vyyozyvaemye them of a consequence, are very diverse. At the same time many of them are similar among themselves on certain qualities. All of them demand scientifically proved classification which would create possibility of explanation of legal nature of each fact.

O.A.Krasavchikov wrote: "As a result

Maslennikov N.I.certificate of application of norms of the civil law of procedure//proyoblemy applications of norms of the civil law of procedure. - Sverdlovsk. 1976. - С.70. V.K.Grazhdanskoe's 2 goldfinches remedial legal relation. - M. I960. - С.30; A.F.civil's Goats laws of procedure and duties of the trial court and protsesyosualnye juridical facts//the Collection of scientific works. - release 8. - Sverdlovsk, 1968. - With. 344.

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Classifications, tearing off the phenomena from each other, we open their interconnection and conditionality "1.

V.B.Isakov saw following functions of classification of juridical facts in scientific knowledge:

- Classification as the means of ordering creating the precondition of the scientific analysis;

- Explanatory function - defines a place of the juridical fact among the homogeneous phenomena;

- Heuristic function - statement of questions for the researcher;

- prognosticheskaja function - classification is the tool for fixing of changes and shifts in system of juridical facts;

- Practical function - classification promotes exact selection and correct fastening of juridical facts in norms права2.

Classification of objects is a distribution of subjects on groups (classes) on the found out similarities and distinctions J. Classification grupyopiruet the phenomena on the basis of their objective internal communication and the general zayokonov developments.

The facts are classified on any in advance selected, most theoretically and to practically proved signs which are called as the classification basis. In our opinion, the science should satisfy zayoprosy experts as in practice value of scientific researches is checked, their importance is checked. In a civil procedure science there are absolutely far-fetched bases of classification, not obuslovyolennye any practical necessity and disputable, even in pure nayouchnom aspect.

1 Krasavchikov O. A. Juridical facts in the Soviet civil law. - M, 1958. - С.8.

2 Isakov VB Juridical facts and the Soviet right. - m „1984. - S.20-23.

3 Encyclopaedic dictionary. - M. 1^5 ^. - Т.2. - С.87.

So. For example, partnership classification on the active and passive it is not caused by any practical necessity and is enough disputable even in purely scientific understanding of a problem. On what basis it is possible to draw a conclusion what claimants are more active in pootsesse, than otvetyochiki? Activity of the parties depends on their conviction in the correctness, vnutyorennej energy, literacy, psychoemotional data.

Comparing juridical facts on this qualifying priznayoku, we have an opportunity to differentiate them.

Obshchepravovaja classification of juridical facts is full enough developed in the literature, the general-theoretical bases of classification juriyodicheskih the facts are applicable and to remedial juridical facts, to koyotorym the decree concerns also.

As the juridical fact causes the legal effects, it is possible for one of classification signs nayozvat the form of influence of the juridical fact on legal relation. On this basis it is necessary to allocate pravoobrazujushchie, pravoizmenjajushchie, pravopre-krashchajushchie and pravoprepjatstvujushchie juridical facts.

According to some scientists, such classification has sereznoyogo no scientific and practical value as the same fact on otyonosheniju to various legal relations can play one cases pra-voobrazujushchuju a role, in others - pravoizmenjajushchuju, in the third - pravoprekra-shchajushchuju. In the fourth - pravoprepjatstvujushchuju '.

Really, the juridical fact (for example, a judgement) can influence on material legal relation, changing or ceasing it (to become 12 Civil codes of the Russian Federation), and even forms the basis for voznikyonovenija legal relations (article 8 of Civil code RFU At the same time some juridical facts carry out the same function inherent in them for legal relation. So, with awarding judgement comes to an end to process -

1 Kechekjan Legal relation Council of Federation in a socialist society. - m. 1958 - With. 173

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tsessualnoe legal relation by consideration on the substance of issue in law civil in the trial court.

In the form of display juridical facts happen positive and negative. The positive juridical fact is presence of any phenomenon in an objective reality, negative - absence of such phenomenon. Any decree is positive legal fakyotom. To influence legal relation - both material, and remedial the decision passed by court-can only. Occurrence civil proyotsessualnogo relations is possible at the negative juridical fact-absence of the decree on identical dispute. Thus, polozhiyotelnyj pravoprepjatstvujushchy the juridical fact can be considered as well as negative pravoporozhdajushchy (pravoizmenjajushchy, right-stopping).

As an example of the negative juridical fact it is possible priyovesti party absence in session of the court. Here it is brightly shown diffeyorentsiatsija the approach of various legal systems to same juridiyocheskomu to the fact. Various legal effects are caused by absence of the respondent in session of the court in the states with Anglo-Saxon and with continental legal system. The key concept, characteristic for angloyoamerikanskogo civil procedure - the fact of absence of the respondent or ukloneyonie it from participation in proceeding means a recognition it of the claim shown to it. Thus, the judgement taken out in this case satisfying the claim, is the sanction punishing the respondent for passivity. The second concept realised in French grazhdanyoskom process - absence of the respondent in court does not testify to confession of an action and does not release court from a duty of consideration of proofs and an estimation of validity of claims 1.

The River chietnjak V.Sud enacts the judgment by default//the Russian justice. - 1995. - №2.-S.16.

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V.B.Isakov has offered additional elements of classification research of juridical facts ':

On the basis of documentary fastening juridical facts can be subdivided on issued and not properly executed. In some cases the law gives the jural significance also to not properly executed facts (for example, the contract of purchase of property of small cost between citizens has the jural significance and without registration in writing). podavyoljajushchee the majority of juridical facts to entail juridicheyoskie consequences, require documentary registration (for example, usyotanovlenie guardianships for the order property podopechyonogo, the fact of a condition of the donee in marriage with the donator for clearing odayorjaemogo from payment of the tax to the property passing as donation and

Other) -

All remedial juridical facts find reflexion in dokumenyotah. Moreover, not fixed or nenadlezhashche fixed proyotsessualnye actions will not entail those consequences on which there was napravyolena a will of the authorised persons at its fulfilment. Fixing of juridical facts in civil procedure is provided in each stage of manufacture on business and passes, as a rule, in the form of written pleadings. The certificates fixing legally significant circumstances from a name vessels, javljayojutsja definitions and court decisions, the decision on business, the report sudebnoyogo sessions. In general the duty of fixing of juridical facts is assigned to court as on pravoprimenitelnyj body and on the basic participant grazhyodanskogo remedial legal relation. V.V. Jar-koea's remark that corresponding written pleadings represent is fair

1 Isakov Z.B.juridical fact z the Soviet right. - with. 26—15.

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The form of life of remedial juridical facts as fix in the maintenance their existence '.

Written pleadings the court as the imperious participant of civil procedure, fixing remedial juridical facts and simultaneously dayovaja it publishes a legal estimation. Besides, some other participants grazhdanyoskogo remedial legal relation have the right to pay attention of court to legally significant circumstances in process, there is it too in documentary issued kind (remarks on the report judicial zasedayonija - article 229 GPK RSFSR). Definitively question on fixing of this or that fact resolves court.

. All other juridical facts also require in documentary zayokreplenii. The Statement of claim, the appeal for review or the protest, the protest of the authorised officials about revision of decisions, definitions and poyostanovleny, entered validity - all of them generate legal effects (civil case excitation, manufacture excitation in cassation or the supervisory authority), only being properly oformyolennymi documentary. Probably oral fulfilment legally znachiyomyh actions by participants of process (the statement of taps, petitions), but also they receive subsequently documentary fastening in the report sudebyonogo sessions.

The decree as the juridical fact of the law of procedure vozdejstyovuet on remedial legal relation, simultaneously in it are reflected naiyobolee the significant legal proceedings made in judicial zasedayonii. Thus, the decision - one of ways of documentary fixing of remedial juridical facts.

It is represented expedient the most significant remedial juridical facts (taps, petitions) to receive from the persons participating in business, in writing, as their documentary fastening in protoko -

1 Bright V.V. Ukaz. The slave. - with. 84-S5.

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le session of the court happens not always full and accurate, that leads to disputes further and accordingly reduces authority of court. So, from 100 civil cases studied by the author considered by Borovichsky city court of the Novgorod area in 1999, on 7 affairs by participants of process remarks on the report of session of the court have been submitted!.

Maslennikova N.I. sees in the decision only fixing such protsessuyoalnogo the juridical fact, as the permission of a question on reference judicial расходов2, Samsonov of h.p. - a question on article 89 and article 261 GPK РСФСР3 application.

V.V. Jarkov, besides, specifies in fixing in the decree of such juridical facts, as time of its removal, character of session of the court (opened or closed), the matter in dispute, data on participants of process, on the shown counterclaim, legal proceedings of court and others uchayostnikov at proving of validity of claims or them непра­вомерности4. The Juridical facts fixed by the decision, release from their proving of participants of process in other processes, that is dokumenyotalnaja juridical fact fixing in the decision allocates it prejuditsialyonoj ustanovlennostju owing to article 55 GPK RSFSR.

bsho to a sign of definiteness of standard model legal fakyoty can be defined and is relative-defined. OpredelenYOnye juridical facts are more exhaustively outlined by the rule of law, the concrete definition from pravoprimenitelja do not demand; is relative-defined juridicheyoskie the facts are concretised in the course of application of the rule of law. In

1 Archives of Borovichsky city court of the Novgorod area, M business ° № 2-1-2-100 for 1999

Year.

"Maslennikov N.I.certificate of application of norms grhkdanskogo the law of procedure. - S.63 -

71.

3 Sshsonova h.p. Application of norms of the civil law of procedure. - a bus dnss... KJUN. - Sverdlovsk. 1982. - S.14-15.

4 Jarkov V.V. Ukaz. The slave. - С.88.

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This sense the decree as the juridical fact of the law of procedure is provided by corresponding rules of procedure.

Any person addresses in court according to article 3 GPK RSFSR for the purpose of protection of the broken or challenged right or protected by the law inyoteresa and reaches it by means of the judicial decision.

The permission of a civil case court by awarding judgement preduyosmotreno articles 191, 2134, 235, 239. 2397, 243, 251, 256, 257, 262, 263, 2635, 267, 270, 273, 280 GPK RSFSR. At the same time for some elements proyotsessualnogo legal relations the decision is the is relative-defined juridical fact. To the judicial discretion application of articles 92, 198 GPK RSFSR - collecting of compensation for loss of time and opreyodelenie an order and the decision time of performance, acceptance of measures on maintenance of execution of the decision is left.

In sphere of the substantive law the judgement has in some cases legal effect in the form of influence on legal relation by its creation, change, the termination. Possibility of such action should be necessarily provided rule of law by which legal relation ' is settled.

So, article 90 of the Housing code of the Russian Federation provides, that eviction from premises occupied with the employer is carried out judicially. It means, that exclusively the court estimates sufficiency osyonovany to eviction and the decision on compulsory eviction makes. Thus, one of ways of the termination of housing legal relation is the decree about eviction. The judgement, reformative materiyoalnoe legal relation, is is standard certain juridical fact.

Under the maintenance and mutual relation of juridical facts they podyorazdeljajutsja on primary and derivative. Primary juridical facts,

1 Vaskovsky ST. Course of civil procedure. - T!. - M, 1913. - С.610.

zo influencing legal relation, for the occurrence do not demand legal regulation. It is possible to carry thing creation to that, posledyostviem that occurrence of the property right to the created thing and its introduction in sphere of civil-law regulation is legal. proizvodstvenyonuju the right does not regulate activity, how the person has created a thing-without legal consequences.

Other juridical facts cannot appear out of the right, for them vozyoniknovenija other juridical facts are required. Such facts are called as derivative juridical facts.

So, the decree of the President Russian FedeYOratsii about appointment of the citizen to a justiceship is the juridical fact, legal effect of that is execution of official duties by the judge, appears prayovo to carry out justice, to consist in labour relations with sootvetstyovujushchim judicial department, to receive the maintenance. Before pojayovitsja the decree, necessary juridical facts should take place: dostizheyonie certain age, presence of the experience of work, successful delivery kvalifiyokatsionnogo examination by the future judge. Thus, the decree of the President about nayoznachenii on a justiceship is the derivative juridical fact.

The decree both for material, and for remedial pravootnoyosheny is the derivative juridical fact. The normative act mateyorialnogo the rights, assuming occurrence, change or the termination reguljativnogo legal relations by a judgement, provides usloyovija occurrences of converting competence. The court ejects the employer if it regularly spoils or destroys premises, the poyovedeniem creates impossibility of joint residence (article 98 ZHiYOlishchnogo of the code of the Russian Federation). The court recognises the transaction void on the bases established by the Civil code of the Russian Federation, and marriage admits court nedejstyovitelnym in the presence of the bases provided by the Family code of the Russian Federation. Thus, the court in session of the court establishes nachichie neobho -

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dimyh juridical facts for removal of the converting decision. The judgement as the written pleading also is anticipated appropriate legal proceedings of subjects of civil legal proceedings.

It is necessary to note, however, that on legal relation the judgement operates, being the derivative juridical fact, nevertheless it dejyostvuet is direct, not being an element of the set of facts as about it assumptions in the scientific literature ' sometimes become.

M.A.Gurvich wrote about anticipating converting judicial reyoshenie juridical facts: "... The decision never serves independent and unique torn off from a decision subject (and the claim) as the juridical fact of financially-legal effect. It always has financially-legal substratum - various in various groups konstitutivnyh resheyony" 2. The Judgement on transformation of material legal relation for the last - the juridical fact in narrow sense of it слова3.

Has the big practical value and classification of juridical facts by coherence with will of the person has received a general recognition in a science. Within the limits of the given classification scientists consider actions and events.

Certain legal effects are caused by behaviour cheloveyoka. The Jural significance has not behaviour of the person in general, and most socially its significant facts. In a life they act in a kind pravomeryonogo or wrongful act or the inactivity of people based on conscious display of their will 4. In any legal relation there is an interaction of the social will expressed in legal rules, and inyodividualnoj will of its participants. Communication of legal relations with individual -

D.O.claim's 1 Ases, connected with invalidity of transactions. - Tomsk. 1998. - with. 15.: Gurvich M. A. The doctrine about the claim. - M, 1981. - S.21-22.

3 Trubetsky I.JU.juridical fact in civil legal proceedings//Bulletin Sara tovskoj the State Academy of the right. - 1996. - №1. - С.80.

4 Theory of state and law. - I LIE, 1972. - С.457.

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nym behaviour also occurs through "strong-willed juridical facts" - dejstyovija subjects 1.

Legal acts - the facts of strong-willed behaviour of people, external expression of will and consciousness of physical persons and legal bodies. V.N.KudYorjavtsev fairly believes, that as jurilicheshy the fact it is possible rassmatriyovat and telodvizhenie, both operation, and a complex of operations. It depends from konyokretnoj situations, on how the juridical fact in norm пра­ва2 is simulated.

Actions of the person, as a rule, are caused by an orientation ^go zoli on achievement of any result (legal or legally bezrazlichnoyogo, but significant for the figure for other reasons). O.A.Krasavchikov has truly noticed, that as the basis for a recognition of behaviour of the person legally significant that the will and consciousness are making active moyomentami in succession of events in which the person took part serves. Action is a declaration of will, but not will 3.

The individual will directing legally significant action, can correspond to the public will expressed in rules of law, or, at least, not contradict it. Such action admits pravomeryonym. Sometimes acts of will contradict public interests, nayorushaja forbidding mandatory provisions. Such action is neprayovomernym (a crime, an offence, offence).

The resulted bases do not settle all classification juridicheyoskih the facts-actions. Lawful acts are subdivided on the subject (actions of citizens, the states, legal bodies), on legal napravyolennosti (juridical acts, legal acts, productive dejstyovija), on a branch accessory (financially-legal, remedially -

1 Alexey S.S.problem of theory of law. - T!. - С.347.

2 Kudryavtsev V. N. Legal behaviour: norm and a pathology. - M, 1982. - S.8-10.

3 Krasavchikov O. A. The theory of juridical facts in the Soviet civil law. - bus DISS.... КЮН.-С.7.

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Legal juridical facts), on a way of fulfilment (personally or through the representative), on a way of expression and fastening (silence, gesture, dokuyoment) and on other bases '.

Interest classification of lawful acts on juridicheyoskoj causes orientations. The given classification is based on with what eleyomentom lawful act the rule of law legal posledyostvija connects: with a will orientation on legal result (juridical act), with the fact of acts of will (a legal act) or with actual reyozultatom actions (productive actions).

At fulfilment of the juridical act will of a character napravyolena on achievement of result by way, statutory. For legal effect occurrence it is equally important both a will orientation, and a way of its expression (will). In other words, at pravoyovoj to an estimation to a legal estimation of the juridical act the principle sootyovetstvija will of the person to its will operates. As in juridical acts zayokon connects approach of legal effects with a will orientation, invalidity of these certificates in case of the flaw in the will (a deceit is provided,

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Violence, compulsion), that is under the valid maintenance of will. If the will of the person is expressed by a different way, in other form, than it is offered zakoyonom, appropriate legal effects also do not arise. For example, grayozhdanin, wishing transition of the rights to the property after his death to any person, constitutes the will in the simple written form, notarially not having assured it. nenadlezhashche the issued will cannot entail legal effects, despite an orientation of will of the estate-leaver. Juridiyochesky certificates in the literature also call individual certificates.

Legal acts represent lawful acts with which rules of law connect legal consequences owing to most

1 Isakov V. B. The decree. The slave. - with. 32.

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The action fact irrespective of, whether napraaleno action on given poyosledstvie or not.

Thus, the strong-willed orientation of the figure does not influence legal result of action. It is possible to carry a debt recognition, the statement for a perfect crime to legal actions-acts. Among protsessuyoalnyh juridical facts to acts it is necessary to carry, for example, refusal of the claimant of the claim. Has no value, whether the claimant has forgiven to the debtor obligation execution, whether it has been voluntary executed by the debtor before awarding judgement or the claimant had other reasons. Refusal of the claim always vleyochet uniform legal effect - phase-out on business.

In a science there is an ambiguous relation to allocation juridicheyoskih certificates-acts within the limits of considered classification. S.F.Ke-chekjan believes, that such lawful acts which do not involve occurrence (change, prekrashcheyonija) legal relation, at least these actions are not juridical facts and caused others juridicheyoskie consequences irrespective of, whether these actions on these consequences or not \the Legal act have been directed, considered S.F.Kechekjan, has no value of the juridical fact though is legally relevantyonym action. It carries to such actions, for example, the reference to the debtor, interrupting current of limitation of actions, a debt recognition, preduyoprezhdenie the faulty supplier, taking formal note. S.F.Kechekjan's these actions suggests to consolidate under the name "legally relevantyonyh actions".

Some authors consider on it classification of legal fak-tov-lawful actions settled. So, O.A.Krasavchikov subdivides all lawful legal acts on two groups depending on, whether legal effects with a will orientation on the legal communicate

1 Kechekjan S.F.decree. The slave. - with. 163-164, 176.

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Result or not '.СИ. Vilnjansky also sees this classification dvuyochlennoj:.

Other authors allocate the third group within the limits of given klassifikayotsii. M.M.Agarkov offers the following classification lawful dejyostvy on volezom1/to criterion:

Juridical acts - the lawful acts directed on ustayo novlenie, change or the termination of legal relations;

Legal acts - the lawful acts directed on a recognition of the facts or the notice on the facts last, present both future and which cause legal consequences irrespective of, whether these actions have been directed on these consequences or not;

The actions which have created provided rules of law objective rezul гат3.

Thus, productive actions by rules of law are carried to juridical facts owing to objective character of result of these dejstyovy. Has no jural significance an orientation of will of the subject (whether rasyoschityval he on these consequences or on others or did not assume nastuyoplenija consequences or they to it were indifferent), a way of action. Activity of the author, the inventor concerns productive actions, dejyostvija on creation or change of things, that is intellectual and fiziyochesky productive work. Remedial juridical facts - rezulyotativnyh actions do not exist, as, from our point of view, dejayotelnost participants of process on consideration and the resolution of disputes is always purposeful, creates not obektivirovannyj result, and serves protection of the broken or challenged right or interest protected by the law.

1 Krasavchikov O. A. The decree. The slave. - With. 156.

"Vilnjansky SI. Lectures on the Soviet civil law. - Kharkov. 1°58. - S.84-85. 3 Agarkov M.M.Objazatelstvo on the Soviet civil law 7 Scientific works ZIJUN HKIO the USSR. - Zyp. Z - M. 19 TH. - S.90-96; it. Concept of the transaction on Soviet grazhdanyoskomu to the right//the Soviet state and the right. - 1946. - №3-4. - С.51.

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Супіестзутот The phenomena which do not depend in any way on will of the person in svoyoem occurrence, development or the termination, but nevertheless they have direct influence on public relations in this or that sphere. Owing to their legal importance they are carried to legal fakyotam - to events. As a rule, them are the natural phenomena. To juridicheyoskim to the facts-events those natural phenomena, which okayozyvajut influence on legal relations concern only. The birth and death of the person, flooding or a thunder-storm concern events, entailed destruction of property and to that similar circumstances. Has fairly noticed N.I.Matuzov, that in itself events of anything legal do not contain also automatically any circumstances do not generate, but serve as occasions, the reasons for this purpose '.

The problem of influence of event on protsessualyonye relations is of interest, that is whether event by the remedial juridical fact is.

N.A.Chechina believes, that is direct with norm events grazhyodanskogo the law of procedure do not connect legal effect as considers also S.S.Alexey, P.F.Elisejkin2.

V.N.ShCheglov considers events as remedial juridical facts, but denies their independent role at transformation protsessuyoalnogo правоотношения3.

K.S.Judelson names events along with actions protsessualnyyomi juridical facts 4.

Matuzov N.I.legal relation 7 Textbook of theory of state and law. - M, 1997.-S.4 % '

2 CHechina N.A.civil the remedial relation. - С.47; Alexeys S.S.general teoyo rija the socialist right. - Vyp. 2. - Sverdlovsk, 1963. - With. 170; Elisejkin P. F. Gra - the Don remedial legal relations. - Yaroslavl, 1975. - С.34.

Causing occurrence and change of civil remedial legal relations//Works of Tomsk state university of V.V. Kujbysheva's 3 Goldfinches. - T! S3. - a Series legal. - Tomsk. 1966. - with. 145.

4 JUdelson K.S.Soviet civil procedure. M, 1956. The-joint venture.

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E.A.Krasheninnikov writes, that along with remedial dejstvijayomi hypotheses of civil rules of procedure comprise instructions on events that gives the bases to consider event in quality samostojatelyonoj versions of juridical facts in civil remedial prayove *.

A.F.goat also carries events to remedial juridical facts 2.

As a rule, event of direct influence on the civil remedial relation in whole and its structural elements not okazyvayoet as civil remedial relations are imperious, the basic subject of relations - court. Only bench warrants, vyrazhenyonymi in the form of the decision and definitions, civil remedial legal relations can change or stop. Events are the facts giving the basis to court to publish such certificate. The certificate edition is both the right, and a duty of court in the presence of certain event. Thus, soyobytie is an element of the legal structure necessary for izmeneyonija or the termination of legal relation. Event as an element of legal structure also is the remedial juridical fact. So, the death of the citizen is the legal fact-event and along with opredeleniyoem vessels ceases manufacture on business (point 8 of article 219 GPK RSFSR).

The judgement, certainly, concerns the legal facts-actions as it is taken out by court, is the imperious certificate. The lawful and proved decision is lawful act as RSFSR meets the requirements of article 192 GPK. O.A.Krasavchikov has noticed, that the decision as the written pleading represents the action of court directed on

Krasheninnikov E.A.juridical fact in the civil law of procedure//the Subject of remedial activity in court and arbitration. - Yaroslavl. 1985. - with. 61-62. A.F.decree's 2 Goats. The slave. - С.43.

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The movement of concrete remedial relations made within its competence '.

The illegal decision - what is taken out with infringement protsesyosualnogo and the material law. Such decision is wrongful act as concerns strong-willed behaviour, not sootvetstvujushcheyomu to legal instructions, restrains rights and will not be adjusted with the duty assigned to court 2. nepravosudnost decisions, ustanovlenyonaja definition or the court decision of higher instance, returning of business to new judicial consideration usually attracts, that is grazhdanyoskoe the remedial relation can be renewed (point 2 of article 305 GPK RSFSR). The illegal decision, probably, also does not become juridicheyoskim the fact if it is cancelled also court cassation or supervising instanyotsii the new decision passes or ceases manufacture on business, ostavljayoet the statement without consideration (points 3 and 4 articles 305 GPK RSFSR).

The lawful judgement should be carried to legal (indiyovidualnym) to certificates. The will of the operating subject - of the court which is taking out resheyonie, - is directed on achievement of the purpose of any civil procedure - razyoreshenie civil-law dispute or interest protected by the law in the form of the decree.

On a structure of the will containing in the decision as the juridical fact, it concerns unilateral certificates as serves as will of one-its subject - vessels. The legal maintenance of the will expressed in a judgement, allows to carry it to written pleadings. The court - the imperious participant of the civil remedial relation, but fulfilment protsesyosualnyh actions is its duty, as well as the right while the parties have the right, but are not obliged to make legal proceedings 3. Such

Krasavchikov O. A. The theory of juridical facts in the Soviet civil law. - a bus diss. - With. 12.

2 Alexeys S.S.problem of theory of law. - T. 1. - С.353.

3 Vaskovsky ST. Course of civil procedure, С.652.

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In the image, removal the decision is execution of a remedial duty of court, as protection of the rights and interests of citizens protected by the law otneyosena to its competence.

On character of action obshchepravovaja classification provides division of juridical facts into the facts limited (unitary) dejstyovija and the facts-conditions for which it is characteristic unlimited, or povtoyorjajushcheesja, legal act. Some scientific facts-conditions rasyosmatrivajut within the limits of classification by a strong-willed sign, allocating them narjayodu with events and actions!.

SI. Vilnjansky conditions carries to events 2. Tolstoj J.K. rasyosmatrivaet conditions as special group of juridical facts, as they can have both strong-willed (marital status), and not strong-willed (a condition in relationship) an origin 3. It is impossible to agree with it as strong-willed napravyolennost the juridical fact and its duration in time cannot simultaneously be classification signs, objectively it is the various bases of classification.

It is necessary to agree with S.S.Alekseevym, V.B.Isakovym, S.F.kechekja that should not have a place mixture classification priyoznaka 4.

The juridical fact of unitary action will entail legal posledyostvie unitary. The legal fact-condition it is permanent influences legal relations, with approach of its legal effects legal vozyodejstvie does not stop. The remedial juridical fact of the unitary

1 Ioffe O. S. Legal relation on the Soviet civil law. - L, 1949. - With. 122-123; Stalgezich A.K.some questions of the theory of socialist relations//the Soviet state and the right.-1957. - №2. - С.31.

2 Vilnjansky S.I.decree. The slave. - S.84-85.

3 Tolstoy JU.K. To the legal relation theory. - L, 1959. - With. 14.

4 Alexeys S.S.problem of theory of law. - Т.1. - С.360; it: the General theory of law. - m „1982. - Т.2. - With. 177-178; Isakov V. B. The decree. The slave. - with. 34; Ivanov Z.D.juridical fact and occurrence of rights of citizens, 7 Soviet state and the right. - 1980. - №2. - С.36.

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dejstzija - the statement otzola to the judge. The statement is considered, udovletvorjayoetsja or deviates, and it is more to this statement in session of the court do not come back.

Sometimes from the legal facts-conditions distinguish legal usyolovija \where elements of structures previous pravootnosheyony join. So, for the order as the proprietor a thing belonging to it juriyodicheskim a condition property right presence serves.

The legal conditions establishing the legal capacity and grazhdanyoskoe a condition of subjects of law, in the scientific literature has received naimenovayonie elements civil состояния2.

It is a question of an age, sex, education, the marital status and other conditions. Some scientific legal conditions and the facts-conditions identify. V.B.Isakov has suggested to discriminate juridical facts and legal conditions on following signs:

- Juridical facts directly cause legal consequence, legal conditions - indirectly, through one or several intermediate links;

- The juridical fact is connected with the given concrete legal relation, legal conditions usually determine some various legal bonds;

- Juridical facts, as a rule, - circumstances single, situatsiyoonnogo values, legal conditions in the majority - the facts dliyotelnogo действия3.

Boderekova G. S. Juridical facts in development of labour legal relation. A bus diss... KJUN. - M. Л983. - With. 6.

: Grshshburg L.J.Sotsialistichesoe labour legal relation. - M, 1977. - S. 210. 3 Isakov V. B. The decree. The slave. - with.22.

There is an opinion, that actual facts in one pravootyonoshenijah can be juridical facts, in others, connected with pervyyomi - they prove as legal (standard) conditions '.

The right - and capacity first of all concern remedial legal conditions civil remedial. Civil protsesyosualnaja the legal capacity represents ability to be the participant of civil remedial legal relation, remedial deesposobyonost - ability of the subject of process by the actions to carry out laws of procedure and duties. A condition of occurrence of the civil standing in court at citizens is the fact of their birth, at collective formations - presence of the status of the legal person (the fact gosuyodarstvennoj organisation registration by competent body), or presence of separate corporate franchises (the employment and dismissal right), and also the court ruling about the admission in process of community leaders as item 147 GPK RSFSR. Ability to be the participant of process in kayochestve the public prosecutor arises at the citizen not from the moment of a birth, and with momenyota appointments to the post of the operative worker of Office of Public Prosecutor. The Grazhdanyosky standing in court of the physical person to be the party in financially-legal sense or the third party in process is defined by its material legal capacity 2. Thus, participants grazhdanyoskogo process should possess special civil remedial правоспособностью3.

Boderskova G. S. Juridical facts in the mechanism of legal regulation of labour relations of workers and employees//Remedial implementers constitutional prag »and on judicial і: arbitrazhtto it is sewn up> '. The interuniversity thematic collection. - KaliYOnin. 1982. '-С. 183.

: Osokijaa G.Grazhdanskaja remedial the right - and capacity//the Russian justice. - 1ск> 7. - №5. - С.35.

3 Vikut M. A. The Grajasdansky standing in court as the right precondition on прелъя1.лекие the claim / Problems of application and perfection GPK RSFSR, - Kalinin, 19S4.-S.44-45.

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The legal facts-conditions and legal conditions legal dejstyovie render, as a rule, in aggregate with others legal faktayomi, that is form the set of facts. However not all in a science carry juriyodicheskie conditions to legal structure on a level with the "central", "solving" facts '.

There is a point of view, that the condition is a circumstance, which soyoputstvuet to formation of the basis (juridical fact) of legal relation, its termination 2. Some consider, that as legal structure-always a "highly specialised" complex of the facts "the facts of the general harakyotera" should be fixed to frameworks of concrete structure 3. Others avyotory include in the concrete set of facts the legal facts-conditions 4.

As a rule, the legal facts-conditions and juridical facts, nepoyosredstvenno attracting legal effects, are fixed in various prayovovyh norms. Nevertheless for pravoprimenitelja it is equally important ustanoyovit presence as conditions, and neposredstzenno operating juridical facts. Thus, both the legal facts-conditions, and legal usyolovija, and juridical facts of unitary action are included into legal structure is equal in rights.

The judgement acts at transformation material prayovootnoshenija as the juridical fact of unitary action. In proyotsessualnyh legal relations court awarding judgement under any claim

1 Ivanov Z.D.juridical fact and occurrence of rights of citizens. - С.36; A.F.civil's Goats laws of procedure and duties of the trial court and remedial juridical facts//the Collection of scientific works. - Vyp. 8. - Sverdlovsk. 1968.-with. 351.

"Ajueva E.I.some aspects of a category of juridical facts//Jurisprudence. - 1985. - №4. - С.68.

3 Isakov V. B. Standard fastening of sets of facts//the Soviet state and pravo.-1977. - №2.-С. 127.

4 Jarkov V.V. Ukaz. The slave. - with. 123-124.

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It can be considered as the juridical fact which in the future constantly interferes with judicial consideration of the identical claim.

Preobrazuja or ceasing material legal relation, court udovleyotvorjaet converting claim of the claimant, thereby it is realised and ceases to exist. The material legal relation transformed by a judgement, passes in new kachestzo or stops. For proyotsessualnogo legal relations the judgement can constantly cause any legal effects (for example to release from proving in other processes of persons of the facts established by it participating in business and prayovootnosheny, prepjatstzovat to the reference with the identical claim). PrekraYOshchaja remedial legal relation, a judgement acts as juriyodichesky the fact of unitary action.

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A source: TIHONKOVA NATALIA VALEREVNA. JUDGEMENT PROBLEMS AS JURIDICAL FACT. The dissertation on competition of a scientific degree of the master of laws. Saratov 2000. 2000

More on topic 1.2. Kinds of juridical facts in civil legal proceedings:

  1. new sources of the legal remedial facts in modern civil legal proceedings
  2. 3.1. Tendencies of development of the legal remedial facts of civil legal proceedings
  3. CHAPTER 3. CONCEPTS OF DEVELOPMENT OF THE LEGAL REMEDIAL FACTS OF MODERN CIVIL LEGAL PROCEEDINGS
  4. CHAPTER 1. TEORETIKO-LEGAL ASPECTS OF THE LEGAL REMEDIAL FACTS IN CIVIL LEGAL PROCEEDINGS
  5. the concept of the electronic legal remedial facts of civil legal proceedings as result of reforming of the remedial legislation of Russia
  6. Kukuev Sergey Jurevich. the LEGAL REMEDIAL FACTS In CIVIL LEGAL PROCEEDINGS. The dissertation on competition of a scientific degree of the master of laws. Moscow 2018, 2018
  7. the Part I. The theory of juridical facts of civil law
  8. Rozhkova Marina Aleksandrovna. THEORIES OF JURIDICAL FACTS CIVIL AND THE LAW OF PROCEDURE: CONCEPTS, CLASSIFICATIONS, BASES OF INTERACTION THE DISSERTATION On competition of a scientific degree of the doctor of juridical science. Moscow - 2010, 2010
  9. Chapter 3. Juridical facts - the events which are coming under to registration in bodies of civil registration, as the bases of occurrence, changes and the terminations of civil matters
  10. Chapter 2. Juridical facts — the actions which are coming under to registration In bodies of civil registration, As the bases of occurrence, change and the termination Civil matters
  11. the Part III. Conceptual bases of interaction of theories of juridical facts civil and the law of procedure
  12. kinds of the legal remedial facts
  13. § 3. The legal nature of classification of juridical facts in the criminally-executive right
  14. § 2. An establishment of juridical facts in special proceeding