LEGAL FACTS IN CIVIL PROCEEDINGS

Abstract

The article examines the concepts and basic theoretical and applied teachings about legal procedural facts in civil proceedings. The impact of procedural legal facts on the dynamics of civil procedural relations is determined. It is established that the prerequisites for the emergence of civil procedural legal relations are procedural and legal circumstances (legal facts) that are necessary for the exercise of the right to apply to court for the protection of a violated or contested subjective material right or an interest protected by law. It is proven that legal facts, as one of the primary categories of legal regulation, law enforcement and legal activity, allow to evaluate the justice system in civil cases, its effectiveness and the reality of judicial protection and judicial power, to evaluate the role of the court in the formation of a unified legal space. At the current stage of the development of civil justice, a new approach to the understanding of legal procedural facts is needed, which includes an analysis of previously conducted research, an assessment of the current state of legal procedural facts in science and practice. It has been established that under legal facts in civil procedural law it is accepted to understand certain life circumstances provided by procedural norms, which are connected with the emergence, change or termination of civil procedural legal relations. Legal facts in civil proceedings can be defined as an action or event implemented within strictly defined court procedures aimed at creating a system of legal guarantees at all stages of the development of procedural relations to ensure correct and timely consideration of the case. It is emphasized that procedural legal facts serve to ensure the effectiveness of law enforcement activities for the forced exercise of the rights and legitimate interests of subjects of civil legal relations, to guarantee to the participants in the process a set of necessary transactions, legality, objectivity of the trial, to ensure the appropriate level of legal protection of the person, which constitutes the essence of the civil procedural form.