К вопросу об определении границ фактических составов

Abstract

The article reviews problems of the determination of boundaries of a set of facts as a system of legal facts. The issue of the establishment of boundaries of a set of facts has been studied in works of multiple Russian and foreign researchers. However, there are still certain issues in this area. The author primarily focuses on the identification of problems of studying and determination of elements of a set of facts in the temporal boundaries and the demarcation between sets of facts and single legal facts. In the paper, the author concludes that sets of facts as systems of single legal facts should have certain boundaries and a set of facts itself has a one-time action character. Besides, another challenging issue is the demarcation between elements of sets of facts and legal conditions that serve as a basis for the origination, amendment and termination of the multitude of legal relations. The author concludes that if there is a special indication of the legislator, legal conditions can be viewed as legal facts that constitute a set of facts.