ԻՐԱՎԱԿԱՆ ԿԱՆԽԱՎԱՐԿԱԾՆԵՐԻ ԵՎ ՖԻԿՑԻԱՆԵՐԻ ԷՈՒԹՅԱՆ ԲԱՑԱՀԱՅՏՄԱՆ ՏԵՍԱԳՈՐԾՆԱԿԱՆ ՄՈՏԵՑՈՒՄՆԵՐԸ

Abstract

For the emergence of legal consequences, in addition to real factual circumstances, legally permissible assumptions about factual circumstances - legal presumptions and fictions - are of great importance. Inadequate study of the characteristics and correlation of presumptions and fictions causes difficulties in law-making and law-enforcement practice. The difficulty in distinguishing these two phenomena is due to the fact that they are quite similar and closely related. The purpose of this article is to investigate the characteristics and correlation of legal fictions and presumptions. In order to achieve the set goal, the following main tasks were identified: ➢ to study the nature of legal presumptions and fictions, highlighting their commonalities and features, ➢ to study the relationship between legal presumptions and fictions, ➢ to develop of proposals aimed at fixing presumptions and fictions in legal acts and improving their application in practice. The subject of the study was examined with the use of general and special scientific methods, such as dogmatic, comparative legal, logical and legal modelling. As a result of the conducted research, a number of conclusions were made, the main contents of which are as follows: Legal presumption and fiction perform similar functions in the process of legal regulation. Their existence is due to the need to overcome the gaps in the legislation, to eliminate uncertainty in public relations. The meaning of the existence of legal fictions and presumptions is to create, with the help of an assumption, a legal consequence that would normally result from an event or action, they replace legal facts in the service of overcoming uncertainty. Fiction and presumption are beyond reality. They do not exist in the real world, but they are an integral part of the legal reality. At the same time, the analysis of their relationship has shown that, despite existing similarities, these normative generalizations are different. A presumption is rebuttable, and the assumption to be asserted is probable, while a fiction is irrefutable, and a proposition defined by a fiction is false. Presumption is inductive in nature, in the form of incomplete induction, and fiction is deductive. The purpose of using fiction is to recognize as true a assumption that is consciously inconsistent with reality, which does not pursue the goal of establishing the truth, its main purpose is to regulate those relations that cannot be regulated in any other way. Presumptions establish a necessary legal fact based on the probability of its existence. Based on the results of the research was proposed to supplement the Law of the Republic of Armenia on Normative Legal Acts with a new article on the use of legal presumptions and fictions. The proposed addition will have a guiding significance from the point of view of modeling legal norms. With that addition, it will be possible to subject the legislative and sub-legislative field to systematic and comprehensive regulation in terms of the application of legal presumptions and fictions.