Abstract
The aim of the research is to identify common and distinctive features of legal presumptions and other tools of the legal method. The author uses logical and functional analysis, synthesis, formal-legal methods in the research. The subject of the research is tools of the legal method: legal presumptions, factual presumptions, prejudice, legal principles, legal axioms and legal fictions. The object of the research is properties of legal presumptions compared to other tools of the legal method. The theoretical basis of the research is works of Russian scholars in the field of legal theory (Yu.A. Serikov, M.L. Davydova and others). Legal presumption is a presumption, enshrined in the legal norms, of the presence or absence of legal facts based on the relations between them and real facts confirmed by previous experience. Factual presumption is a presumption not enshrined in the law. Factual presumptions are similar to legal presumptions in their social and logical nature but different mainly in the absence of the legal aspect. Similarities between legal presumptions and legal axioms are that (1) they are formed as a result of accumulation of experience; (2) they provide for the righteousness of the law. Differences between axioms and presumptions are that (1) their truthfulness is not in doubt; (2) they do not require proofs; (3) they can exist without being enshrined in the law. Similarities between legal principles and legal presumptions are that (1) they are social and legal regulators; (2) they have similar mechanisms of action. Differences between them are that (1) principles work without proofs; (2) they have different scopes of action. Prejudicial circumstances are circumstances established by the decision of the court or confirmed by a notary, they are not to be re-proved in cases provided by the law. Similarities between prejudicial circumstances and legal presumptions are that (1) they need certain conditions to start action; (2) they are refutable. Differences between them are (1) in their connection to the subject of proof; (2) in their functions. Similarities between fictions and presumptions are that (1) they need certain conditions provided by the law to start action; (2) they can be classified on the same bases. Differences between them are that (1) all fictions are irrefutable; (2) fictions are false by their nature, but presumptions have a degree of probability. Thus, legal presumptions are closely interrelated with other tools of the legal method but they all have different properties.
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