Concept and importance of legal facts in dynamics of financial legal relations

Abstract

In today’s legal reality there are new search for ways to achieve stability of legal relations. The industry of financial law is not an exception. At same time it is necessary to note that in this situation increases interest of scientists to study circumstances that give rise to emergence, change or termination of financial relations - legal facts, definition of their concept and importance of dynamics of this kind of public relations. Releavance of research topic: Indeed, legal facts in movement of all types of legal relations are very important because financial (and other) legal relations are dynamic legal phenomenon, essence of which might be revealed during its respective stages of development: emergence, change and termination. Recent research and publications analysis: Fundamentals in study of legal facts were laid by such theorists and financiers such as: S. S. Alekseyev, V. B. Isakov, S. A. Zinchenko, O. A. Krasavchikov, N. P. Kucheryavenko, A. P. Orlyuk, G. F. Shershenevich, M. D. Shargorodskiy and others. At same time, concept and value of legal facts in dynamics of financial relations is little explored. Paper objective: With this in mind, purpose of article is to analyze different points of view regarding designated topic. Paper main body: It is significant that even concept of fact is quite common, however, it is treated very ambiguous. Among jurists legal facts traditionally defined as specific circumstances of life, with onset of financial rules of law which bind emergence, change and termination of legal relations. Legal facts in financial and legal regulation have a number of characteristics: consolidation in financial rules of law; reasonableness; ability to determine legal consequences; concreteness; descriptiveness; clearance; effectiveness (the actual occurrence). The essence of financial legal relations, which are dynamic legal phenomenon might be revealed during its respective stages of development: emergence, change and termination. And particular importance here is acquire legal facts. Taking this into account, the legal consequences that follow on basis of legal facts, in most common way can be reduced to main phases of existence of legal relations - their emergence and termination, as well as change. At same time it is important to emphasize that legal facts are not only generate, change or cancel financial relations, but also correct in a certain way those rights and duties of participants of financial activities which occur within relevant legal relations; ensure implementation of rights and duties of relevant actors in their actual behavior. They advocate direct legal basis of origin of subjective rights of individuals in specific legal relations, a kind of transition means of a legal entity to appropriate subjective right, take an independent place in mechanism of legal regulation, as they provide a transition from state normative regulation of social relations to individual through prescribed in law subjective rights and corresponding duties. Conclusions of research: We believe that legal facts have following functions: emergence, change and termination of financial legal relations; legal constitutive; constructive; garantee; informative; individual regulation.