Negative legal facts as a subject of proof in administrative and civil proceedings

Abstract

The authors of the article investigate the problems of dividing legal facts into positive and negative and prove that this division should be carried out only according to the criterion of the form of manifestation of the relevant circumstances. It is inappropriate to divide legal facts into positive and negative according to the criterion of the consequences they cause. Positive and negative legal facts are categories of the science of procedural (evidential) law. They are important in both civil and administrative proceedings. A negative legal fact denotes a circumstance that does not exist in reality and its absence has specific legal consequences. A negative legal fact is a circumstance that does not exist, so it is difficult to prove it in court. In judicial practice, an approach has developed, according to which the proof of a negative legal fact is connected with the proof of its opposite positive legal fact. The authors of the article demonstrate the process of proving a negative legal fact using the example of proving in court the fact of concluding a civil deed, in respect of which the requirement for a mandatory written form has not been met. If the interested party provides adequate evidence that proves a positive legal fact (the existence of a deed), then the opposite negative legal fact (the absence of a deed) is refuted. If the interested party does not prove the existence of a positive legal fact, then the opposite negative fact is considered proven. A similar approach is observed in administrative proceedings. The legislator places the burden of proof on the party interested in proving a positive legal fact. Thus, if the inaction of a public authority is contested, the burden of proof of the fact that the corresponding necessary actions have been taken rests with this authority. And the burden of proving the fact of the existence of damage caused by illegal individual acts of the relevant bodies rests with the plaintiff.