THE ROLE OF LEGAL FICTIONS IN MODERN LAW ENFORCEMENT PRACTICE

Abstract

This article is devoted to defining the role of legal fictions in modern law enforcement practice. To do this, the author reveals the content of this category, paying attention to the absence of the need to consider fiction as something false and contrary to objective reality. Further, the author defines the meaning of legal fictions, conducting a detailed analysis of their main functions on the example of the civil legislation of the Russian Federation and the corresponding law enforcement practice. At the same time, its practical aspect is mainly studied. The main attention is paid to the protective function of legal fiction, the essence of which, as the author shows, is to restore violated rights and establish a balance of interests of the parties to the legal relationship, as well as to protect the rights of third parties. The features of this function are considered on the examples of the following fictions: fiction of the occurrence of a condition or non-occurrence of a condition; fiction of the presence of powers; fiction of non-conclusion of a contract. The author comes to the conclusion that fiction as a method of legal technique is used not only by the legislator, but also finds independent application in practice, which is reflected in the explanations of higher courts considered in this article.