Open AccessTHE RATIO BETWEEN THE CONCEPTS OF A LEGAL ACT AND A LEGAL DOCUMENT
Author(s) -
Olga Sydorenko
Publication year - 2021
Publication title -
aktualʹnì problemi vìtčiznânoï ûrisprudencìï
Language(s) - English
Resource type - Journals
eISSN - 2664-6226
pISSN - 2408-9257
DOI - 10.15421/392104
Subject(s) - legislator , premise , legal research , action (physics) , legal opinion , legislation , political science , law , legal document , expression (computer science) , legal practice , empirical legal studies , legal realism , law and economics , computer science , epistemology , sociology , private law , black letter law , comparative law , philosophy , physics , quantum mechanics , programming language
The article explores various approaches to determining the relationship between the concepts of a legal act and a legal document. Two approaches to the study of legal acts have been identified: narrow and wide. Depending on the approach chosen, the ratio of legal acts and documents will be determined. With a narrow approach, legal acts and documents practically coincide, but at the same time the document will act as a generic concept, that is, a wider category. With a broad approach, the ratio of legal acts and documents will be exactly the opposite: an act-document from these positions is part of a legal act as a broader concept. Analyzing the essence of a legal act, it can be characterized as the result of the action of a competent legal entity, expressed in a certain form in accordance with the legislation, is focused on the regulation of public relations. From the point of view of the methodology of the study of legal phenomena, the main way to determine the truth of this or that position is its empirical verification, connection with practice. It was stated that there are documents that are not legal acts. So, the methodological premise underlying the characterization of an act through a document can be considered correct. It has been established that the legislator in a number of cases recognizes the legal consequences of the phenomena of social reality, which are not documents: by oral expression of will, actually committed actions, signs and symbols. Despite the prevalence of a wide approach to the study of legal acts in legal science, more attention in their study is given to the acts-documents. Acts-documents are an important type of legal acts. The most significant legal consequences are documented, which is intended to establish such an objective property of law as formal certainty. Legal acts-documents are an important, basic part of both legal acts and documents as broader concepts. So, the optimal time frame capable of solving the task at hand is a “legal document”, which gives rise to legal consequences. At the same time, a legal document will differ from other legal acts in the form of external expression – documentary.