The сoncept and types of factual communities in the modern theory of law

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Abstract


The article is devoted to the problems of formation and positioning of the category of “factual communities” in legal science. The relevance of this phenomenon in law is due to the need for a broader approach to the study of a set of factual circumstances that are the grounds for the emergence, change or termination of legal relations, which undoubtedly contributes to a more effective implementation of the goals of both lawmaking and law enforcement practice. The purpose of this article is to determine the prerequisites for the formation of the legal category under consideration, to identify the main types of factual communities, as well as to understand their functions. Achievement of this goal will make it possible with sufficient certainty to identify the main characteristics of the specified legal category, as well as to determine functional links with related legal concepts. The methodological basis of the article was made by modern achievements in the theory of knowledge. In the process of research, theoretical, general philosophical (dialectical, analysis, synthesis, deduction, systemic method), as well as traditional legal methods (formal-logical, normative-dogmatic and others) were used. In the course of the research, based on the analysis of the relationship of physical objects, phenomena and their groups among themselves, it was concluded that the term “factual communities” is a logical continuation of the development of the theory of legal facts, reflects the interconnected association of individual legal facts, as well as their actual composition. Such associations can have a different scope, as a result of which their functionality may also differ. The primary factual commonality is the actual composition. Factual systems are larger in volume and more complex in structure.


About the authors

Elena Yur’evna Tsukanova

Belgorod National Research University

Author for correspondence.
Email: tsukanova@bsu.edu.ru
ORCID iD: 0000-0003-4072-8218
85 Pobeda Street, Belgorod, the Belgorod region, 308015, Russian Federation

Candidate of Legal Sciences, associate professor the Department of Civil Law and Procedure, Law Institute

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