Actual falsity as a key criterion of legal fiction

The article analyzes the connection between the falsity of the main premise of the legal fiction and the ability of the fiction to be a means of the effective overcoming the situation of an uncertainty. The author substantiates the conclusion that the actual falsity of the position in legal terms is not an effective, not essential sign, but a concomitant, «cosmetic» one of the legal fiction. In case of legal fiction, the connection between its usefulness in overcoming situations of uncertainty and the falsity of the main thesis in a legal sense is accidental one. It is noted that in the legislation and judicial practice, fiction is not a special technique of legal procedure, but mainly it is a negative assessment of a norm, indicating either the deliberate impracticability of a normative provision, or the explicit conditionality of adopting the corresponding provision as a basis.