On the issue of distinguishing the concepts of "presumption" and "fiction"
Автор: Kozak A.A.
Журнал: Международный журнал гуманитарных и естественных наук @intjournal
Рубрика: Юридические науки
Статья в выпуске: 9-2 (96), 2024 года.
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The article is devoted to the study of the legal nature of such legal structures as legal presumptions and fictions. The basic definitions of presumptions and fictions were formulated, and the main features of these institutions were highlighted. The issue of the correlation of legal presumptions and fictions is also considered, the main features of similarities and differences are identified. Legal categories are considered through the prism of a special method of legal technique, which was used not only in the formulation of a separate norm, but also in the construction of independent institutions, the issue of presumption from the point of view of a legal instrument for redistributing the burden of proof in court is also considered.
Legal presumption, legal fiction, legal category, features of legal presumptions, features of legal fictions
Короткий адрес: https://sciup.org/170207161
IDR: 170207161 | DOI: 10.24412/2500-1000-2024-9-2-197-200