Tip 1: What is an event as a legal fact?
Tip 1: What is an event as a legal fact?
Some phenomena of reality,occurring independently of the will of a person, may serve as prerequisites for the appearance or modification of legal relations. These phenomena refer to the concept of a legal fact, namely to its variety - an event.
The legal fact is that fixed in hypothesesnorms of law, a concrete life circumstance, the onset of which entails legal consequences in the form of the appearance, change or termination of legal relations. The main criteria for the classification of legal facts are considered to be the nature of legal consequences and the will of participants in legal relationships. The phenomena that are subject to the will of a person are called acts, and legally significant facts that arise, in addition to the will and consciousness of a person, are events. Like actions and events, legal facts can lead to different outcomes In this regard, they are classified into: law-forming (the right to material assistance to flood victims), right-changing (change of tuition fees with the onset of a new academic year), right-stopping (death of the spouse leads to the dissolution of marriage), right-confirming, law-restoring and law-abiding. Events are divided into absolute and relative. Absolute events include natural disasters (earthquakes, floods, etc.) and other natural phenomena (formation of faults, landslides, meteorite fall, etc.) In turn, relative events arise at the will of the subjects, but develop independently from their will. For example, the death of a murdered person is a relative event, since the event itself (death) arose as a result of the willful actions of the killer, but at the same time this event was the result of pathological changes in the victim's body, no longer dependent on the will of the killer. In civil law relations, the delineation of events into absolute and relative events is important. So, if the cause of the occurrence of the consequences is a relative event, it is always determined whether the consequences that have occurred are in the causal relationship with the human action. The terms, as legal facts, can also be referred to relative events. The offense or the expiry of the term automatically forms, modifies or terminates civil rights and obligations generates civil and legal consequences. For example, the expiry of the period of acquisitive prescription will cause the acquisition of the right of ownership to someone else's thing, and the delay in the performance of the obligation will lead to the imposition of responsibility on the debtor or the creditor.
Tip 2: Status as a legal fact
Legal facts play an important role in the legal system, since they connect the norms of law with real social relations. Legal status is one of the most widespread types of legal facts.
Legal facts refer to the so-calledlegal prerequisites for the emergence of legal relationships (rule of law, legal personality, legal fact). A legal fact is a phenomenon of objective reality that has the capacity for a legal assessment that serves as a basis for the conclusion about the possibility of using or applying the rules of law. In other words, the state can regulate public relations of the same essence in different ways. Differences in the legal regulation of relations also cause differences in its mechanism: the same life circumstances are facts that trigger different mechanisms of legal regulation. There are the following types of legal facts: 1. By the nature of the consequences - legal, legal, law-abiding; 2. On the strength of will - events, actions. From the point of view of jurisprudence, the states are continuing, influencing the position of the social subject, his relationships with other persons and organizations. For example, legal states include a person's belonging to the citizenship of a particular state or, on the contrary, a state without citizenship, being in the public service, etc. Thus, some legal relations in themselves are capable of acting as legal facts. Legal conditions can also be a consequence behavior of the person, both lawful (marriage) and illegal (concealment of the person who committed the crime from the justice authorities). However, they may or may not be directly related to such, acting only as the result of certain events (eg, illness, relationship). Consequently, the state is legal when it can be interpreted as a way of manifesting one phenomenon (subject, object) in relation to another in the legal sphere through certain properties and signs, with the presence of which the law connects the onset of legal consequences. The mechanism of interaction of events, actions and states is interesting . At the heart of any state lies either an event or an action, but it is impossible to say that a state is a collection of ongoing actions or events. It is known, for example, that a labor relationship between an employee and an enterprise can last a long period of time and, in a simplified form, looks like a set of actions committed by an employee and the administration of an enterprise for the performance of mutual rights and obligations. Such isolated facts can not be regarded as a state: the whole labor relationship is recognized as a state here, from its beginning to the end. This idea is also confirmed by the fact that the labor status can be changed (the employee can be promoted or demoted, his salary may change, etc.).
Tip 3: What is an event from a legal point of view?
Tens of thousands of events occur in the world every day- phenomena, the emergence of which does not depend on the will of man. In the legal sciences there are special provisions about events and their role in the life and activity of man.
The event is a legal fact leading tooccurrence of legal relations. Events can be natural, natural phenomena that occur in addition to the will of man. In this case, we are talking about floods, earthquakes and other natural disasters, which are not caused by people. According to the law, a person can not be brought to any of the types of legal responsibility if he committed a wrongful act without personal intent, but under the influence of external factors. For example, such situations include the use of food products from a store in which people remained locked for a long time because of an earthquake in the city. Events are also natural phenomena such as birth or death. It is impossible to take any law enforcement measures against the deceased person by his death. Thus, if, for example, a person has passed away without paying a loan to a bank, no sanctions are applied, including to his next of kin. The outcome of this situation will be regulated in accordance with the terms of the contract that a person concluded with the institution during his life. All types of Russian legislation, including civil, criminal, administrative, labor and others, provide for the impact of events on law enforcement activities. Therefore, for a particular type of event, the most favorable outcome is provided, at which the rights and freedoms of a person as a person involved in a situation independent of him are infringed. Civil, family and other types of rights provide for other eventual situations, for example, pregnancy and childbirth, disease , the death of close relatives and others. The person who has appeared in such situations has the right to temporarily leave his job and other duties for a period determined by law, so that events do not violate the natural course of law enforcement activities. Thus, the main feature of the event is its non-military nature, and it is not a question of the cause that caused it, but the process of the event's impact on specific legal relations. Another sign is a temporary character: any event has its own beginning and (most often) an end, in connection with which event situations are treated as models of human interaction and natural, natural conditions.
Tip 4: How to make a purchase from a legal entity
In the process of work, company managers oftenacquire this or that goods from legal entities. In order to take into account the costs when calculating taxes, it is necessary to correctly document the fact of the purchase.
Instructions
1
Before making a deal, be sure to enclosewith the counterparty contract of sale (or supply). Be sure to include in the legal document the subject of the transaction (that is, what you acquire), the conditions (the cost of the goods, delivery, installation, loading works, etc.). Be sure to write down the responsibilities of the parties and the actions in case of their violation.
2
When making a transaction, the second party to the contractmust complete the tax and accompanying documents in a double copy, one of which remains with the supplier, the second - will be transferred to you. Such documents include a commodity waybill (unified form No.TORG-12), an invoice, an act or other documents established by Russian law.
3
When you receive the goods, be sure to lookquality and actual availability. Compare the quantity with the data specified in the accompanying documents. If there are any differences, draw up an act. If not - sign the documents and put a blue seal of the organization's seal.
4
Be sure to check all documents forcorrectness of their filling. Remember that all signatures must be present in the forms, including the driver who delivered the goods. There must also be a stamp of the supplier organization.
5
In the event that the discrepancies are revealed after the signing of the documents, execute the act with a claim against the legal faces.
6
After acceptance of the goods in accountingmake the following entries: 41/60 - the cost of the purchased goods from the supplier is shown (without VAT), 19/60 - the amount of VAT on the purchased goods is shown, 68/19 - the amount of VAT refunded.
