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Golovkova A.Yu. On the Fact in Proof in Constitutional Legal Proceedings

Antonina Yuryevna Golovkova
Candidate for a Degree, Department of Constitutional Law, Teacher,
Ural State Law University
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Komsomolskaya St., 21, office 315, 620137 Ekaterinburg, Russian Federation


Abstract. The article analyzes some peculiarities of the fact in proof in constitutional legal proceedings whereby the methods of law are solved.

There are some legal circumstances in the structure of the fact in proof as a feature of legal constitutional proceedings, and some circumstances of fact which are established by the Constitutional Court of the Russian Federation.
The article proves the dual nature of the fact in proof in establishing legal circumstances: firstly, the fact in proof is a legal fact which leads to certain consequences, and secondly, it is the content of the rules which is also a function of constitutional legal proceedings.
The article reviews some methods of establishing legal and factual circumstances of the case and identifies similarities and differences in their ascertaining.
The author comes to the conclusion that generally the structure of the fact in proof in constitutional legal proceedings fits the traditional structure of the fact in proof that exists in law. In this connection, the article examines the possibility of applying the provisions of normative acts regulating similar relations in other types of proceedings.

Key words: constitutional legal proceedings, fact in proof, Constitutional Court of the Russian Federation, substantiation, proofs.

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