Legal Fictions and Presumptions in Russian Constitutional Law

Abstract

The article focuses on the role and significance of legal fictions and presumptions in modern Russian law. Analyzing the Constitution of 1993, several important federal statutes, and also the practice of the Constitutional Court, the author concludes that the fictions and presumption are a separate and, in many ways, a unique phenomenon in the legal regulation and can not be reduced solely to legal technique. Through fictions and presumptions the law is capable of internal, self-supporting development.

Keywords

• constitution
• legal fact
• legal fiction
• legal presumption
• legal rules