FEATURE OF APPLICATION OF CONCEPT OF JURIDICAL CONSTRUCTION TO JURIDICAL COMPOSITION

Abstract

The article is devoted to consideration of the features of juridical composition as juridical construction that consolidates juridical elements and at the same time is an element of more complex juridical cause-effect construction. The authors determine the juridical nature of juridical construction and features of application of such scientific concept in researches devoted to juridical phenomenon and processes. It is determined that juridical composition is juridical construction as complex of defined elements (juridical fact and its conditions or juridical facts) and at the same time is an element of cause-effect construction which progress in practice of law-enforcement leads to consequences of establishment, changing or termination of legal civil relationships. Juridical composition is a normative-factual construction as formation that contains not only theoretical (model of circumstances of juridical reality provided by provisions of current civil legislation) but also real (factual) element (circumstances that occurs in juridical reality). The value of juridical composition as an instrument of scientific or analytical cognition of juridical reality through juridical models is determined by elements of composition, relations between such elements and as a result by determination of possibility of concrete juridical composition to cause juridicaly important consequences. The construction of juridical composition allows researching its elemental content from point of view of it completeness or non- completeness state regarding the model of appropriate circumstances provided by legislative provisions and to determine the character of relations between composition elements in context of temporal relation between the moments their establishing. At the same time when researching cause-effect construction in conditions of practice of lawenforcement juridical composition can be used as an instrument of cognitional localization, systematization and theoretical grouping of circumstances of juridical reality that are actual on the moment of accumulation of elements of juridical composition that allows to reveal whether appropriate juridical situation corresponds to juridical model or does not correspond to it that in its turn allows to ascertain whether juridical consequences are caused or not caused.