Keyword: «law-making and law enforcement»

This chapter of the monograph considers such special means of legal technique as legal presumptions and axioms. As social regulators, they are a variety of rules that complement legal norms and help to overcome the most difficult situations in legal regulation, as well as to overcome conflicts in law-making and law enforcement. The chapter focuses on the theoretical and legal emphasis and the reflection of legal presumptions and axioms in Russian legislation and legal practice. The opinions of legal scholars, examples from practice and legislation are given. It is concluded that legal presumptions and axioms, with seeming similarity, are different in their content and purpose mechanisms that are used by legal techniques for the qualitative regulation of various social relations.

This chapter of the monograph considers the legal fiction as a special means of legal technique from the standpoint of law-making and law enforcement. The article studies theoretical and legal aspects of fiction as a legal category, its application in the material and procedural law, manifestations in modern Russian legislation and legal practice. In conclusion, it is justified to distinguish legal fiction from related phenomena, such as legal presumptions and axioms.