Legal Facts of Criminal Law in Court Decisions on Civil Cases
The inner and inter branch approaches to legal qualification of facts are considered in the article. It is substantiated that if within one of the branches of law the act is considered to be a misconduct it can not be regarded as legal in any other branch qualification although the degree of severity of legal sanctions can be different.The research purpose is a study of tools and methods of legal qualification of facts within the civil process using the materials and conclusions of criminal and administrative law.Material and methods. The research material was Russian civil, criminal and administrative law, scientific articles on the research topic as well as materials of court practice. The main research methods were the methods of formal and legal as well as comparative and legal analysis. Findings and their discussion. On the basis of an analysis of normative and legal material, doctrinal scientific sources as well as vast law applying practice a conclusion is made that the system approach is a way of legal qualification of facts within this or that branch of law, namely, on the basis of law interpretation it is identified, 1) the norms of which branch of law the circumstances under qualification correspond and it is assessed 2) how they correspond the qualification features of the applied (used) norms of the legal branch under consideration. A legal fact is a form of the existence of circumstances of reality in the legal sphere; one and the same fact can be evaluated using legal structures of different branches of law. If the act within the branch is publicly qualified as a misconduct the contradictory character of the established fact must stay unchanged withing the private and legal branch qualification. The reaction of any branch of law to misconduct should certainly be negative while the violator of others’ rights should be deprived of benefits which he obtained or was going to obtain when breaking the law, by violating rights and protected interests of private individuals and the whole civil society. If it is proved within a criminal case that the individual implemented his intention to legalize somebody’s belongings pretending to have legal rights to owe them, according to civil and legal qualification this act should be qualified as illegal, not followed by typical for civil law consequences, but not as a buying-selling bargain. Since according to the law, theft of other people’s belongings is qualified as a criminal act when it is disguised as a civil and legal bargain. Consequently such “bargains” can not only be considered the basis for acquiring the right of ownership of the belongings which are alienated not by their legal owner but also the buyers of these belongings are illegal.Conclusion. The necessity in the elaboration of unified approaches to the legal qualification of facts by all law appliers and, first of all, by civil courts is proved in the article. Facts of illegal behavior, which are highly contrary to law, when they are qualified in a private legal way, should be evaluated in a different way compared to acts which have a small degree of subjective error.