The Fact in Proof in Special Proceedings Aimed at Protecting Legal Interests

Legal interests, unlike subjective rights, do not have definitely regulated grounds for the emergence, modification, termination of a legal relationship in which a social interest can be realized. The activity of the court aimed at protecting legal interests differs from similar activities aimed at protecting subjective rights in that in order to resolve the dispute that has arisen, first of all, it is necessary to create a certain sample of the normal development of the disputed legal relationship, and then apply it to the disputed legal relationship. In cases of special proceedings, the specified content of judicial activity is implemented in two directions: the introduction of certainty into the disputable factual or legal characteristics of a legal fact; the creation of a legal composition replacing an irreversibly absent legal fact that serves as the basis for the emergence of a subjective right. It is shown what kind of facts constitute the subject of proof in controversial and indisputable cases of special proceedings aimed at protecting legal interests.