On the Purposes, Objectives and Limits of Fixation of Legal Facts

This research is devoted to the legal category of "fixation of legal facts", which, despite its widespread application in all branches of law, lacks a legal definition in Russian civil legislation. The purpose of the study is to form a holistic theoretical framework for this category, including the development of scientific definitions ("fixation", "self-fixation", "mandatory fixation", "fixation of evidentiary legal facts"), identification of its limits and classifications, as well as justification of citizens' right to independently fix legal facts without involving officials. The research methodology is based on the comprehensive application of general scientific and specific scientific methods: comparative legal (comparing approaches of Russia, France, Great Britain, the USA and Muslim law), historical-legal (from ancient philosophy and Russkaya Pravda to modern digital methods), formal-legal, etymological and system-structural; the materials include norms of Russian sectoral legislation, foreign sources and historical-legal monuments. The scientific significance is determined by filling the theoretical gap: for the first time, a holistic concept and classification of fixation is proposed, new scientific concepts are introduced, digital methods of information fixation are systematized (3D modeling, animation, photogrammetry, laser scanning), the right to fixation is justified as a natural human right derived from the concept of ius naturale. The results of the study establish that the institution of fixation has actually formed but is formally undefined and requires terminological development; fixation can be carried out not only by state bodies but also by citizens, whose mechanism is not legally regulated; the right to fixation should be recognized as one of the fundamental natural rights of a person; fixation covers all information fixation methods available through scientific and technological progress and serves as a necessary condition for access to justice and protection of human and civil rights and freedoms. The scientific novelty of the research consists in systematizing the concept of "fixation of legal facts" as a legally significant action in civil law, developing an author's classification of types of fixation, and substantiating the attribution of the right to fix legal facts to natural human rights. The practical significance lies in the possibility of using the research results in improving civil legislation in the field of fixation of legal facts, as well as in law enforcement practice.