Legal Presumption: Integrative Approach to Comprehension

The article focuses on the definition of the presumption in domestic legal science as well as on creating a system of indications of this phenomenon on the basis of the analysis of major viewpoints presented in the legal literature. The authors conclude that there exists a common understanding of the nature of presumption with the following presumption signs list being presented: probable assumption, legal fact, factual rebuttability, operability, legal enshrinement, regulatory capacity, instrumentality. On the basis of the signs mentioned before the authors present a definition of the presumption as an established by law actual rebuttable probabilistic assumption of presence or absence of the deed or action aimed at creation, modification or termination of a legal relationship.