De facto and de jure. Definition of concepts

In jurisprudence, there are two forms of acceptance: de facto and de jure. These expressions over time from the professional environment of use have entered into public life. In this article we will describe what these phrases mean and in what cases it will be appropriate to use them.

De facto. Meaning of the word

De facto acceptance is an official action recognized by authorized persons, but not completely complete. This form is used when one wishes to prepare a basis for regulating relations between states. Or when the leadership of the country considers the fact of recognition premature. One can cite as an example a case from history. In the year 1956 the leadership of the USSR recognized the Provisional Government in the Republic of Algeria . Often, after some time, de facto acceptance becomes de jure. In other words, the first is a preliminary stage of official confirmation. It turns out that de facto and de jure are interrelated. It is also worth noting that the former is currently rare in the international legal field.

De jure. Meaning of the word

This concept refers to international law in relation to states and its governing bodies. In everyday life, it means something that can not be questioned. For example, de jure adoption is unconditional and final. It implies the establishment between the subjects of the international legal field of the right to conduct international relations and is accompanied, often, by an official declaration of recognition and establishment of diplomatic relations.

In addition to adopting de facto and de jure, there is also the so-called ad hoc. This concept means situational recognition, that is, at the moment. Such a case happens when the government of one state enters into one-time relations with the leadership of another state, while adhering to the policy of official non-recognition. For example, when the question arises of protecting their citizens who are in a given country.

Types of recognition

The concepts of "recognition of governments" and "recognition of states" should be distinguished. The latter occurs when a new independent state appears in the international arena, which arose as a result of a political revolution, war, division or unification of countries, etc. The recognition of the government (government) of the state occurs basically simultaneously with the recognition of the state as an independent unit. But history knows cases when the government received recognition without the adoption of the state.

At present, there is a tendency when some individuals, representatives of the separatist movement, seek to obtain the status of opposition resistance bodies. And accordingly, the advantages and rights that result from this.