Statement on establishing a fact of legal significance

What facts of legal significance can be established by the court?

Most often, a citizen uses a statement to establish a fact of legal significance when there are no documents confirming certain rights. Or such documents were drawn up with violations. This is usually found out when contacting a notary for registration of an inheritance, the Pension Fund for receiving a pension, the registry office for issuing repeated certificates, etc.

An approximate list of facts of legal significance is listed in Article 264 of the Code of Civil Procedure of the Russian Federation, which includes:

• family relations (statement to establish the fact of family relations)
• being a dependent (statement to establish the fact of being a dependent)
• registration of birth, adoption, marriage, divorce, death (statement to establish the fact of birth)
• recognition of paternity (statement to establish the fact of recognition of paternity)
• ownership of title documents to a person whose first name, patronymic or last name indicated in the document does not coincide with the name, patronymic or last name of this person indicated in the passport or birth certificate (statement to establish the fact of ownership of the document)
• possession and use of real estate (statement on prescription of possession)
• accident (for filing a later application for recognition as deceased)
• death at a certain time and under certain circumstances in the event of a refusal by the civil registry office to register the death (statement to establish the fact of death)
• acceptance of the inheritance and the place of opening of the inheritance (application to establish the place of opening of the inheritance, application to establish the fact of acceptance of the inheritance)

This list is not closed. The court may establish other legal facts.

Correction of typos in passports, certificates (issued by the Civil Registry Office) and military documents

The above-mentioned article of the Civil Code also clarifies that correcting typos in passports, certificates issued by civil registry offices, and military documents does not relate to establishing facts of legal significance, since it is possible to correct errors or make corrections in civil registry records out of court.

Correcting a typo in a passport

If there is a typo in your passport, you should simply apply for a replacement document. In accordance with the Decree of the Government of the Russian Federation dated 07/08/1997 N 828 “On approval of the Regulations on the passport of a citizen of the Russian Federation, a sample form and description of a passport of a citizen of the Russian Federation,” a passport is replaced if inaccuracy or error in the entries made in the passport is detected. To do this you should prepare:

• application for passport replacement in Form No. 1 P;
• passport to be replaced;
• two personal photographs measuring 35 x 45 mm.

Correction of a typo in the certificate issued by the registry office

If you need to make changes to a document issued by the Civil Registry Office:

1. We draw up an application for a correction or change in the civil status record according to Form No. 23.
2. We attach to it:

• identification document;
• the document to which the change needs to be made;
• a document confirming the need for changes; For example, if there is a spelling mistake in the surname on the child’s birth certificate, you can attach a copy of the father’s passport.
• a document confirming authority (if a legal representative or authorized representative applies);
• a document confirming relationship or interest and a death certificate (if corrections need to be made to the document of the deceased).

The state fee does not need to be paid if corrections or changes are made to civil status records due to errors by civil registry office employees. You need to contact the registry office that issued you the certificate to which you need to make a correction, or the registry office department at your place of residence.

If the registry office receives a refusal, you should contact the court at your place of residence with an application to make corrections or changes to the civil status record. The court decision will serve as the basis for correction of the record by the registry office.

How to draw up a statement to establish a fact of legal significance

It is not difficult to independently draw up a statement to establish a fact of legal significance. But a positive decision depends on taking into account the nuances that must be reflected in the text of the application:

• a fact is an event or action that has already occurred and which necessarily entails the emergence of rights and obligations. It is impossible in court to establish facts that have no legal consequences.
• it is impossible to establish and document the fact otherwise, out of court. To do this, it is enough to contact the relevant authority and receive a written refusal.
• the application describes the purpose of the filing - what exact consequences will occur due to the recognition of a legal fact. For example, applying for a pension, receiving an inheritance.

A typo in the court decision

The final authority in correcting typos and inaccuracies is the court, but what if there was also a typo in the court decision?

Article 200 of the Code of Civil Procedure of the Russian Federation stipulates that the court does not have the right to change its decision, but it can correct a typo in it, on its own initiative or at the request of the participants in the process.

In the application for correction of a clerical error, it should be stated in detail: in the decision on which case, what specific clerical errors were made, and how they should be corrected.

An application to correct a clerical error is considered by the court within ten days from the date of its receipt without holding a court hearing and without summoning the participants in the process. However, if necessary, the judge can still notify and summon the persons involved in the case.

Be careful! Until October 1, 2021, a different procedure for considering applications to correct clerical errors was in effect (this issue was considered in a court hearing with notification and summoning of the participants in the process).

Based on the results of consideration of the application, the court issues a ruling to correct the clerical error. Within 3 days from the date of its issuance, it is sent to the persons participating in the case; after 15 days it enters into legal force. It should be attached to the court decision as confirmation of the corrected inaccuracies.

How to apply to court

An application to establish a fact of legal significance is submitted to the court at the place of residence of the applicant. But if a fact is established in relation to real estate, then only to the location of such property.

When submitting an application to the court, the applicant must reliably understand and prove that there is no dispute about the law in the case. Interested parties should not have any objections to the legal consequences of establishing a fact. For example, if recognition of paternity entails a dispute over the division of inheritance, it is impossible to establish such a fact in court. In this case, a statement of claim to establish paternity is sent to the court.

A positive decision in the case will mean that the legal fact has been established. But if such a fact requires registration, then the applicant must contact the registering authority. It provides a final court decision as the basis for registration.

The decision on an application to establish a legal fact comes into force one month after its issuance, unless an appeal against the court decision is filed.

Questions for a lawyer about drawing up an application

In what cases is a statement of claim filed, and when is it about establishing a fact?

As a distinction for cases of establishing various facts, the following features exist: by virtue of a direct indication of the law, this fact gives rise to the emergence, change or termination of a legal relationship; the establishment of a fact is not associated with a dispute about law; the applicant has no other opportunity to obtain or restore documents certifying this fact; The law does not establish another, extrajudicial procedure for establishing this fact.

What must be included in the application to the court?

The most important thing in a statement of fact is to indicate the purpose for which you are going to court.

Does the court decision in this case replace the lost document?

In this case, the decision cannot replace the document, since it does not contain all its details. But such a decision can, instead of a document, confirm the existence of the fact itself. In most cases, you additionally have to contact the competent authorities to obtain the relevant supporting documents.

to “Statement to establish a fact of legal significance”

How correctly and against whom to file a claim for recognition of ownership of a garden plot? All 130 hectares are collectively owned by a non-profit gardening partnership. In order for me to register ownership of my 400 sq. m. I need (as I was told) a protocol of the general meeting on the allocation of a plot of land to me in kind, or an act of approval signed by each member of our SNT, or a court decision. I have been a member of SNT since 1984. I am on the list of gardeners, but I did not receive a state license. land deed, and it was not found in the archives. In the Book of State Records. acts is listed as state. the act is in my name, it has been assigned a number, but it is unknown to whom and when it was issued, there is no signature. I was refused registration. A court order is required. Who should I file a claim against, SNT or the registration chamber?

Love, if you have already been issued a state certificate for a land plot, you need to submit an application to establish the fact of ownership of the land plot by right of ownership in a special proceeding.

It is necessary to file a claim for recognition of ownership of the dacha. It was purchased by me in 2006 for 15 thousand rubles from the actual owner. He did not formalize the right of inheritance for himself after the death of his father. Last year he died, and now his son is demanding that I vacate the house I bought. What to do?

The answer to your question depends on what documents for the dacha were drawn up by the previous owners. If your son has documents confirming ownership of the dacha (in his case, a certificate of inheritance), file a claim against him.

How to properly file an application to the court to establish legal rights to a summer cottage? If there is a mistake in the surname in the certificate of ownership issued in the name of the mother (she is no longer alive). What documents need to be attached?

If there is a typo in the title documents, the heirs go to court with a claim to include the property in the inheritance mass: https://vseiski.ru/iskovoe-zayavlenie-ob-opredelenii-dolej-i-vklyuchenii-imushhestva-v-nasledstvennuyu-massu. html

Can I resolve my issue in special proceedings by filing an application to establish the fact of ownership of property? The fact is that 3 years ago I bought a garage from a member of the GSK, the entire registration procedure was followed, as the chairman of the cooperative said, but instead of a sales contract I have a receipt, which, however, allows me to identify the property. There is a resolution from the local administration to include me as a member of the cooperative.

To answer your question, you need to figure out whether the garage seller was the owner of this property? If the garage is located in the GSK, ownership rights arise from the moment the share is paid out. The GSK must register the land plot, provide the necessary documentation to Rosreestr, after which the GSK members have the right to dispose of the property as if it were their own. In general, all disputes about rights to property are resolved in lawsuit proceedings. An application to establish a fact of legal significance is submitted in the case where there is no dispute about the law, only its confirmation is necessary due to shortcomings in its confirmation.

There is an order for the allocation of land for the site in the city archives, but due to the illiteracy of the owner at that time there is no signature on this order. They said that if there was a signature, then with these documents you can immediately contact the department to register ownership of the plot. They were sent to court to establish a legal fact. Can I write in the I ASK line in the statement of claim about recognition of ownership of this plot? Or can I just request an extract from the archive register of the notary office?

Establishing a legal fact means that this fact already exists, but it cannot be confirmed by properly executed documents. In your case, it means that establishing a fact is possible if the owner is already the owner of the property, but cannot confirm this with documents. If ownership has not arisen, a claim must be filed in court to recognize the right.

How to submit an application correctly if the privatization document contains a number of errors? Now I can’t get a certificate for an apartment. Privatization took place in 1995.

It makes sense to go to court if it is impossible to correct errors in the contract out of court. To correct errors, an additional agreement to the contract is drawn up and signed by the parties. Contact your local administration with this request. In case of refusal, it is necessary to submit an application to the court to establish the fact of ownership of the title document.

The court refused to accept the application to establish a fact of legal significance, due to the fact that it is not subject to consideration and resolution in civil proceedings in accordance with paragraph 1 of Part 1 of Art. 134 Code of Civil Procedure of the Russian Federation. The statement stated that he disputes or establishes the legal fact of the time of creation and meaning contained in a number of documents of JSC Battery Plant in relation to him, which indicate falsification. Did the court act correctly?

This is important to know: Statement of claim for recognition of the loan agreement as not concluded

The court should have left the application without consideration, in accordance with Article 263 of the Code of Civil Procedure of the Russian Federation, having explained to the applicant his right to file a statement of claim to challenge the documents of the OJSC.

Hello, can you tell me how to file a claim in court to terminate an employment contract due to the death of the employer?

If the employer, who was an individual entrepreneur, died, an authorized person can make entries in the work book about the termination of employment relations with his employees (there must be an order from the individual entrepreneur assigning responsibilities for maintaining work books). If such a person has not been appointed, you can apply to the court to establish the fact of termination of the employment relationship due to the death of the employer. In addition, the termination of the employment relationship can be recorded by the next employer with whom the employee will be employed, based on the death certificate of the individual entrepreneur.

Please tell me. To calculate the pension, a certificate of salary for the 5 best (according to salary) years is provided. The organization cannot issue this certificate due to impossibility due to a natural phenomenon. Which Statement is written in this case: On establishing a fact of legal significance or Statement on establishing the fact of work (receipt of salary).

Expert opinion

In this case, a statement is written to establish the amount of wages. An application for establishing a legal fact can be taken as a sample.