Establishing a fact of legal significance

Misprints in legally significant documents actually limit people's rights. If there are inaccuracies in the entries in the work book - they will not confirm the length of service, there is an error in the registration documents for the land plot - you will not be able to dispose of the plot. When receiving any document, it is extremely important to study it carefully. A mistake made not through your fault, but in your documents, will create difficulties primarily for you, and sometimes also for your heirs. Not all errors can be corrected by contacting directly the authority that issued the document or made the recording; often the only option is to go to court. For these cases, civil procedural legislation provides for such a procedure as establishing a fact of legal significance. For example, the fact that a title document belongs to a person whose name, patronymic or surname indicated in the document does not coincide with the name, patronymic or surname of this person indicated in the passport or birth certificate. Also, the issue of making corrections or changes in civil status records can be resolved in court.

Let's take a closer look at how to correct this or that typo or establish the fact that a document with an error belongs to its owner.

A fact of legal significance is understood as a circumstance on which the emergence, change, or termination of personal or property rights of citizens or organizations depends. The subject of proof in this case is to establish the fact that a document with an error belongs to a specific person.

The court establishes facts of legal significance in two cases:

if this cannot be done in any other order;
if it is impossible to restore lost documents.

Thus, if a clerical error in a document cannot be eliminated by contacting the authority that made the recording or issued the document, or if the document is missing altogether, you should go to court. If it's not a passport; certificate issued by the civil registry office; military document - an application is submitted to establish a fact of legal significance.

For example, if in your passport you are “RustEm”, and in the certificate of registration of property rights you indicated the name “RustAm” by mistake, or “Kazakov” suddenly became “KOZAKOV”, and “AbduLLovich” accidentally changed to “AbduLovich”, you will not be able to make any registration actions with your property. If the property right was registered a long time ago, Rosreestr may refuse the application to correct the clerical error. In this case, it is possible to establish the fact that the document belongs to its real owner only by applying to the court with an application to establish a fact of legal significance.

The court decision will confirm the fact that the document with the error belongs to its owner, and in relation to the fact subject to registration, will serve as the basis for such registration.

Sample application to the court about a legal fact

In ___________________________________ (name of the court) Applicant: ___________________________ (full name, address) Interested person: __________________ (full name or name of the body, address)

Statement on establishing a fact of legal significance

_____________ (indicate the fact for which the applicant is seeking to establish) _____ (indicate for what purposes the applicant needs to establish this fact) ________ (indicate the reasons for the impossibility of obtaining appropriate documents or the impossibility of restoring lost documents).

Based on the above, in accordance with Articles 131-132, 264-268 of the Civil Procedure Code of the Russian Federation,

Ask:

Establish a fact ____________

List of documents attached to the application (copies according to the number of persons participating in the case):

Copy of application
Document confirming payment of state duty
Available documents confirming the arguments set out in the application

Date of application: “___”_________ ____ Signature _______

statements:

Application for establishing a legal fact

More examples of statements on legal facts can be found here:

What facts can be established in court?

Due to errors and inaccuracies, facts can be established in court (Article 264 of the Civil Code of the Russian Federation):

family relations;
registration of birth, adoption, marriage, divorce, death;
ownership of title documents to a person whose name, patronymic or surname indicated in the document does not coincide with the name, patronymic or surname of this person indicated in the passport or birth certificate, etc.

This list is not exhaustive; other facts of legal significance may be established. For example, quite often they go to court upon retirement to confirm their work experience, which, due to some inaccuracies, cannot be established on the basis of available documents. In this case, the applicant can present in court certificates from the archives, petition to call witnesses, and present other evidence confirming his work experience.

In addition, the court may establish facts that are not related to errors in documents: the fact of being a dependent; the fact of recognition of paternity; the fact of ownership and use of real estate; fact of an accident; the fact of death at a certain time and under certain circumstances in the event of a refusal by the civil registry authorities to register the death; the fact of acceptance of the inheritance and the place of opening of the inheritance, etc.

Currently, the case of establishing the fact of permanent residence in the territory of the Republic of Crimea or in the territory of the federal city of Sevastopol is widespread. In accordance with the Resolution of the Constitutional Court of the Russian Federation dated October 4, 2016 N 18-P, if it is impossible for a citizen of Ukraine to submit to the authorized body registration documents confirming the fact of his permanent residence in the territory of the Republic of Crimea or in the territory of the federal city of Sevastopol as of March 18, 2014, such the fact may be established by a court of general jurisdiction on the basis of other legally permissible evidence.

Court to establish the fact of ownership of a document

Establishing a fact is a consequence of an error in a document, due to which it becomes difficult for a person claiming a property object or a legal fact to prove that he has every right to it.

For example, when the surname is written correctly in the documents, but the notary who issued the will certificate wrote down the surname of the heir incorrectly according to the testator. The heir cannot receive the will, since there is even a single letter error.

Errors occur due to illiteracy or mishearing the surname and writing it down that way. How can you solve the problem? Of course, only through the court. Only the court has the right to correct this error, but, of course, not without proving the error on the part of the applicant.

What documents are corrected without trial?

Not all documents are subject to fact-finding through the court:

Citizen's passport;
Certificate of birth, death, divorce, and marriage;
Military ID of the Russian Federation;
And a document on education (diploma, certificate);

These documents are corrected by the authorities that issued them to you when you contact them in writing.

What are the features of these cases?

In these cases, the main thing is that there is no subject of dispute. It is important for the interested party to identify his document and its involvement in the presence. This example was given above by inheritance. There it is important to establish a chain and provide evidence, for example, that you are the daughter of the deceased (birth certificate of the heir and testator).

Also, for example, the seller or buyer in a contractual transaction of a property nature, questions regarding the work record in pension matters, questions in a land dispute regarding the allocation of a land plot, division of an inheritance, or drawing up a will.

In such cases there is no statute of limitations; a person can apply when the need arises, and not when he learned about a mistake.

Advice from our lawyer on these cases:

do not rush and run to court to establish the fact; pay attention to the type of document, since, as stated above, there are documents that do not need judicial resolution of the issue.
be careful yourself.
Don't waste time fixing this problem. Laws change, changes are made. If you tighten it, it will be more difficult to solve the problem later.
When resolving the issue, contact a specialist. To a person who can help you, and the law office has such specialists. Attentiveness and knowledge of the laws are the key components of a lawyer in our law office.

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:

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

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 cancellation of adoption

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.

Statement on establishing a fact of legal significance

An application to establish a fact of legal significance is submitted in accordance with special proceedings (Chapter 28 of the Code of Civil Procedure of the Russian Federation). The main difference between special proceedings and the usual lawsuit is that it is one-sided. There is no dispute and, therefore, no disputing parties. The participants in the process are: the applicant and the interested party. Nevertheless, the court is competent to consider this case. The application contains the following information:

about the court to which the application is being filed;
about the applicant;
about the person concerned.

An interested party could be, for example:

a notary who refused to perform a notarial act due to a typo in the document;
the local Administration, which refused to make changes to the title documents;
The Rosreestr Office, which did not register the transaction;
Administration of the Pension Fund of the Russian Federation, which did not count the length of service, etc.

Such a statement is not a claim! The title states: “Statement to establish a fact ... (states the fact that needs to be established)”

After this, the essence of the case is stated, what inaccuracies and errors were made, in which documents, what fact should be established.

Must be indicated:

For what purpose is it necessary to establish this fact? For example: to open an inheritance case, to complete a purchase and sale transaction, to register rights, etc.
Reasons for the impossibility of establishing this fact out of court. Evidence must be provided to support your arguments. For example, a notary’s refusal to perform a notarial act or Rosreestr’s refusal to amend the title documents is attached.

Having examined the totality of all available evidence, the judge will make a decision on the basis of which changes can be made to the title documents.

State duty for establishing a fact of legal significance

As we said earlier, cases of establishing facts of legal significance are considered in a special proceeding. Paragraph 8 of Article 333.19 of the Tax Code of the Russian Federation stipulates that when filing an application in cases of special proceedings, a state duty of 300 rubles is paid.

Jurisdiction of statements to establish facts of legal significance

District courts are competent to consider such applications. As a general rule, an application should be filed with the court at the place of registration of the applicant. The exception is when it is necessary to establish the fact of ownership and use of real estate; the application is submitted to the court at the location of the real estate.

The procedure for correcting an error in a title document

File an application to the court . First, you need to draw up a competent statement establishing the fact of ownership of the document. The parties to this application will be the applicant (the citizen in whose documents there is an error) and the interested party (who issued this document). The application must describe when and by whom the document was issued, what error there is in it, and we ask you to establish the fact of ownership of the document. The application is submitted at the location of the applicant. The application is accompanied by a state fee of 300 rubles, copies of title documents without errors, for example, if there is a mistake in the last name in the diploma: a copy of the passport, a copy of the diploma, a copy of the birth certificate, a copy of the certificate.
Submitting an application . An application is submitted to the court either by hand or by mail. It is best, of course, to submit it on purpose; they will mark you as accepting the application, and after five business days you will be able to call the court and find out about the status of your application.
Court . After the court has accepted the application, it sets a trial date. You can enter the process either with or without a representative. The court, of course, will not confirm the fact in any organization or educational institution, since this will not have a legal fact. The receipt of activities by such a citizen is legally significant. Basically, these problems arise in inheritance cases, an error in a diploma, in a work record book. In court, you will refer to the documents provided, and what is also important is to take the originals of the attached documents with you so that the court can check them with a copy.
Execution of a court decision or appeal. After the court has made a decision in your favor, you wait for the deadline to enter into legal force, and with this decision you are sent to the authority where the document error is required to be corrected. If this decision is appealed by an interested party, the process will be considered in a higher court, that is, in the Regional Court.

USEFUL: watch also the video on our YouTube channel on issues of inheritance and disputes in which our inheritance lawyer participates:

Can the court refuse?

The court may refuse to recognize a legal fact if:

there are other extrajudicial ways to establish it;
during the consideration of the case, the existence of a dispute about the law is established;

For example, other heirs of the deceased are announced. In this case, the court issues a ruling to leave the application without consideration. At the same time, in the ruling, the court explains to the applicant and other interested parties their right to apply to the court with a statement of claim for similar requirements.

the fact has no legal significance;
jurisdiction is incorrectly determined.

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.