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Publication date: 10.11.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Establishing facts that have legal significance is an important component of the legal process, as certain facts may affect the emergence, change or termination of the rights and obligations of natural persons. The court can establish such facts only if they have legal significance and meet the requirements of the law. Below is a detailed description of the conditions and cases when the court considers cases to establish the following facts:
Cases when the court can establish facts of legal significance:
- The court can establish the facts of family relations between natural persons, such as parentage, marriage or dissolution of marriage, adoption.
- Establishing the fact that a person is dependent on another person, which may affect the right to social benefits or pensions.
- In the case of a disability that affects the receipt of a pension or other social benefits, the court can establish the fact of disability.
- The court can establish the fact of marriage registration, dissolution or adoption, if for some reason it was not properly registered.
- Establishing the fact that a man and a woman live together in the same family without an official marriage, which can be important for the rights to inheritance, social benefits, etc.
- The court can establish the fact that title documents belong to a person if there is a discrepancy in the data in the documents (for example, surname, first name, date of birth).
- If it is impossible to register the fact of birth due to certain circumstances (for example, lack of documents), the court can establish the fact of birth of a person.
- The court can establish the fact of a person's death in cases where it was not possible to register the death due to circumstances preventing registration.
- In the case of a person's disappearance under circumstances that endanger his life (for example, as a result of emergency situations or accidents), the court can establish the fact of his death, if there are sufficient grounds to consider him dead.
According to Art. 315 of the Code of Civil Procedure, other facts may be established on which the emergence, change or termination of personal or property rights depends, if no other procedure for establishing them is provided for by legislation. The establishment of the fact takes place in a separate proceeding, which is considered by the court. The court does not decide the dispute about the law, it only establishes the fact, which is the basis for further legal actions. Established facts may affect the legal status of a person, the calculation of pensions, benefits, inheritance, etc. If such facts are established, if the necessary legal conditions are met, the court may make a decision that will become the basis for further legal actions or for the emergence of new legal relations.
Conditions for consideration of cases on the establishment of facts of legal significance:
The determination of facts of legal significance is an important procedure in the legal system, and courts may accept applications and consider them in separate proceedings, provided that certain criteria are met. These criteria determine when the court can intervene and conduct a procedure to establish such facts. Let's consider these conditions in more detail:
- Facts that have legal significance should have an impact on the rights and obligations of individuals. This means that their establishment should lead to the emergence, change or termination of the rights of individuals or legal entities. For example, establishing the fact of paternity may affect the child's right to inheritance or to receive social benefits.
- It is important that the fact-finding procedure is not part of the legal dispute. The court only establishes a fact (for example, the fact of birth or the fact of mutilation), but does not decide the rights or obligations of the parties arising from this fact.
- If the applicant cannot obtain the necessary documents to confirm the fact (for example, due to the loss of the birth certificate, the death of a relative or other reasons), the court may consider the case to establish this fact. This is important because the person must exhaust all other possibilities for documentary confirmation of the fact.
- If the law does not provide for another procedure (for example, administrative or extrajudicial), the court can intervene. This means that, if there is no special legislative mechanism for establishing the fact, then the court has the right to establish the fact in a separate proceeding.
Question
To which court should an application be filed to establish a fact that has legal significance?
Answer
An individual's application to establish a fact of legal significance is submitted to the court at his place of residence. This means that the place of submission of the application is determined by the address of the applicant's actual residence, and not by the location of the authorities that are relevant to the specific fact. If a person wants to establish the fact of family relations, the fact of mutilation or the fact of death, the application must be submitted to the court located at his place of residence. It should also be noted that the courts, when considering such applications, assess whether they meet all the conditions for consideration in a separate proceeding, as described earlier, to determine whether there are legal consequences of this fact for the personal or property rights of the applicant.
Question
Who must be present when the court considers the application?
Answer
Cases on the establishment of facts of legal significance must be considered by the court with the participation of: the applicant - the person who submitted an application for the establishment of a fact of legal significance, interested parties - persons whose rights or interests may be directly affected by the results of the case. These can be relatives, other natural persons or bodies that have an interest in establishing this or that fact (for example, in the case of establishing family relations, it can be family members who have the right to inheritance or other property rights). Relevant organizations or bodies — bodies that may be involved in establishing a certain fact or in determining its legal consequences. These can be, for example: social security authorities, if the case concerns the receipt of a pension or social benefits, or Military Committees, if the case is related to the facts of military service or service in the army.
Lawyer services for submitting an application to the court:
The lawyer help for submitting an application to the court to establish a fact of legal importance may include several stages. Here are the main types of legal services:
Lawyer consultation and legal analysis of the situation: Lawyers online will consult on whether a fact of legal significance is to be established. He will explain what facts can be established through the court; how these facts affect the rights of the applicant and whether there are other ways (extrajudicial procedure) to establish these facts.
Assistance of a lawyer in the preparation and drafting of a statement: A lawyer will help to draw up a statement on the establishment of a fact of legal significance, correctly and in accordance with the requirements of the law. This includes: lawyer advice on determining the necessary documents for submitting an application; drawing up the text of the application with a detailed justification of the request; collection of evidence and documents confirming the fact to be established (for example, testimony, medical documents, certificates, etc.).
Court proceedings: The lawyer will file an application with the court in the applicant's place of residence and ensure that all documents are properly filed for the trial. The lawyer will represent the interests of the applicant at all stages of the case review, will appear at court hearings, will participate in hearings to prove a fact that has legal significance. The lawyer will also ensure the involvement of witnesses or experts, if necessary to prove the fact.
Establishing facts of legal significance is an important procedure in judicial practice, which allows to resolve issues affecting the rights of individuals or legal entities. This applies to situations where the facts, even if they are not related to a legal dispute, are of essential importance for the further exercise or protection of rights. Legal services will make the process of submitting an application and establishing facts of legal significance more structured and efficient, which allows you to avoid mistakes and delays in the legal process.
