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Publication date: 09.05.2024
Establishment of facts of legal significance
Legal service "Consultant" provides legal services for establishing facts of legal significance.
A legal fact is a circumstance or event that has legal significance and may lead to the emergence, change or termination of legal relations. It can be any action, state or event that has a defined legal nature and consequences.
What legal facts can be established through court?
Upon application, the court may establish the following facts:
1. Family relations between natural persons:
The court can establish family ties between persons. This can apply to marriage, parenthood, adoption, and other family relationships.
2. Stay of a natural person in custody:
The court can decide on the maintenance of a person if it is of legal importance, for example, to assign a pension or social security benefits.
3. Mutilation:
If the disability affects the award of a pension or allowance, the court can establish this fact.
4. Registration of marriage, dissolution of marriage, adoption:
The court can decide on issues related to marriage registration, divorce and adoption.
5. Living in the same family of a man and a woman without marriage:
If a man and a woman live together without an official marriage, the court can establish this fact.
6. Ownership of title documents to a person:
The court can deal with issues related to legal documents such as passports, birth certificates, etc.
7.Birth of a person at a certain time:
If it is impossible to register the fact of birth in the state registry of civil status acts, the court can establish this fact.
8. Death of a person at a certain time:
If it is impossible to register the fact of death in the state registry of civil status acts, the court can establish this fact.
9. Death of a missing person:
If the circumstances indicate a threat of death or an accident, the court can establish the fact of death of the person who has gone missing.
In general, the judicial authorities in Ukraine resolve issues related to these facts in order to establish, change or terminate legal relations between natural persons.
In addition to the specified facts, the court may also establish other facts on which the emergence, change or termination of legal relations depends, if no other procedure for establishing them is determined by law.
The procedure for establishing facts of legal significance
The process of providing legal services to establish facts of legal importance through the court usually involves the following steps:
1. Case preparation. This stage includes the collection of necessary documentation and information that confirms the facts that need to be established through the court. It can be testimony, contracts, acts or other evidence that has legal significance.
2. Appeal to court. After preparing the case, the legal representative or the client himself submits an application to the court to establish certain facts. The application must contain sufficient evidence and arguments so that the court can make a well-founded decision and meet the requirements of the procedural code.
3. Consideration of the case by the court.The court considers the submitted application and the evidence presented by the parties. The court may schedule a hearing to hear testimony and arguments from the parties.
4. Making a decision. After studying the evidence and arguments, the court makes a decision on establishing or not establishing certain facts. The court's decision is final and enforceable. It is possible to appeal only decisions in cases of establishing the fact of birth or death of a person in the territory where a state of war or emergency has been imposed, or in the temporarily occupied territory of Ukraine. However, appealing the decision does not stop its execution.
In the work of a lawyer, legal facts play a key role. The analysis of documents and the lawyer's legal opinion are based on the study of available legal facts. A lawyer's consultation, a lawyer's consultation or a written consultation is impossible without a legal analysis and justification of the client's legal positions based on the investigated legal facts of the case. Understanding and skillful use of legal facts allows a lawyer to effectively protect the interests of his clients in court, negotiations and other legal processes, to provide a high-quality legal opinion.
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of the situation, will ensure the representation of interests in state authorities or the court, will take part in a court hearing in any city of Ukraine. Legal protection in court is a guarantee of quality protection of your rights and interests.
