An application for the establishment of a fact of legal significance shall be submitted to the court in case of impossibility to collect the necessary documents for obtaining benefits, public services or property rights. The law provides for a special procedure in this regard. How to act, we will discuss further in the article.
Court Objectives
The activity of the court consists in the resolution of disputes, confirmation of rights. Another of his tasks is the resolution of cases of special proceedings, where there is no dispute as such. In particular, if a citizen needs confirmation of facts.
The bureaucratic system operates on the basis of clear instructions. For example, in order to receive a particular document, you must submit a list of specific references, extracts, etc. Going beyond the scope of the requirements will lead to a negative result.
The judge, however, has the right to go beyond the scope to the extent of his powers and establish a particular fact according to indirect evidence. For this, he uses the testimony of witnesses. And sometimes the only way out is to file an application to establish a fact of legal significance.
What the applicant is entitled to count on
The court is guided by several criteria before opening proceedings:
- Firstly, the rights and interests of citizens depend on the fact established by the court. For example, it is necessary to confirm the fact of kinship between the heir and the testator, and the authorities of the RAGS are not able to issue relevant certificates or certificates. It remains only to appeal to the court. Because of this, the judges find out for what purpose a statement is submitted on the establishment of a fact of legal significance.
- Secondly, does the request fit into the list prescribed by law. This is important because there is one exception that you will learn about later.
Reasons for submitting documents for civil procedure
The Code of Civil Procedure lists the situations in which it is allowed to apply for the establishment of a fact of legal significance. The most common among them are the following:
- The establishment of kinship, in particular, it is practiced to confirm both the fact and the degree of kinship (mother - daughter, etc.).
- Confirmation of dependency.
- Registration of civil status (birth, death, marriage, paternity).
- Identification of documents (with the exception of confirming the identity and certificates issued by the authorities of the RAGS).
- Proof of rights to own and use real estate.
- Confirmation of an accident.
- Clarification of the place of opening of the inheritance and the fact of its adoption.
- Other facts affecting civil rights, obligations and interests.
Arbitration process
Does the application for establishing a fact of legal significance consider arbitration? Yes, but the list in Art. 218 agribusiness is formed according to the needs of entrepreneurs and organizations involved in economic activity.
It includes:
- The fact of owning or using property as one’s own.
- The fact of registration of a legal entity and individual entrepreneur in a specific place at a specific time.
- The fact of ownership of a document of an organization or individual entrepreneur, if the name of the organization or the full name of the entrepreneur does not coincide with those indicated in the constituent documents or those that confirm the identity.
- Another fact, the presence or absence of which affects the occurrence, termination or change of rights in the field of economic activity.
How to choose a sample or application
Samples of statements of fact-finding with legal significance are designed for specific situations. The ways of presenting texts of legislative acts and statements differ.
The former are abstract and uncertain. The second are designed for a specific situation. And statements on similar matters always have individual nuances.
The application form for establishing a fact of legal significance is designed for general use. True, it contains references to articles of the procedural code. It is worth being careful not to confuse the agro-industrial complex and agro-industrial complex. Otherwise, the court will either refuse to accept the application or leave it without motion to eliminate the deficiencies.
What to consider when writing an application
Both codes mention one important nuance. Before sending a statement to the court, it is necessary to collect documents proving the impossibility of confirming the fact in another way, without going to court.
In this case, it is either a ban established by law, or a shortage of papers to resolve the relevant issues by the officials themselves.
What is the peculiarity of the agro-industrial complex? The sample statement on establishing a fact of legal significance also contains a link to the internal acts of the organization, confirming the absence of a document and the impossibility of its restoration.
Are similar requirements for IP presented? It all depends on the practice of the particular court that accepted the application. For ordinary citizens, this problem does not arise.
The scheme of the application to the general court
The application is allowed to be sent by posting on an electronic service or in paper form. Its text includes:
- name of the district court (at the place of residence of the applicant or location of the property);
- Applicant's full name or full name of organization;
- similar information about interested parties;
- a statement of the circumstances of the case (what fact and why it is required to be established, as well as other important, according to the applicant, circumstances);
- requirement to court (“I ask to establish such and such a fact”);
- list of documents attached to the application;
- receipt of payment of state duty attached to the application;
- signature indicating procedural status (applicant or his representative) and filing date.
The number of copies of the application and documents is attached according to the number of participants, plus one additional copy for the court case.
Preparation of materials for arbitration
The application to the arbitration court may be submitted in paper or electronic form. It is compiled as follows:
- name of the arbitral tribunal;
- information about the applicant (name of organization or full name of F. I. O.), date of birth, registration numbers from the register of legal entities persons and individual entrepreneurs;
- location or residence address, email address;
- Interested parties (name of organizations, full name of F. I. O., address of location or residence);
- circumstances of the case;
- references to the norms of the law that confirm the onset of legal consequences if the application to the court is satisfied;
- circumstances or facts justifying the intervention of a court;
- evidence of appeal to the relevant authorities and their answers about the impossibility of restoring the relevant documents;
- fact finding request;
- list of documents used in preparing the application;
- signature of the submitter, confirmation of his authority and the date the application was sent to court
- receipt of payment of state duty.
Attached are copies of the securities indicated in the list. In any case, the following documents must be present:
- A copy of the certificate of registration of a legal entity or as an individual entrepreneur, which must be received no earlier than 30 days before going to court.
- Documents confirming authority, in particular, orders of appointment, giving the right to sign letters of attorney or personal representation.
If other persons or organizations are invited to participate in the case, the applicant must also prove to them the sending of copies of the application with all documents.
How much to pay the state
What is the size of state duty? A statement on the establishment of a fact of legal significance in a court of general jurisdiction (civil cases) will cost 300 rubles. A statement to the arbitration is 3,000 rubles, regardless of the status of the submitter (person or organization).