Application to establish the fact of ownership of the document

See also other sample statements in the section: “Statements to establish facts of legal significance.”

Clause 5 of Part 2 of Article 264 of the Code of Civil Procedure of the Russian Federation provides for establishing the fact that title documents belong to a person whose first 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.

In other words, the above rule of law establishes the possibility of correcting errors made during the preparation of certain official documents. For example, the certificate of ownership of real estate indicates the name of the owner “Sofia”, and not “Sofia”, as indicated in the passport. The commented rule of law is also applicable for the purpose of correcting mistakes made in a citizen’s patronymic, surname, date of birth and other data erroneously indicated in the title document.

The fact that a person owns a registry office certificate is not established by the court

The above norm of Article 264 of the Code of Civil Procedure of the Russian Federation does not provide for the possibility of establishing the fact that a person owns military documents, passports and certificates issued by civil registry offices (birth certificates, adoption certificates, registration and registration of marriage, death, etc.), since errors can be corrected or corrections made in records acts of civil status can be done out of court:

“..Corrections and changes to civil registry records are made by the civil registry office if there are grounds provided for in paragraph 2 of this article, and in the absence of a dispute between interested parties...

A conclusion on making a correction or change in a civil registry record is drawn up by the civil registry office if: ..the civil registry record contains incorrect or incomplete information, as well as spelling errors.”

See Art. for more details. 69-70 of the law “On acts of civil status”

Thus, taking into account that the certificates issued by the civil registry office are personal and not of a legal nature, and the law provides for a different (extrajudicial) procedure for “solving the problem,” the court refuses to accept an application to establish the fact that a person owns the certificates issued by the civil registry office.

The court establishes facts of legal significance only if it is impossible for the applicant to otherwise obtain the appropriate documents certifying these facts, if it is impossible to restore lost documents (Article 265 of the Code) and in the absence of a dispute about the law within the jurisdiction of the court (Part 3 of Article 263 Code) (“Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the fourth quarter of 2006”, approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated 03/07/2007)

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.

Subject of proof in the case of the fact of ownership of title documents by a person

The subject of proof in a case regarding the fact that a person owns title documents includes establishing:

• the fact that the document belongs to a specific person (it should be noted that we are not talking about establishing the facts of a person’s identity, work at an enterprise or graduation from a university);
• legal, and not personal (military documents, passport, certificates issued by the registry office) nature of the document;
• impossibility of making changes to the title document by the body (organization) that issued this document;
• the purpose of establishing the fact of ownership of the title document;
• no dispute about law.

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.

Evidence in the case of the fact that a person owns title documents

The necessary evidence to confirm this fact may include:

• copy of the passport,
• birth certificate,
• witness's testimonies,
• written evidence confirming that the title document belongs to the applicant.

See in more detail in the attachment the extract from the Review of the Kemerovo Regional Court dated August 27, 2004 N 01-19/386 “Review of judicial practice of consideration by the courts of the Kemerovo Region of cases on establishing facts of legal significance”

Correct an error in the work book

This procedure is most common in our practice. Incorrect entries, surnames, first names, non-existent positions and other errors in work books are corrected in two ways:

• the employer (if it still exists) issues a certificate confirming the true information, or, if possible, an entry is made in the work book about the correction of a certain error. In the absence of an employer, the matter can only be resolved in court.
• in court, proving certain facts that cannot be resolved with a simple certificate or entry in the work book.

Correct a mistake in a labor document (in court)

If you have to correct an error in a labor law through legal proceedings, we suggest that you read the pages of our website about disputes on labor and pension issues, or immediately contact our Legal Center for help from specialists.

From October 1, 2019, the applicant himself sends an application with attachments to interested parties

Until October 1, 2021, the plaintiff sent to the court copies of the statement of claim and appendices to it according to the number of defendants and third parties, and the court sent the received documents to all participants in the process named in the claim.

From October 1, 2021, the plaintiff must independently send to other participants in the process a copy of the claim and other documents attached to the claim, and provide confirmation of their sending to the court (clause 6 of Article 132 of the Code of Civil Procedure of the Russian Federation). This rule also applies in special proceedings: the applicant himself is obliged to send interested parties a copy of the application and its attachments.

Error in archived help

There are errors that can be corrected by contacting the archive in person or by proxy from the citizen whose interests are represented. For example, in GUZHA, archival information about the data of a citizen who previously lived at the specified address can be corrected by providing the relevant documents. The same can happen in the registry office. But if, for example, an error was made in the lists of gardeners who privatized the land as common property, this cannot be corrected in the Administration’s archives, you will have to go to court.

If a citizen is not alive, and a mistake prevents his heirs from performing certain actions, this is only a judicial procedure for establishing the facts.

Sample application to court

Application to establish the fact that title documents (with the exception of military documents, passports and certificates issued by civil registry authorities) belong 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:

In _________ district court

Applicant: _________ (full name) address: ______, telephone: ________, email address: _________

Interested person: ________ (name of the body or full name of the person who issued the document) address: ______, telephone: ________, email address: _________

State duty: 300 rubles

Application to establish the fact of ownership of title documents

“__”________ __ year, the applicant ___________ (by whom issued - indicate the authority) was issued title documents for ___________ (specify property), namely: _________ (specify the title document, for example, a certificate of ownership dated "__"________ __ year No. ___ .).

At the same time, the name, and/or patronymic, and/or surname of the person indicated in the specified title document does not coincide with the name, and/or patronymic, and/or surname of the applicant indicated in the passport (or: birth certificate), namely : _________ (indicate any discrepancies).

The applicant’s request from “__”________ ___ to correct the error was not voluntarily satisfied by __________ (specify the authority), citing __________.

The specified document is necessary for ____________.

It is not possible to prove the fact that the Applicant owns the title document - _________ (indicate the title document, for example, a certificate of ownership dated "__"_______ __ year No. __.) - otherwise than through the court.

According to clause 5, part 2, art. 264 of the Civil Procedure Code of the Russian Federation, the court considers cases to establish the fact of ownership of title documents (with the exception of military documents, passports and certificates issued by civil registry authorities) to a person whose name, patronymic or surname indicated in the document does not coincide with the name, patronymic or the surname of this person indicated in the passport or birth certificate.

According to Art. 265 of the Code of Civil Procedure of the Russian Federation, the court establishes facts of legal significance only if it is impossible for the applicant to otherwise obtain the appropriate documents certifying these facts, or if it is impossible to restore lost documents.

Based on the above and guided by Art. Art. 262, 264, 265 Code of Civil Procedure of the Russian Federation, please:

1. establish the fact of ownership of _______ (indicate the title document) dated “___” _______ ___, issued in the name of ___________ (indicate the full name with distortions) to the applicant;

2. oblige the interested person to issue the applicant a title document with a corrected name (and/or patronymic, and/or surname).

Attachments: 1. Notice of delivery or other documents confirming the sending to the interested person of copies of the application and documents attached to it that he does not have. 2. A document of title, the ownership of which is determined by the court. 3. Documents confirming that the title document belongs to the applicant and that the body or person who issued the document does not have the opportunity to make appropriate corrections to it (certificate of liquidation of the body or person or certificate stating that this body or person cannot issue a new document or make corrections to it due to unsafe archival materials, etc.). 4. A document confirming payment of the state duty. 5. Power of attorney of the representative dated “__”_______ ___ city N __ (if the application is signed by the applicant’s representative). 6. Other documents confirming the circumstances on which the applicant bases his claims.

“___”________ ___ Applicant (representative): _________/ Signature ____________/ (Full name)

Procedure and order

How to establish that documents belong to a legal entity if the data in the constituent documents does not correspond?

If it is not possible to establish the ownership of documents to a legal entity in the event of a discrepancy between the data in the constituent documents with the help of the relevant body, then the only option left is a judicial resolution of the issue. Since the defendant in the case will be an enterprise, its consideration falls within the competence of the arbitration court.

Before going to the servants of Themis, you should collect evidence that the documents belong to a legal entity. These include the document itself with shortcomings, as well as those materials that the company submitted to obtain it.

We recommend! Establishing the fact of divorce, what is confirmed in court, what documents + application

If it is difficult for a company to provide them, the court can independently request evidence that the documents belong to a legal entity from the institution where they were previously submitted.

Stipulated state duty

The state duty for a non-property claim against individuals is 300 rubles (Article 333.19 of the Tax Code of the Russian Federation).

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Required Applications

Important! You need to attach documents and documentary evidence:

• Document of title relating to the submitter;
• Documents that confirm the implementation of the pre-trial procedure. They may be: receipts, notification of delivery and inventory, if the applicant used mail;
• Other evidence and the document itself containing the error.

If there is little documentary evidence, you can use oral evidence that will be presented by third parties directly in court.

When the court considers the application, it will make a verdict on the issue, which can be either positive or negative.

If the fact of ownership is established, the submitter will have a chance to resolve the issue. From the moment such a decision is made, he can, attaching an extract from the verdict of the judicial authority to the act, calmly use it.

Correct an error in the contract

In agreements for the purchase of property, in deeds of gift, in privatization agreements (transferring an apartment or room into the ownership of citizens), agreements for shared participation in construction, investment agreements, etc., errors are corrected in different ways:

• for contracts drawn up in simple written form, additional agreements are also drawn up in simple written form (unless a notarial form has become mandatory for such contracts), by the same parties who participated in the main contract. For real estate transactions, such an agreement must subsequently be registered by the Registration Authority (not always necessary). After the death of one of the parties to the contract. will have to go to court;
• for contracts drawn up in notarial form, notarial correction of errors is mainly required, also with the need for further registration;
• Correcting an error in a contract after the death of one or both parties to the contract can only be done in court. Moreover, no corrections can be made to the document itself. It is only possible to establish certain facts or recognize the rights of successors under such agreements.

How to correct errors in other documents

For our lawyers, any procedures for correcting errors are absolutely known and understandable. Citizens may have difficulty taking independent steps to correct errors when:

• determining the authority to contact;
• ignorance or misunderstanding of information for requests or corrections of data;
• searching for an organization in connection with a move, or searching for an archive when liquidating an organization;
• impossibility of establishing the data required to correct errors, etc.

Experience plus various information channels give us the opportunity to solve such problems quickly and efficiently. Contact us for help.