Cases on making corrections or changes in civil status records, Cases on applications for notarial acts or refusing to do them - Civil Procedure Law

Cases for making corrections or changes in civil status records

In accordance with paragraph 1 of Art. 71 of the Federal Law on Civil Status Acts & quot; an application for making corrections or changes in the record of the civil status act is submitted for interest.

a person with a face in the body of the registry office at the place of his residence or at the place where the civil status record is kept, subject to correction or modification. The application for making corrections or changes in the record of the civil status act must be considered by the Registry Office within a month from the date of receipt.

The prerequisite for the court to consider the case of making corrections or changes in civil status records is the refusal of the registry offices in the absence of a dispute about the right to make corrections or changes to the records made.

In the application submitted to the court, in accordance with Art. 308 CCP and the explanation given in paragraph 3 of the Resolution of the Plenum of the Supreme Court of the USSR of June 25, 1976 No. 8 "On the application by courts of legislation regulating the incorrectness of civil status records", acting in a part that does not contradict the CCP, :

- what is the wrong recording in the act of civil status?

- in which record of the civil status act and what corrections or changes the applicant requests to make;

- when and which body of the registry office was refused correction or change of the made record;

- what evidence proves the incorrectness of the record.

A copy of the relevant certificate, a statement of the Civil Registry Office about refusal to amend or correct the record and other documents related to this issue are attached to the application.

The decision of the court, which confirmed the incorrectness of the record in the act of civil status, is the basis for making corrections or changes to such a record. As a consequence, the operative part of the judgment must specify which record is incorrect (which agency it was made by, the number and date of recording, with respect to which persons it was composed), what changes or corrections it must make.

Correction or modification to the civil status record is made by the registry office at the place where the record is kept, which must be corrected or changed.

Based on the amended or modified civil status record, the applicant is issued a new certificate of state registration of the civil status act.

Cases on applications for committed notarial actions or on refusal to commit them

In accordance with Part 2 of Art. 310 CIC, the application for notarial acts or refusal to commit them is submitted to the court within ten days from the day when the applicant became aware of the notarial act or the refusal to perform the notarial act.

In considering this category of cases, it is necessary to clarify all the circumstances associated with the passage of the application submission period, including:

- the date of the performance of a notarial act or refusal to commit it;

- the date when the applicant became aware of the notarial action he disputes, or of refusal to commit it;

- the reasons why the applicant appealed to the court after a ten-day period, if that was the case.

If the court determines that the period for appealing the notarial act (refusal to commit it) by the applicant was missed for good reason, he can restore this term and consider the application on the merits.

The application must contain all the necessary data for correct and timely resolution. In it, in addition to information about the applicant, you should indicate:

- the surname, initials of the person who performed the notarial act or refused to perform it, the name of the authority where this person works;

- what notarial action is considered improperly committed or which notarial action is refused;

- the circumstances on which the application is based;

- evidence supporting the circumstances stated in the application;

- information about other interested persons.

In case of refusal to perform the notarial act, along with the application to the court, documents are submitted which, in the applicant's opinion, must be notarized or certified, as well as a decision of a notary or other authorized officer to refuse to perform a notarial act.

In the event of a dispute between interested parties about a right based on the notarial act, it is considered by the court in the order of the proceedings.

The court is obliged to bring to consideration the application for the notarial act or the refusal in its commission of the applicant himself, as well as a notary or an official, depending on who was notarized or refused to perform it.

In case of proper notification of persons participating in the case, about the time and place of the court session, and also in the absence of valid reasons for their failure to appear, the court is entitled to consider the case on its merits in their absence.

The decision of the court, which is satisfied with the application for the notarial act or the refusal to perform it, cancels the perfect notarial act or obliges it to be done.

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