General provisions (code of civil procedure of RSFSR) of
Chapter 26. General provisions
Article 245. The cases considered by court as special production
belong To the cases considered by court as special production affairs:
- about establishment of the facts having legal value;
- about recognition of the citizen it is unknown absent and about the announcement of the citizen the dead; by
- about recognition of the citizen it is limited capable and incapacitated;
- about establishment of adoption (adoption) of the child; (chapter 291 is entered by the Federal law from 21. 08. 96 N 124 - Federal Law)
- about recognition of property ownerless;
- about establishment of abnormalities of entries in books of acts of civil status;
- according to complaints to notarial actions or to refusal in their commission;
- about restoration of the rights according to the lost documents to bearer (calling production).
Article 246. An order of hearing of cases of special production
Cases of special production are considered by vessels by rules of the present Code with those withdrawals and additions which are established by the legislation of USSR and chapters 27 - 33 presents of the Code.
the court considers Cases of special production with participation of the applicant and the interested citizens, state bodies, the state enterprises, establishments, the organizations, collective farms, other cooperative organizations, their associations, other public organizations.the Comment
At adoption by interested persons and the third parties can act as
: parents of the adopted child, the child who reached 10 years body of guardianship and guardianship, establishment in which there is a child, the trustee and other his lawful representatives.
By preparation of business for hearing, the judge resolves an issue of attraction to participation in business of the child who reached 10 years, parents of the child, other his relatives, representatives of institution in whom there is a child, any other persons and representatives of institutions in order that the issue of adoption was resolved with the maximum accounting of interests of the child. In difficult cases if the court needs to interrogate the child directly during a meeting, the judge finds out opinion about it of body of guardianship and approves procedure of a call and poll of the child taking into account requirements of St. 137 GPK.
If when considering the case as special production the dispute on the right subordinated to vessels arises, the court leaves the statement without consideration and explains to interested persons that they have the right to make the claim in accordance with general practice.
of Business, listed in article 245 of the present Code, except cases of recognition of the citizen it is limited capable or incapacitated, are considered by the judge individually. (in an edition. The decree of Presidium of VS RSFSR from 01. 08. 80 - Sheets of VS RSFSR, 1980, N 32, Art. 987; The Act of the Russian Federation from 29. 05. 92 N 2869 - 1).
Chapter 27. Establishment of the facts having legal value
Article 247. The cases of establishment of the facts having legal value, considered by court
the Court establishes the facts on which emergence, change or the termination of personal or property rights of citizens or the organizations depends.
the Court considers cases of establishment:
- of the related relations of persons;
- of the fact of finding of the person in dependence;
- of the fact of registration of the birth, adoption, marriage, divorce and death;
- of the fact of a state in the actual marriage relations in established by the law cases if registration of marriage in bodies of civil registration cannot be made owing to death of one of spouses;
- of the fact of accessory of documents of title (except for party, Komsomol, trade-union tickets, military documents, the passport and certificates granted by bodies of civil registration) to the person, the name, a middle name or a surname of which specified in the document do not coincide with a name, a middle name or a surname of this person according to the passport or the birth certificate;
- of the fact of possession of a structure on the property right;
- of the fact of accident;
- of the fact of death of the person in certain time and under certain circumstances at refusal of bodies of civil registration in registration of an event of death;
- of the fact of acceptance of inheritance and place of discovery of inheritance;
- of other facts, having legal value if the legislation did not provide other order of their establishment.
Article 248. The conditions necessary for establishment of the facts having legal value
the Court establishes the facts having legal value only at impossibility of receiving by the applicant in other order of the appropriate documents certifying these facts, or at impossibility of recovery of the lost documents.
Article 249. Filing of applicationare filed a lawsuit by
of the Statement on cases of establishment of the facts having legal value at the place of residence of the applicant, except for the statement for establishment of the fact of possession of a structure on the property right which is filed a lawsuit in the structure location.
Article 250. The contents of the statementhave to be specified by
In the statement for what purpose the applicant needs to establish this fact, and also the proofs confirming impossibility of obtaining appropriate documents by the applicant or impossibility of recovery of the lost documents have to be provided.
Article 251. The judgment according to the statementthe Judgment about establishment of the fact which is subject to registration in bodies of civil registration or to registration in other bodies forms
the basis for such registration or registration, without replacing with itself the documents issued by these bodies.