Civil lawyer Establishing the fact of family relations
The fact of kinship (subparagraph 1) of the second part of Article 305 of the CPC) is established in court only in cases where the degree of kinship directly generates legal consequences, for example, if the establishment of such a fact is necessary for the applicant to obtain a certificate of inheritance or to formalize the right to receive survivor's benefits. The establishment of a legal fact of kinship is possible if the appeal to the court is not caused by the presence of incorrect entries in the acts of civil status. Applications submitted in order to prove a kinship relationship in case of inaccuracies in the registration records of the applicant and the person are subject to consideration in accordance with the procedure provided for in Chapter 44 of the CPC. The relevant explanation is given in paragraph 4 of the normative resolution of the Supreme Court of the Republic of Kazakhstan dated June 28, 2002 No. 13 "On judicial practice in cases of establishing facts of legal significance", however, it is not always taken into account by some judges.
Some judges establish the legal fact of a relationship between spouses. According to sub-paragraphs 13) and 36) of Article 1 of the Code of the Republic of Kazakhstan "On Marriage (Matrimony) and Family", close relatives are parents (parent), children, adoptive parents (adoptive parents), adopted children, full- and half-siblings, grandparents, grandchildren, relatives are persons who are in family ties that have common ancestors before great-grandparents. The relationship between spouses is based on an equal union between a man and a woman, concluded with the free and full consent of the parties in accordance with the procedure established by the law of the Republic of Kazakhstan, with the aim of creating a family that generates property and personal non-property rights and obligations between spouses (subparagraph 26 of Article 1 of the KBS). It follows from the above norms that the spouses are not blood relatives, therefore, the application for establishing the fact of kinship between the spouses should be refused. Some courts confuse the content of the concepts of kinship and recognition of paternity, believing that the recognition of paternity by a citizen indicates the existence of a kinship relationship between him and the child. Courts should understand and distinguish between the legal facts of recognition of paternity and kinship relations. The establishment of the fact of kinship relations, as a rule, can take place in cases where relatives cannot confirm this fact by presenting relevant documents. Since the kinship relationship is documented by issuing civil status certificates only between parents and children, and can be traced between brothers, sisters, grandparents, interested persons submitting relevant statements in this category of cases are usually the heirs of subsequent generations, except for the first and second (cousins, uncles, aunts, etc.).
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
