Establishing facts of legal importance
The examples of violations of the rules of procedural law given in this summary are indicated insofar as they are allowed only when considering cases of establishing facts of legal significance. The courts have the right to consider cases concerning the establishment of facts of legal significance in a special procedure if:
According to the law (part one of Article 305 of the CPC), such facts give rise to legal consequences (the emergence, modification or termination of personal or property rights of citizens or organizations);
The applicant has no other opportunity to obtain or restore proper documents certifying the fact (Article 306 of the CPC);
The current legislation does not provide for a different (non-judicial) procedure for their establishment (Article 306 of the CPC);
The establishment of a fact is not associated with the subsequent resolution of a dispute on the law under the jurisdiction of the court (part two of Article 304 of the CPC).
The establishment of facts of legal significance In the absence of any of these conditions precludes the satisfaction of the stated claim.
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