Establishing the fact of registration of birth, adoption, marriage, divorce and death
When considering such a category of cases (subparagraph 3) of the second part of Article 305 of the CPC), the court does not determine the events themselves, but the fact of their registration with the relevant authorities. Such cases are subject to review if such a record has not been preserved in the civil registration authorities and the relevant archives and its restoration is refused. According to paragraph 4 of Article 184 of the KBS, the loss of civil status records must be confirmed by the regional (city) archive of civil status records at the place where the lost record was located. A study of the cases in this category has shown that the courts generally correctly consider such cases. Meanwhile, some judges, in accordance with subparagraph 3) of the second part of Article 305 of the CPC, establish the facts of the birth of a child when there are no grounds for state registration of the birth, which is incorrect.
According to paragraph 4 of Article 187 of the KBS, in the absence of grounds for state registration of a birth specified in paragraph 1 of this article, state registration of the birth of a child is carried out on the basis of a court decision establishing the fact of the birth of a child by this woman. The specified legal fact is subject to establishment on the basis of part 3 of Article 305 of the CPC. I. and P. filed a statement with the court, arguing that on October 12, 2015, I. gave birth to a child at home, did not go to the hospital or polyclinic. The authorized bodies refused to issue a birth certificate (there is no evidence in the case file of the applicants' appeal to the relevant authorities), since there are no medical documents confirming the birth of the child. Based on the above, the applicants requested: to establish the fact of the child's origin and to recognize him as born on October 12, 2015 in the city of Almaty, recording the child's father P., mother I., and to name the child P., born on October 12, 2015. By the decision of the Medeu District Court of Almaty dated March 29, 2016, the application regarding the establishment of the fact of the birth of the child was satisfied. The court established the legal fact of the birth of a male child in Almaty on October 12, 2015, I., born on July 16, 1992. According to some judges, the court had no right to accept and consider such a statement. Meanwhile, as mentioned above, in accordance with paragraph 4 of Article 187 of the KBS, in the absence of grounds for state registration of a birth specified in paragraph 1 of this article, state registration of a child's birth is carried out on the basis of a court decision establishing the fact of the birth of a child by this woman. B. appealed to the court to establish the fact of birth registration. The statement is motivated by the fact that B. (Sh.) was born on January 16, 1936 in the Chernavsky district of the Moscow region. A copy of Sh's birth certificate has been preserved. without a number issued by the Pavlovsky Village Council of the Chernavsky district of the Moscow region. The parents are listed on the birth certificate: father Sh. is German, mother V. is German. The birth certificate is stamped by the Pavlovsky Village Council of the Chernavsky district of the Moscow region, the People's Commissariat of Internal Affairs of the USSR. In 1941, when Sh. was five years old, his parents were deported to the Nurinsky district of the Karaganda region on ethnic grounds. From the age of 16, the applicant worked in a mine, then married B. In 2016, she decided to leave for permanent residence with her daughter in the Russian Federation. Having requested the archive of the Main Directorate of the Registry Office of the Ryazan region of the territorial department of the Miloslavsky district of the Pavlovsky Village Council for the issuance of a birth certificate, I received an answer that there was no birth certificate. Having applied to the office of the akim of Sarani with an application for the restoration of the record of the birth certificate, I received a conclusion on the refusal to restore the record of the birth certificate. Thus, according to the documents available in the case file, the fact of the applicant's birth registration was established.
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