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2.3. Paternity proof as the juridical fact - action

In SK the Russian Federation is provided compulsion of an establishment as mateyorinstva, and paternity. In the given work paternity proof ponimayoetsja as the juridical fact which is coming under obligatory state reyogistratsii, influencing a civil condition of the child, in the relation kotoyorogo is established paternity, and the father owing to occurrence roditelyoskogo legal relations between the father and the child.

It also it is possible rassmatyorivat as institute of the family law and as a way of protection of the rights of the child. In the first case it is the body of legal rules, regulating otnosheyonija, origins of the child arising in connection with an establishment, in vtoyorom - the measure directed on restoration (recognition) broken (ospo-rennyh) of the rights of the child.

The family legislation of the Russian Federation provides paternity proof in administrative and the legal process. In adminiyostrativnom an order the paternity is established on the basis of the joint statement not consisting among themselves in marriage of the father and mother of the child (item 3 of item 48 SK the Russian Federation). It is possible to tell, that the paternity in this case is established in a voluntary order. In judicial (compulsory) - at a birth reyobenka at the parents who are not married among themselves, and at absence soyovmestnogo statements of parents or the statement of the father of the child (item 49 SK the Russian Federation).

The state registration of paternity proof is carried out not only on the basis of joint statement of the father and mother of the child, not soyostojashchih among themselves in marriage at the moment of a birth of the child, but also according to the decree about paternity proof or about finding of fact at -

239

Alzheva origins of children / N.I.Alzheva//Is prepared by N.I.establishment for Union of Right Forces «KonYOsul tantpljus», 2007.

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Knowledge of the paternity which has entered validity, and also according to the statement for paternity proof of the father of the child who is not married to mother of the child at the moment of a birth of the child, in case of death of mother, its recognition incapacitated, absence of data on a place of stay of mother or lisheyonija its parental rights, and also in the presence of the consent of body of guardianship and poyopechitelstva (item 48 item, 51 Laws on certificates of registration).

The paternity can be established and on the basis of a judgement on paternity finding of fact. Similar it is possible in case of death predyopolagaemogo the father. In practice some departments of the REGISTRY OFFICE refuse proyoizvodit registration of the given fact because of absence in the list of the bases for registration of the paternity proof, provided in item 48 of the Law on certificates of registration, decrees about finding of fact otyotsovstva. So, the decision of the Azov city court from November, 3rd, 2010 on zayojavleniju L.E.V. The juridical fact of paternity died E.V has been established. L.E.V. Has specified, that has given in the REGISTRY OFFICE of of Azov of a copy of data judicial akyotov and the statement in which asked to make changes to assembly record about royozhdenii its child regarding instructions his father L.Izveshcheniem of the head of a department of the REGISTRY OFFICE of of Azov from January, 14th 2011г.

To it it has been given up in satisfaction of the given request. L.E.V. Has addressed in court with the statement in which asked to recognise as wrongful refusal of the head of a department of the REGISTRY OFFICE in fulfilment of the registration actions following from a judgement, and to oblige the responsible person to make necessary registration actions-specify as the father of child L.E.V. The head of a department of the REGISTRY OFFICE of of Azov K.L.B. Believed, that general jurisdiction courts she has not the right to establish juriyodichesky the paternity fact, the opinion concerning impossibility osushcheyostvlenija registration of the considered juridical fact motiviroyovala positions of the item of item 49, 50 SK the Russian Federation, item 48 of the Law on certificates of registration. Having considered arguments of the parties, the court has come to conclusion about udovletvoreyonii requirements of declarant L.E.V. Also has obliged a department of the REGISTRY OFFICE of of Azov soveryoshit record about paternity proof, to make necessary changes in

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Arguments the court has explained a birth statement of child L.Svoi to that in soyootvetstvii from item 264 GPK the Russian Federation, the court has the right to establish not only the fact of a recognition of paternity, but also other facts having the jural significance. The fact of a recognition of paternity can be established court only when by the moment of a birth of the child its prospective father was live. To recognise paternity concerning yet not born child his father can, poyoskolku not born person does not possess the legal capacity. In a case smeryoti the father till a birth of the child court as special proceeding the paternity juridical fact can be established. The specified conclusions podtveryozhdajutsja item 5 of the Decision of Plenum of the Supreme Court of the Russian Federation from October, 25th, 1996 № 9 «About application by vessels of the Family code of the Russian Federation at disposal of legal proceeding about paternity proof and collecting of the alimony» 240. Item 49 SK the Russian Federation, the item 48 Laws on certificates of registration cannot be interpreted as not poyozvoljajushchie to court on their basis to filiate by ustanovleyonija the fact of paternity as special proceeding. Opposite interpretation actually would enter a full interdiction for a reference to the court behind paternity proof in the absence of issue in law in the event that, for example, rebeyonok was born after death of the prospective father to which at all was not izyovestno about conception of the child by mother as the claim to declare it is impossible (is not present spoyora about the right) and it is impossible to hand in the statement for recognition finding of fact otyotsovstva (the father to death had nobody to recognise as the child).

Court conclusions are quite logical and obosnovanny, but similar cases could be avoided, if item 48 of the Law on certificates civil soyostojanija named the bases for state registrayotsii paternity proof more particularly. For example, in the Family code of Ukraine to is given th question separate article 130.v is devoted communication with stated schi -

240 RG.-1996.-5 November.

241 See: the Decision of the Azov city court of the Rostov area from January, 26th, 2011 № 2-433 [ElekYO a throne resource] (the Document has not been published)//URL: http://azovsky.ros.sudrf.ru/modules.php? name=bsr&op=show_text&srv_num = 1 &id=6160009 P 0 \26165913703100 0089266269841000029024 (reference date: on May, 5th, 2012).

242 Family code of Ukraine from January, 10th, 2002 № 2947—III. - Kharkov: Open Company "Odysseus", 2010. - With. 38.

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We thaw expedient to include in the list of the bases for the state registration of the paternity proof, fixed in item 48 of the Law on certificates of registration, such basis, as the decree about the paternity finding of fact, entered validity.

The family legislation of the Russian Federation establishes preyozumptsiju paternity, in this connection the father of the child born in marriage, priyoznaetsja spouses of mother if other (item 2 of item 48 SK the Russian Federation) is not proved. Even if mother of the child insists, that the father is other person (not the husband), its opinion at entering of data on the father will not be considered. A.A.Eliseevoj expresses opinion on necessity of fastening in SK the Russian Federation the rights biologicheyoskogo the father on record on its paternity body of the REGISTRY OFFICE in case of absence of dispute from mother and it супруга243. To L.B.Maksimovich and T.V.hornet offer a competition of norms (item 2 and 3 items 48 SK the Russian Federation), fixing preyozumptsiju paternity and giving to the person who is not married with mateyorju of the child, the right to paternity proof to resolve individually taking into account concrete vital realities, by means of individually-situational regulation, thus, if mother of the child is married, for paternity proof it is necessary to receive the written approval supyoruga mothers ребенка2. The resulted positions do not answer to the full inyoteresam the child as education of the kid in polnoyotsennoj to a family in love and mutual respect would be optimum, differently it turns out, that he will live in a family of another's person, and its biological father becomes the coming daddy that should be reflected in an emotional condition of the child. Besides, if to assume, that the woman does not live for a long time already with the spouse, does not support with it any relations and knows nothing about its destiny who then should agree to paternity proof.

Yeliseyev A.A.legal regulation of personal non-property relations in the family law of the Russian Federation: Diss.... kand. jurid. Sciences / A.A.Yeliseyev. - M: the Russian state social university, 2008. - With. 95.

Maksimovich L.B.presumption of paternity: the legislation and application practice / L.B.MaksiYomovich, T.V.hornet//Laws of Russia: experience, the analysis, practice. - 2009. - № 11. - with. 93.

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Let's give an example from judiciary practice: K has addressed in court to L with isyokom about paternity proof, record cancellation about the father of child D and modification of record of the certificate of registration about a birth reyobenka A, having specified K the father of the given child. From business materials followed, that K with respondent L leads home life without a marriage since 1999. Actually since same time L has ceased marital relationships with husband D, but marriage between them has been terminated only on December, 17th, 2009 In June, 2009 at K and L the joint child A by which father has been written down D as at the moment of a birth of child D was spouse L.Krome A was born, K and L bring up also other joint child - son F, on December, 24th, 2000 the births by which father the claimant is officially recognised.

Now children live together with claimant and the respondent who together are engaged in education and the maintenance of children, and also since 1999 lead a joint economy. In May, 2000 the former spouse otyovetchika has left in republic Kazakhstan, has created a new family and since then in N-sky the area where lives L, never came, communication with the respondent does not support. Following the results of a legal investigation the court has passed the decision about udovleyotvorenii declared требований245. It is easy to present, in what difficult situation it would appear respondent L if on paternity proof it should receive the consent of actually former husband with which they do not support any relations and about its destiny to it of anything neizvestyono, after all as follows from business materials, the paternity concerning the first soyovmestnogo with the claimant of the child has been established during this period, when L nahoyodilas in yet not terminated marriage with D.

Thereupon we consider quite justified the legislative approach to an establishment of a presumption of the paternity, fixed in item 2 of item 48 SK the Russian Federation. Thus we will pay attention to a question on record by the father of the spouse (the former spouse) of mother if the child was born within three hundred days since the moment

See: Decision N-skogo of regional court of the Amur region from August, 19th, 2010 on business №2-241/the South. [An electronic resource] (the Document has not been published)//URL:http://www.gcourts.ru/case/2241987 (date obyorashchenija: on May, 5th, 2012).

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Divorce, its recognitions void or from the moment of death of the spouse of mother of the child if other (item 2 of item 48 SK the Russian Federation) is not proved. The given norm sends the Russian Federation which is devoted contest of paternity (motherhood) judicially to item 52 SK. From the formulation of item 2 of item 48 SK the Russian Federation not soyovsem it is clear how to arrive to REGISTRY OFFICE bodies at birth registration reyobenka if besides the statement for a birth to them the statement about ustayonovlenii paternity from the woman who have given birth to the child within three hundred days from the moment of divorce arrives, its recognitions void or from the moment of death of the spouse, and the biological father of the kid who is not and not javljavyoshegosja her spouse. Whether to consider, what a phrase «if other is not proved» from item 2 of item 48 SK the Russian Federation means giving of such statement? In practice and proyoishodit though accurate instructions of the legislator on this question are not present.

Other variant of the decision is offered in an Ukrainian language family zakonodayotelstve. In item 3 of item 122 of the Family code of Ukraine it is directly fixed: « Spouses, and also the wife and the husband, marriage between which is ceased, in case of a birth of the child before the expiration of ten months after the termination of their marriage, have the right to submit to body of the state registration of certificates grazhdanskoyogo conditions the joint statement on non-recognition of the husband (the former husband) otyotsom the child. Such requirement can be satisfied only in a case poyodachi by other person and mother of the child of the statement for a paternity recognition. EsYOli the child was born before the expiration of ten months from the date of the termination of marriage owing to death of the husband, the origin of the child from the father can be opreyodeleno on joint statement of mother and the man considering otyotsom ». The Republic Kazakhstan legislation also fixes vozmozhyonost to establish paternity administratively in case reyobenok was born at the persons who are not consisting among themselves in marriage, and after prekrashcheyonija or annulments of the previous marriage of mother of the child

The family code of Ukraine from January, 10th, 2002 № 2947 III. - Kharkov: Open Company "Odysseus", 2010.-With. 36.

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Has passed less than 270 days (item 46 of the Law of Republic Kazakhstan from December, 17th, 1998 № 321 «About marriage and a family» 247).

We believe, that in SK the Russian Federation it is necessary to define more particularly vozyomozhnosti biological parents in case of a birth of the child within three hundred days from the moment of divorce, its recognition void or from the moment of death of the spouse of mother of the child. Namely to accord a right to the actual father to demand paternity proof in the general order, miyonuja difficult procedure of judicial contest of paternity, in that case, esyoli the father REGISTRY OFFICE bodies will write down the former or died husband of mother reyobenka. A.A.Yeliseyev addressing in the researches to a problem zapiyosi by the father of the spouse or the former spouse, not being that, supports declaration of priority value of the fact of an origin of the child from certain persons, instead of a statutory presumption отцовства248. It is possible to agree with conclusions of the named author only in a part when it is a question of a presumption of paternity of the spouse (the former spouse) if the child royodilsja within three hundred days from the moment of divorce, its recognitions void or from the moment of death of the spouse of mother of the child. In other cases (when the child is born at the woman who are married) by the father the spouse of mother of the child should be recognised. For protection of interests and bioyologicheskih parents, and interests of the child we suggest item 2 of item 48 SK the Russian Federation to formulate so: If the child was born from the persons who are married among themselves, the father of the child the spouse of mother admits. If the child was born in teyochenie three hundred days from the moment of divorce, its recognition nedejstviyotelnym or from the moment of death of the spouse of mother of the child, the father of the child priyoznaetsja the spouse (the former spouse) mothers if from mother of the child and the man considering with the father of the child, the statement for paternity proof has not arrived.

URL: http://www.minjust.kz/ru/node/984 (reference date: on May, 5th, 2012).

Yeliseyev A.A.legal regulation of personal non-property relations in the family law of the Russian Federation: Diss.... kand. jurid. Sciences / A.A.Yeliseyev. - M: the Russian state social university, 2008. - With. 184.

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As the recognition of the father is very responsible step, sootyovetstvenno, the man should do it osoznanno, therefore the incapacitated person (no less than its trustee) has not the right to demand to recognise as his father poyodobnym in the image. And though in the legislation of the Russian Federation naprjayomuju about it it is spoken nothing, but interpretation of norms GK the Russian Federation concerning civil capacity allows to come to the given conclusion. PriznaYOnie the man ogranichenno the capable does not deprive of its right to become rodiyotelem by means of paternity proof procedure. M.V.Antokolskaja, L.M.Pchelintseva, agreeing with opinion of the legislator, explain, that ograyonichenie capacity does not stir to a paternity recognition as the given certificate does not mention property sphere ogranichenno capable liyotsa. With such position all jurists agree far not. N.I. Alzheva aryogumentiruet the conclusion about impossibility ogranichenno capable to demand paternity proof before restoration by court of full capacity by that it not in a condition in full to carry out the parental duties on education and the maintenance of the child both property, and non-property character. We will remind, that ogranichenno the capable can is independent make only small household transactions, make other transactions, and also receive earnings, pension and other incomes and raspoyorjazhatsja them it has the right only with the consent of the trustee (item 1 of item 30 GK the Russian Federation). poyoetomu we dare to assume, that if such citizen has stable zayorabotok, for example, in the form of pension interests of the child hardly will be ushchemyoleny as for special disability it cannot rashoyodovat the incomes without the consent of the trustee. And here if earnings are not present and otyosutstvujut attempts it to receive, the citizen is characterised negatively, is an obvious burden for the family such man really cannot is high-grade to carry out a role of the father as in legal understanding, so

249 Antokolsky: the Textbook / M.V.Antokolskaja. - M: JUrist, 2004. - With. 174; Pchelintseva L.M.Semejnoe the right of Russia. - M: NORM, 2003. - С.245.

250 Alzheva by N.I.establishment of an origin of children / N.I.Alzheva//It is prepared for Union of Right Forces «the Adviser Plus», 2007.

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And in the social. For example, the legislation of Germany so solves the given problem: that to the man limited in capacity to establish otyotsovstvo, it is necessary to receive the consent of its legal representative and razyoreshenie a tutorial court (paragraph 2 § 1728 Civil codes of Germany). The Civil code of the Lithuanian Republic allocates popechiyotelej ogranichenno the capable man with the right to challenge its decision on a paternity recognition judicially (ch. 3 items 3.145 Civil kodekyosa Lithuanian Республики252).

It is represented, that the question on paternity proof in the relation ogranichenno capable should dare court taking into account interests reyobenka as the paternity can stimulate to refusal of alcohol and narkoyotikov and to returning by a normal life, at the same time, the father, suffering alcoholic, narcotic dependence, is hardly probable capable to consult with the parental duties (legal, social).

Let's pay attention, that the man can and not be the biological father of the child, for example, it voluntary goes on this conscious step or such is possible owing to application of a method artificial oplodotvoyorenija or embryo implantations (item 4 of item 51 SK the Russian Federation). From the moment of fulfilment of registration of paternity proof the man cannot refuse the act any more, it has only a right to challenge the paternity (item 52 SK the Russian Federation), for example, when it suddenly will know that it is not the biological father of the child. However, it does not concern cases when in moyoment records of paternity the man possessed the information that it not fakyotichesky the father of the child (item 2 of item 52 SK the Russian Federation) and also when it is a question about primeyonenii a method of artificial fertilisation or embryo implantation (item 3 of item 52 SK the Russian Federation).

251 German right. A part I. The Civil code / the Lane with it. A.A.Lgounov, N.B.Shelenkova, N.G.Eliseev; the Scientific editor professor V.V.Zalessky. — M: the international centre of financially - economic development, 1996. - With. 364.

252 Civil code of the Lithuanian Republic from July, 18th, 2000 № V1II-1964 [the Electronic resource]//URL: http://www.minjust.ru/common/img/upIoaded/docs/Semeynoej> ravo_Litvy_l.doc (reference date: on July, 3rd, 2012).

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KoBS RSFSR 1969 also contained norm (item 59) which are not allowing the man, recognised the father, to challenge paternity if during the moment zayopisi the certificate of registration about paternity proof to it was izyovestno, that between it and the child there are no blood relations. To S.J.Palastina nazyyovala the applicants knowing about an actual origin of the child from other person, meaningly selecting the inadequate legal form, narushiteyoljami the law establishing the different bases of acquisition of the rights give birth-teljami also adoptive fathers. If the men who have incurred burden ottsovstyova, - violators of law, means, for them this original punishment that they have arrived not according to rules of law, having avoided the long and labour-consuming procedure of adoption comprehensible in similar cases. BezYOuslovno, such position of legislators most is equitable to interests of the child.

Judiciary practice testifies that even if a family raspayolas and the father lives separately from the child, at the man all the same is not present pravoyovyh the bases for refusal of the act (speech does not go about cases when record has been made on motives of infringement of will (for example if the statement for paternity proof has been submitted under the influence of threats, violence or in a condition when the claimant was not capable to understand value of the actions or to supervise over them)) 254. So, B.G. Has addressed in court with treboyovaniem to cancel record about paternity proof in the relation nesoyovershennoletnej daughters of the respondent of N.V. From business materials was ustanovyoleno, that the claimant has married N.V., having the daughter. As between them there were very warm relations, B.G. Has wished legally priyoznat the girl the native daughter. With this question they with the wife and obrayotilis in the REGISTRY OFFICE. Further the matrimonial life has not developed, a family of races -

Palastina S.JA.bas of occurrence of the parental rights and duties / S.J.Palastina//Jurisprudence. - 1973. - № 6. - with. 50.

The decision of Plenum of the Supreme Court of the Russian Federation from October, 25th, 1996 № 9 «About application by vessels of the Family code of the Russian Federation at disposal of legal proceeding about paternity proof and collecting of the alimony»//РГ.-1996. - on November, 5th.

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It was fell. By the decision of Krasnoarmejsky regional court of the Volgograd area in the claim it has been given up.

Paternity proof is possible at any time after a birth reyobenka and before its majority, as an establishment otyotsovstva concerning the person who have reached by day of a filing of application of 18 years, doyopuskaetsja only from its consent, in case of its recognition incapacitated neyoobhodimo the consent of its trustee or guardianship body (item 4 of item 48 SK the Russian Federation). The specified norm does not extend on emancipated neyosovershennoletnih or 18 years which have married before achievement, that, in our opinion, it is not quite fair in relation to them. It turns out, that such persons in civil law possess full capacity and bear otvetyostvennost under the obligations independently that it is impossible skayozat about the family law.

It is necessary to agree with opinion of those authors which see neobhodiyomost in reception of the consent to paternity proof and nesovershennoletyonih, declared emancipated or got full deespo-sobnost on other bases.

Frequently fatherly feelings wake up, when the man knows, that at its child all in a life develops safely, he has already achieved any positive results in work, is financially independent and do not require someone's help. As a rule, it occurs after achievement of 18-year-old age, but sometimes and the minor becomes financially independent of the parents. It is possible, when it works on trudoyovomu to the contract or is engaged in enterprise activity. In this case the law supposes the announcement of the minor who has reached of 16 years,

255Решение the Krasnoarmejsky regional court of the Volgograd area from December, 14th, 2010 № 2 5530/2010 [the Electronic resource] (the Document has not been published)//URL:

http://laasn.vol.sudrf.ru/modules.php? name=bsr&op=showjext&srv_num=l&id=346000410122116293867110000 99656 (reference date: on July, 27th, 2012).

See: n about paternity proof / J.Bespalov//the Russian justice. - 2000. - № 6. - with. 27; Alzheva origins of children / N.I.Alzheva//Is prepared by N.I.establishment for Union of Right Forces «the Adviser Plus», 2007; Levushkin A.N.question of the theory and practice of paternity proof (motherhood) judicially under the legislation of the Russian Federation / A.N.Levushkin//the Lawyer. - 2011. - № 9. - with. 25.

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Completely capable (item 27 GK the Russian Federation). Or in a case when the law dopusyokaetsja the introduction into marriage before achievement of 18 years, the citizen who has not reached 18-year-old age, gets capacity in full from an effective date in marriage (item 2 of item 21 GK the Russian Federation). In this connection it is represented, that seyomejnoe the legislation of the Russian Federation should be added by norm, obespechivajuyoshchej paternity proof concerning the minor who has become completely capable before achievement of 18 years, only from its consent. NaYOprimer, item 362 of the Civil code of Brazil though does not provide reception of the consent of the child on paternity proof concerning it, but gives possibility before attainment of majority to challenge otyotsovstvo within four years in case of the announcement of the minor эмансипированным257.

Summing up to all aforesaid concerning the fact ustanovleyonija paternity, we will note:

1. Paternity proof is understood as the juridical fact, podlezhayoshchy the obligatory state registration, influencing a civil condition of the child in which relation the paternity is established, and father owing to occurrence of parental legal relation between the father and the child.

2. For bar of claim by lapse of time of refusal of bodies of the REGISTRY OFFICE in paternity proof registration on motive of absence in the list of the bases for registration ustayonovlenija the paternity, provided in item 48 of the Law on certificates of registration, a judgement on paternity finding of fact, we suggest to include in the list of item 48 of the Law on certificates of registration such basis, as the decree about the paternity finding of fact, entered validity.

3. We believe, that the possibilities of biological parents fixed in SK the Russian Federation, should be expanded, owing to what we suggest item 2 of item 48 SK the Russian Federation to formulate so: If the child was born from the persons who are married

257URL: http://www.artlibrary2007.narod.ru/gukodeksi.html (reference date: on May, 5th, 2012).

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Among themselves, the father of the child the spouse of mother admits. If the child rodilyosja within three hundred days from the moment of divorce, its recognition neyodejstvitelnym or from the moment of death of the spouse of mother of the child, the father rebenyoka admits the spouse (the former spouse) to mother if from mother of the child and the man considering with the father of the child, the statement about ustayonovlenii paternity has not arrived.

4. The question on paternity proof if the man is ogranichenno capable Is represented, that, should dare court.

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A source: JURCHENKO Oksana Jurevna. CERTIFICATES OF REGISTRATION AS JURIDICHESKYE THE FACTS IN CIVIL LAW. THE DISSERTATION On competition of a scientific degree of the master of laws Belgorod - 2012. 2012

More on topic 2.3. Paternity proof as the juridical fact - action:

  1. 2.2. Divorce as the juridical fact - action
  2. 2.1. The Marriage as the juridical fact - action
  3. 2.4. Name change as the juridical fact - action
  4. §4. Finding of fact of a recognition of paternity
  5. 2.5. Adoption (udocherenie) as the juridical fact - action
  6. 1.1. Concept of the juridical fact.
  7. Chapter 1. The Juridical fact and legal structure
  8. POLISCHUK NIKOLAY IVANOVICH. EVOLUTION And the CONDITION of theoretical model INTERRELATIONS of the RULE OF LAW, LEGAL RELATION And the JURIDICAL FACT. The DISSERTATION on competition of a scientific degree of the doctor of juridical science. St.-Petersburg - 2008, 2008
  9. 3.2. Death of the citizen as the juridical fact - event
  10. Death as the juridical fact and the basis of the termination of the criminal liability
  11. 3.1. A birth as the juridical fact - event
  12. § 3. Structure of theoretical model of interrelation of the rule of law, legal relation and the juridical fact
  13. § 3. The juridical fact theory sui generis
  14. CHAPTER 1. THEORY OF LAW ABOUT THE JURIDICAL FACT
  15. 1.3. A judgement role as juridical fact in the legal regulation mechanism
  16. § 1.3.5. A foreignjudgement as the juridical fact (derivative consequences of a foreign judgement).
  17. CHAPTER 2. THEORETICAL PROBLEMS OF THE PARITY OF THE RULE OF LAW, LEGAL OTNOSHENJA AND THE JURIDICAL FACT
  18. § 2. Evolution of the maintenance of theoretical model of interrelation of the rule of law, legal relation and the juridical fact
  19. § 3. Accompanying elements of theoretical model of interrelation of the rule of law, legal relation and the juridical fact