of November 13, 1992 No. 5a
About application by courts of the legislation regulating establishment of abnormalities of civil registrations
Due to the enforcement Family and Civil procedural codes of the Republic of Uzbekistan, and also the questions arising at courts requiring explanation, the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Explain that according to Article 38 of the Civil code, article 228 of the Family code, article 274 of the Code of civil procedure, and also according to the Rules of civil registration approved by the resolution of the Cabinet of Ministers of April 12, 1999 N 171, courts consider applications for establishment of abnormalities of civil registrations if there are primary or recovered records, and also in cases when bodies of the REGISTRY OFFICE to these records make changes in connection with adoption (adoption), paternity proof, change of surname, name, middle name, change of surname of the minor child or when in civil registrations there are essential contradictions.
In the presence of dispute on the right between interested persons the application is considered according to the procedure of claim production.
2. Consideration of the applications about correction of the civil registrations constituted outside the Republic of Uzbekistan is made by body of civil registration at the place of residence of the applicant.
Petitions from citizens of the Republic of Uzbekistan, living abroad, about modification, corrections and amendments in civil registration are considered by consular establishments according to the procedure, stipulated in Clause 203 Family codes and Items 5, of 165 Rules of civil registration.
3. Modification of the blotter about the birth on persons who did not reach sixteen years is made according to the statement of their parents.
Modification of the blotter about the birth, about marriage, about annulment of marriage of persons which reached sixteen years is made according to their statement.
4. The statement of the interested person for establishment of abnormality of civil registration is adopted to production of court at the place of residence of the applicant if the matter was considered by bodies of civil registration and was refused correction or change or amendment of record.
The court considers these cases according to the procedure of production on claims and statements to actions (decisions) of the state and other bodies, and also officials (the Art. 274 GPK).
5. Not only citizens who possess the document of body of civil registration containing mistakes or inaccuracies, but also those their heirs who in connection with the death of the testator have certain rights and obligations can be interested persons on this category of cases.
6. The statement which is filed a lawsuit shall contain data: to what record of the act of civil status and what corrections or changes or additions the applicant asks to make; by what proofs abnormality of record is confirmed. The copy of the appropriate certificate, the conclusion of body of civil registration about refusal in change or correction or amendment of record and other documents relating to the matter join the statement.
7. By preparation of case for legal proceedings the court renders them assistance in collecting of necessary written proofs if the applicant has no opportunity to provide them including from bodies of civil registration. For review the materials which formed the basis for recovery of record or about refusal in change or correction or amendment of record can be requested. At the same time the court resolves question of attraction as persons participating in case, department of civil registration, other interested organizations and citizens.
8. If in case of adoption of the statement to production of court or consideration according to the procedure of special proceeding of case on establishment of abnormality of record of the act of civil status it is found out that there is dispute on the right subordinated to courts (about inheritance, the property right, etc.), the judge refuses adoption of the statement or leaves the statement without consideration and explains to interested persons that they have the right to make the claim in accordance with general practice.
In such cases the question of correction or change or amendment of civil registrations is solved court in claim production along with permission of the declared claim.
9. In the presence of the written and other proofs confirming abnormality of the data on age specified in the recovered birth statement court cancels recovery of civil registration.
10. The court has the right to consider also question of entering of corrections into the birth record of the applicant if in it data on nationality of his parents are missed or the wrong data on it are included.
11. The question of cancellation of primary records of acts of civil status is resolved by court, except for cancellations of record about annulment of marriage in case of appearance of the spouse, acknowledged is unknown absent.
The recovered or repeatedly constituted records in case primary records are found, are cancelled by court or bodies of civil registration according to the procedure, established by the current legislation. If cancellation of records is connected with dispute on the right - case is considered by court according to the procedure of claim production.
12. Meaning that changes or corrections or amendments bring bodies of the REGISTRY OFFICE in civil registrations according to the judgment, in substantive provisions of the decision it shall be specified what record is wrong (by what body of civil registration it is made, number and date of record concerning what persons it is constituted) what changes or corrections or additions it is necessary to make to it.
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