СООТНОШЕНИЕ ИСКА О ПРИЗНАНИИ НЕДЕЙСТВИТЕЛЬНЫМ АКТА ГРАЖДАНСКОГО СОСТОЯНИЯ И ТРЕБОВАНИЯ ОБ АННУЛИРОВАНИИ АКТОВОЙ ЗАПИСИ

Abstract

The personal non-property and property rights infringed by the entering of the civil act record are considered in the article. The necessity of the research is based on the absence of the proper legal regulation of the contestation and annulment of the civil act record, effected on the basis of the false documents without the required by law will of a person to registration of the act of civil status. There was undertaken the analysis of the law enforcement practice on annulment of act records of birth, death, marriage, divorce as well as of establishment of paternity. There were indicated the criteria for delimitation between invalid and non-effected marriage. There was identified the specificity of the annulment of the civil act record of divorce resulted from judicial and administrative procedures. There was stated the different reactions of courts on fictitious dissolution of marriage. The author comes to conclusion that in the basis of annulment of the civil act basis (being one of the remedies mean) lies the statement on absence of such legal fact as act of civil status. If there is any legal defect in the effected act or it is necessary to overcome a presumption set out in the law, then the other remedy means should be used such as invalidation or contestation of the act of civil status. To protect timely the rights and their effective restoration it was proposed to introduce in the law on acts of civil status the bases for the courts to deliver decisions on annulment of the civil act recordы and to determine the list of persons having the respective right to claim.