Can a court establish the residence address?

It should be noted that the list of cases concerning the establishment in court of separate facts is provided by the Civil Procedural Code of Ukraine (Part 1 of Article 315 of the Civil Code of Ukraine). Among them are the following facts:

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1) family relations;

2) the presence of physical persons on maintenance;

3) injuries (for the purpose of granting a pension or receiving assistance);

4) registration of marriage, dissolution of marriage, adoption;

5) residence by one family without a marriage;

6) the belonging of the title documents to a person if his / her name, place or date of birth indicated in the document do not coincide with the data indicated on the birth certificate or in the passport;

7) the date of birth of the person (in case of impossibility of registration by the state registration body of acts of civil status);

8) death of a person at a certain time in case of impossibility of registration by the body of state registration of acts of civil status;

9) the death of a person who has disappeared in circumstances which give grounds to consider him to be dead.

However, part. 2 of the article mentioned that other facts that are relevant for the emergence, change or termination of personal or property rights of individuals may be established with the help of a court, unless otherwise provided by law in another procedure for their establishment.

By the way, the same norm was contained in Part 2 of Art. 256 of the previous edition of the Civil Procedural Code of Ukraine.

Thus, we can conclude that the list of legal facts for the establishment in a court is not exhaustive and is subject to an expanded interpretation.

In particular, the question whether the court can establish the fact of residence of a person on the territory of Ukraine has recently been considered by the courts of Ukraine.

In the circumstances of the case the person appealed to the court in order to establish the legal fact of his father's stay in Ukraine (this fact was necessary for the registration of citizenship of Ukraine).

The court of first instance, die to the fact was proved, satisfied the application and established the fact of permanent residence in Ukraine of the father's person.

At the same time, the appellate court quashed the decision of the court of first instance on the grounds that the establishment of such a legal fact is not provided by the Criminal Procedure Code, and the applicant first had to apply to the Office of the State Migration Service of Ukraine.

Nevertheless, the Supreme Court has upheld the decision of the court of first instance, having emphasized that the facts on which the emergence, change or termination of personal or property rights of individuals may depend may be established by a court. This in particular includes the fact of permanent residence on the territory of Ukraine (the ruling of 08.22.2018 in the case № 363/214/17-ts). 

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