Article 264 of the Code of Civil Procedure of the Russian Federation indicates that if you need to establish facts of legal significance, and life circumstances have developed in such a way that in this situation it is impossible to obtain the proper documents in any way, then the procedure is carried out in court. This includes establishing the fact of residence in a particular place. The problem is relevant if you need to restore your rights violated by the impossibility of registering.
Instructions
Step 1
You need to get a basis for going to court. Therefore, first write a statement addressed to the head of the passport office or local administration. It doesn't even matter where you turn to - both an insurance company and a pension fund management will do. Your task is to get an answer from them in writing, where they will indicate to you that it is impossible to satisfy your request due to the fact that you do not have state registration. When you send your application, attach copies of your actual residence documents with a specific address. This can be a copy of the order or a certificate from the house management, a receipt for payment for an apartment or a certificate of benefits, medical documents. Better at the bottom of the application, indicate in one phrase the circumstances of the lack of registration. What are these tricks for? In order to induce the bureaucratic machine to issue you a response letter with the necessary wording, which will serve as the basis for filing a claim with the court to establish the fact of permanent residence.
Step 2
As an interested person, the passport service of the police or OVIR - the migration service, when it comes to citizenship, is involved.
Step 3
Attach to the application to the court the response of the authority to your appeal that you received by following paragraph one of this instruction, as well as your passport. Collect all sorts of copies of documents proving actual residence. Pay the state duty according to the details that you will receive in court.
Step 4
The court may consider that the documents provided are insufficient. In this case, write a petition to summon your acquaintances, friends or neighbors to the court in order to interview them as witnesses. Do not invite persons who have not personally seen how you live as witnesses, because in this case they will tell a lie. Giving false testimony entails criminal liability, all the more so it is warned about it.
