Correction of errors in official documents

Despite the fact that the preparation and issuance of official documents is a responsible and difficult sphere, in it, like any other activity, it is impossible to completely exclude the human factor. One redundant or, conversely, missing letter can cause a number of problems for the owner of the document. First, there may be difficulties when it is necessary to confirm the identity. Or – a person cannot prove that it is he who owns the rights to which a certain document should open access.

For example, it happens when there is an inaccuracy in the heir’s surname, which complicates the process of receiving an inheritance. We offer to learn more about the procedure for correcting errors in official documents, as well as how the services of the Prіkhodko&Partners attorney’s office will be useful in this.

What are common errors?

Errors in documents sometimes happen in any area where document circulation is conducted. However, some such phenomena are especially common. For example, many errors can be found in those documents that were issued before 2000. We are talking about the names and surnames of persons where errors occurred as a result of their incorrect translation into Ukrainian when replacing passports. When a person only receives such a document with an error, he may not attach sufficient seriousness to the problem. However, subsequently, difficulties may arise in the following issues: obtaining a certificate

• confirming the right to inheritance;
• pension recalculation;
• registration of ownership of real estate in the State Register of Rights to Real Estate.

So, if you find errors in your own documents or those of your children, you should immediately take care of their correction. You should not wait for the moment when these mistakes become an obstacle to the realization of your rights provided by the legislation.

What are the ways to eliminate errors in documents?

There are 2 options for correcting errors in documents:

1. administrative (or extrajudicial) way;
2. judicial method.

In the first instance, the applicant applies to the authority that issued the document. He submits an appropriate statement and evidence that a mistake has been made in the document. When the judicial method is used, the document belongs to a specific person.

It is clear that the extrajudicial method is much simpler. For example, a person adds to the application the primary legal document, on the basis of which the second document was issued, containing an error. Therefore, the officials of the body, due to which the error was made in the document, must correct it.

When is it necessary to go to court?

There are situations when the use of an extrajudicial method of correcting errors in documents is impossible. These are the following cases:

• the body that issued the document was liquidated;
• the body where the archival registration file is located does not have the powers necessary to correct errors in official documents.

Therefore, here the only way to influence the situation provided for by law is to apply to the court with a statement regarding the establishment of a fact that has legal significance.

Example of a relevant case

Let’s imagine a pensioner who, in order to recalculate his pension, needs an archival certificate to confirm a certain period of work. He needs to prove that one of the segments of his work experience fell on work in harmful or dangerous conditions. However, in the archival certificate confirming such experience, the person is recorded as Yevgen, and in the passport – as Yevgeny. So the pensioner will face a refusal from the authorized state body that is supposed to recalculate pensions.

Given that the error in the document was not made by representatives of the archival department, they do not have the authority to correct it. Therefore, it is necessary to apply to the court in order to establish a fact that has legal significance. Documents are attached to the application that confirm that the archival certificate belongs to Yevgeny, despite the fact that he is recorded there as Yevgen. In this case, the court is assigned 2 important tasks:

• establishing the correctness of the spelling of the applicant’s name as Yevgeny;
• establishing that the archival certificate belongs to him.

Thus, the court establishes that the document issued to a person really belongs to him. At the same time, the court does not make any changes or corrections to the document.

How will our services be useful?

When you contact the specialists of our law firm with such requests, you can receive the following categories of services:

• Consultation. During the consultation, you have the opportunity to get answers to your questions and hear from a specialist what the algorithm of actions should be for correcting errors in official documents in your case.
• Legal support in implementing an out-of-court method of influencing the situation. If the problem can be resolved without the participation of the court, we will be happy to help with this.
• Representation of interests in court. If this is the only effective option in your case, we will use it too.

Contact us. Our specialists know how to help their clients really effectively. To do this, you can fill out the feedback form on our website.