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The right of citizens of Russia not to have the name recognized Moscow’s court of the city of Kaliningrad, the press service of the court.

This decision was made after re-consideration of the claim of a local resident against the notary failed him in inheritance due to the fact that man had no name, only the name. In both cases the judge sides with the plaintiff.

The Ministers of justice found that when registering the applicant’s birth (in 1957 in Baku) in the relevant documents were not made information about his surname, and the surname of his father.

Meanwhile, in accordance with articles 7 and 8 of the Convention on the rights of the child, immediately after birth, the child is registered and from the moment of birth has the right to a name, and the state must respect the right to preservation of identity of his name.

Under article 19 of the civil code a citizen acquires and exercises rights and duties under his own name, including a surname and actually a name as well as patronymic unless otherwise follows from law or national custom, reminded the court. The citizen has the right to change his name, and this is not a basis for terminating or changing his rights and duties acquired under the previous name.

«The court came to the conclusion that this provision of the civil code can not be regarded as a peremptory norm of law requiring the mandatory presence at the citizen of the surname… Respectively, the absence of a surname of a citizen cannot constitute grounds for refusal to issue him identity documents and civil status,» said the court.

According to the court, the plaintiff in 1976, received a military ID, 2003 — regular passport, married in 2005 and in 2014 received passport and all documents were missing his name.

«Therefore, the applicant has in stock issued in accordance with the legislation of the Russian Federation the documents proving his identity and the fact of marriage. These documents are not valid … was not recognized, and their contained information sufficient to identify the applicant,» the court decided. The decision has already entered validity.