Use of e in official documents. Law on writing the letters E and E in documents

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Letter from the Ministry of Education and Science of Russia dated October 1, 2012 N IR-829/08 “On the spelling of the letters “e” and “e” in official documents”

The Russian Ministry of Education and Science has explained the procedure for using the letter “ё” in official documents.

The law obliges the use of the norms of the modern Russian language and the rules of Russian spelling and punctuation when filling out documents. Currently, the Rules of Russian Spelling and Punctuation, approved in 1956 by the USSR Academy of Sciences, the USSR Ministry of Higher Education and the RSFSR Ministry of Education, are applied, which indicate that the letter “е” is written in cases where it is necessary to prevent incorrect reading and understanding of a word, or when it is necessary to indicate the pronunciation of a little-known word.

The Russian Ministry of Education and Science reports that judicial practice in this case proceeds from the fact that, based on the above rules, the spelling of the letters “e” and “e” are equated. Writing the letter “e” instead of “e” and vice versa in the last name, first name and patronymic does not distort the data of the owner of the documents, provided that the data on the basis of which the person can be identified in such documents corresponds. In addition, judicial precedent when considering cases of making corrections or changes in civil status records is resolved in favor of the applicant (plaintiff).

Here is the text of the letter:

ABOUT THE SPELLING OF THE LETTERS "E" AND "Ё" IN OFFICIAL DOCUMENTS

The Ministry of Education and Science of Russia has repeatedly received requests from citizens regarding the spelling of the letters “e” and “e” when drawing up documents proving the identity of a citizen of the Russian Federation, preparing forms of certificates of state registration of acts of civil status, processing educational documents issued by state-accredited educational institutions , as well as other documents.

Federal Law No. 53-FZ of June 1, 2005 “On the State Language of the Russian Federation” (hereinafter referred to as the Law) secures the right of citizens of the Russian Federation to use the state language of the Russian Federation.

Article 3 of the Law defines the areas of use of the state language of the Russian Federation, which include, among other things, the preparation of documents certifying the identity of a citizen of the Russian Federation, the production of forms of certificates of state registration of acts of civil status, the preparation of educational documents issued by educational institutions with state accreditation, as well as other documents, including the spelling of proper names.

The law obliges the use of the norms of the modern Russian language and the rules of Russian spelling and punctuation when filling out documents.

In pursuance of the Decree of the Government of the Russian Federation of November 23, 2006 N 714 “On the procedure for approving the norms of the modern Russian literary language when used as the state language of the Russian Federation, the rules of Russian spelling and punctuation” and based on the recommendations of the Interdepartmental Commission on the Russian Language (protocol dated April 29, 2009

The letter "Y" in the law

N 10) by order of the Ministry of Education and Science of Russia dated June 8, 2009 N 195, a list of grammars, dictionaries and reference books was approved containing the norms of the modern Russian literary language when used as the state language of the Russian Federation (registered by the Ministry of Justice of Russia on August 6, 2009, registration N 14483 ).

In addition, the Rules of Russian Spelling and Punctuation, approved in 1956 by the USSR Academy of Sciences, the USSR Ministry of Higher Education and the RSFSR Ministry of Education (hereinafter referred to as the Rules), are currently applied, which indicate that the letter "ё" is written in cases where it is necessary prevent incorrect reading and understanding of a word, or when it is necessary to indicate the pronunciation of a little-known word.

Previously, the Ministry sent methodological recommendations to the regional executive authorities on the use of the letter “е” in the writing of proper names (letter dated May 3, 2007 N AF-159/03), which drew attention to the fact that the reason for the distorted entries in the passport and other documents (“e” instead of “e” and vice versa) may be a failure to comply with the requirement established by the Rules for the mandatory use of “e” in cases where a word may be misread. Proper names (including surnames, first names, patronymics) relate to this case, therefore the use of the letter “е” in them should be mandatory.

Judicial practice in this case proceeds from the fact that, on the basis of the Rules, the spelling of the letters “e” and “e” are equated. Writing the letter “e” instead of “e” and vice versa in the last name, first name and patronymic does not distort the data of the owner of the documents, provided that the data on the basis of which the person can be identified in such documents corresponds.

In addition, judicial precedent when considering cases of making corrections or changes in civil status records is resolved in favor of the applicant (plaintiff).

I.M.REMORENKO

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Date published: September 17, 2012 | Category: News

Rules for using the letters E and E in Russian

MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION
(Ministry of Education and Science of Russia)
st. Tverskaya, 11, Moscow, GSP-3, 125993
Tel.: 629-70-62, fax: 629-08-91
Email: [email protected]

May 03, 2007 No. AF-159/03
On the decisions of the Interdepartmental Commission on the Russian Language
In accordance with the decisions of the Interdepartmental Commission on the Russian Language, adopted at an off-site meeting in Ivanovo (minutes No. 6 of April 13, 2007), I am sending recommendations on the use of the letter e when writing proper names. Application: for 2 l.
Minister, Chairman of the Interdepartmental Commission on the Russian Language
A. A. Fursenko

Application

The first appearance of the letter E in print was noted in 1795.

Are Yo and E equated in documents?

It was used in the lifetime publications of A.S. Pushkin and other great Russian writers of the 19th century, the dictionary of V.I. Dahl, alphabet systems L.N. Tolstoy, K.D. Ushinsky. I.I. used this letter in his works. Dmitriev, G.R. Derzhavin, M.Yu. Lermontov, I.I. Kozlov, F.I. Tyutchev, I.I. Lazhechnikov, V.K. Kuchelbecker, I.S. Turgenev, gr. L.N. Tolstoy, K.D. Ushinsky, M.E. Saltykov-Shchedrin, A.P. Chekhov and many others. After securing it in seventh place in the Russian alphabet of 33 letters after the reform of 1917–1918, the scope of its application in writing and in print steadily expanded.
Nowadays, the letter E is contained in more than 12,500 words, 2,500 surnames of citizens of Russia and the former USSR, in thousands of geographical names of Russia and the world, names and surnames of citizens of foreign countries. According to statistics on the occurrence of Russian letters in various texts, for the letter Ё the result is below 0.5% (less than once per 200 characters).
The scientific justification for the need for the letter E in the Russian language graphic system was made by outstanding cultural figures: book. E.R. Dashkova, N.M. Karamzin, D.N. Ushakov, L.V. Shcherboy, S.I. Ozhegov, A.A. Reformatsky, N.Yu. Shvedova, A.I. Solzhenitsyn and others.
Russian citizens have problems with documents if in their last name, first name, place of birth, in some cases the letter E is indicated, but in others not. Problems arise when filling out passports, birth certificates, registering inheritance, transliterating surnames, transmitting telegrams and in a number of other cases. About 3% of citizens of the Russian Federation have last names, first names or patronymics that contain the letter Y, and often the entry in the passport turns out to be distorted. The reason for this is non-compliance with the requirement established in the Rules of Russian Spelling and Punctuation, approved in 1956, to use the letter E in cases where a word may be misread. Proper names (surnames, first names, patronymics, geographical names, names of organizations and enterprises) refer specifically to this case. Therefore, the use of the letter E in proper names should be indisputable and mandatory. Due to difficulties in identifying people and geographical locations due to differences in the spelling of the same proper names in different documents (surnames, given names, geographical names, names of enterprises and organizations), citizens have serious difficulties when performing legal procedures, especially related to notarization of documents when registering inheritance, transactions and in other cases. There are incidents when a husband, wife and children, who de facto have the same surname, have passports that differ in that one family member has the letter E printed in their surname, while the other has E instead of E. Thus, in the collected In order for a citizen to conclude any transaction, the set of documents contains virtually the same full names, the names of settlements and streets are written differently. All this causes complications when registering the privatization of housing, inheritance, divorce and other legal transactions.
In connection with the rapid development of printing activity at the end of the 19th century. the letter E began to be replaced from texts by the similar in appearance, but completely different letter E. This phenomenon had an economic justification: the presence of the letter E caused additional material costs when typesetting or linotype. Now the presence of the letter E in the text when computer typing and layout with any size and typeface does not lead to an increase in printing costs. As the experience of the magazines “National Education”, “Bulletin of the Russian Academy of Sciences”, “Accounting and Banks”, “Rodina” has shown; newspapers “Literaturnaya Gazeta”, “AiF”, “Literature”, “Version”, “Kirovskaya Pravda”; publishing houses “Avanta +”, “Eksmo”, “Verbum-M”, “Respublika” Moscow; “Amphora”, “Vita-Nova”, “Norint” - St. Petersburg and many others, it takes 3-4 months for editors and proofreaders to get used to correcting omissions of this letter.

Additional Information

Explanation
The Decree of the Government of the Russian Federation dated November 23, 2006 No. 714 “On the procedure for approving the norms of the modern Russian literary language when used as the state language of the Russian Federation, the rules of Russian spelling and punctuation” states: “In accordance with Part 3 of Article 1 of the Federal Law “On the State Language” Russian Federation” The Government of the Russian Federation decides:
To establish that the Ministry of Education and Science of the Russian Federation: approves, on the basis of recommendations of the Interdepartmental Commission on the Russian Language, a list of grammars, dictionaries and reference books containing the norms of the modern Russian literary language when used as the state language of the Russian Federation, as well as the rules of Russian spelling and punctuation.”
Signed: Chairman of the Government of the Russian Federation M. Fradkov
Therefore, in connection with the above, ignoring or refusing to print the letter E will mean a violation of the Federal Law “On the State Language of the Russian Federation”. Signed by the President of the Russian Federation V. Putin on June 1, 2005, No. 53-F

Letters "e" and "e" in documents

Modern living conditions contribute to the emergence and development of numerous allergic diseases. Atopic allergies occur in the presence of unfavorable environmental conditions and genetic predisposition. Immunoglobulins E (IgE) play an important role in the development of human immunity and its ability to withstand the negative effects of external factors. They are responsible for immediate atopic allergic reactions and participate in the protective functions of anthelmintic immunity.

Why is the concentration of immunoglobulin E determined?

Measuring the concentration of immunoglobulin E is used to diagnose many diseases, such as vasomotor rhinitis, bronchial asthma, hyper-IgE syndrome, allergic bronchopulmonary aspergillosis, eczematous dermatitis, urticaria.

When diagnosing an allergy, determining the level of immunoglobulin E is not enough. Specific antibodies of the IgE group should be determined to identify the causative allergen. In modern laboratory conditions, it is possible to determine allergen-specific immunoglobulin E in the blood for more than 600 allergens that cause allergic reactions in the human body.

To determine the level of immunoglobulin E and antibodies in the blood serum, a quantitative IgE test is done. Venous blood is collected in the morning on an empty stomach. You can take the test at different stages of the disease.

In children, establishing the level of immunoglobulin E has a greater diagnostic value than in adults. An increased concentration of IgE in children with allergies and hypersensitivity to a significant number of allergens is detected more often than in children with hypersensitivity to a small number of allergens.

What does an elevated level of immunoglobulin E mean?

An increased level of immunoglobulin E may indicate the presence of an allergic disease, helminthic infestation or bronchopulmonary aspergillosis. IgE concentrations may correlate with the severity of the disease process and the stage of the disease.

The maximum level of IgE in the blood is observed in the presence of hypersensitivity to many allergens with the presence of bronchial asthma. atopic dermatitis and allergic rhinitis. An increased level of immunoglobulin E can also be determined in the presence of hypersensitivity to allergens in combination with hereditary dermatitis, asthma and allergic rhinitis.

Any kind of allergy leads to excessive pathological production of immunoglobulins E in the body. The level of antibodies in the blood of allergy sufferers increases significantly.

Rules for writing E and E in documents

An important task in the treatment of allergic diseases is to lower the level of immunoglobulin E.

Determination of IgE concentration and subsequent treatment

Treatment is determined after an extensive examination of the patient, obtaining the results of a laboratory blood test and allergy tests. Tests are carried out with various allergens:

  • pollen (pollen from flowering trees, weeds, flowers, cereals);
  • food (food products);
  • household (house dust, mites);
  • fungi (mold fungi);
  • epidermal (pet fur).

It is necessary to identify the allergen that provokes inflammatory processes and try to eliminate it. To determine effective therapy, consultation with related specialists (ENT, gastroenterologist, immunologist) is also necessary.

For therapeutic purposes, antihistamines (Zodak, Ketotifen, Suprastin, Erius and others), enzymes and sorbents are prescribed. For atopic dermatitis, it is important to carry out daily skin care using special hygienic body care products (A-Derma, Trixera, Oilatum). Emollients (Exipial, Xemoz, Atoderm and others) restore the skin structure well. An integrated approach to treatment significantly reduces the level of immunoglobulin E in the blood.

There are some restrictions for conducting allergy tests. It is not recommended to carry out the analysis on a patient with a chronic disease in the acute stage, during treatment with antihistamines and hormonal drugs, or during an acute infection.

Absolute contraindications include children (up to 3 years).

Determination of specific IgE antibodies has almost no contraindications. Can be used for exacerbations of allergic diseases in children under 3 years of age. The exception is infants under 6 months of age due to the weak immune response of the child's body and low levels of antibodies.

Treatment of elevated levels of immunoglobulin E is possible after research and a medical examination. Based on the final result, the level of IgE antibodies is assessed, treatment and prevention of allergic disease is prescribed.

Use of the letter Ëë in title documents

A large number of people are exposed to bureaucratic risk when preparing documents due to the double spelling of their last name, first name or patronymic, containing the letter “e”. According to rough estimates, 3% of Russian citizens have the letter “е” in their passport data; “е” is found in at least two and a half thousand surnames. From a legal perspective, all of these people could face huge problems due to the lack of two points in the document.

On September 15, 2009, the HR department of the Supreme Court sent an explanation to the Pension Fund of the Russian Federation in connection with the problems that an employee of the RF Armed Forces had when applying for a pension, in which he indicated that the letter “e” in the surname is not “meaning-forming” or “meaning-dividing”, therefore the absence of two dots in the last name, first name and patronymic of the owner of the document does not distort.

However, this clarification is not official, does not have the force of a normative legal act. But in the event of a dispute in court, it is worth paying attention to in the same way as the following.

On May 3, 2007, the Decree of the Ministry of Education and Science of May 3, 2007 No. AF-159/03 approved the Decisions of the Interdepartmental Commission on the Russian Language clarifying the use of the letter Yoyo in documents.

As pointed out by the Minister of Education and Science A.A. Fursenko, on the basis of the conclusion of the Interdepartmental Commission on the Russian Language, which studied the problems associated with the use of the letter E instead of the letter Eyo in given names, patronymics, surnames, geographical names and other proper names, when drawing up documents related to acts of civil status, property rights, and purchase transactions -sale, with graduation from educational institutions, etc. Ministry of Education and Science of the Russian Federation recommends:

  1. Release citizens from any administrative prosecution, punishment or requirement to redo official documents executed before January 1, 2007, in which the first name, patronymic, last name, geographical name or other proper name are written with the letter E instead of the letter Eyo. To recognize, therefore, the use of documents in which the letter E is written instead of Eyo in the full name and geographical names, equivalent.
  2. When issuing new documents, interpret the spelling of last names, first names and patronymics with the letter Yoyo in accordance with the written application of the citizen.
  3. Authorities that issue official state-issued documents to citizens from January 1, 2007, it is mandatory to use the letter Yoyo.

Therefore, in connection with the above, ignoring or refusing to print the letter Yoyo will mean a violation of the Federal Law “On the State Language of the Russian Federation”.

Thus, from January 1, 2007, the Ministry of Education recommended using the letter Yoyo in documents. Prior to this date, no similar clarifications or other legal regulations were adopted.

It is necessary to note that the Decree of the People's Commissariat for Education of the RSFSR dated December 23, 1917 “On the introduction of new spelling” is currently in force. According to paragraph 5 of the said Decree, The use of the letter “ё” is considered desirable, but not obligatory..

Letters E and E in identity documents

Based on the foregoing, we can conclude that until January 1, 2007, the use of Eyo in documents was not mandatory, therefore, the letters Eyo and Ee before this date are considered to be equivalent, documents issued using the letter Ee instead of Eyo are valid and belonging to the relevant person.

1. in writing contact the passport and visa service of the Internal Affairs Directorate of the relevant district with a request to issue a passport on the basis of existing documents due to the absence of the need to bring documents issued before January 1, 2007 into compliance.

2. in order to avoid future controversial situations and misunderstandings on the part of government authorities, notaries, when registering rights to real estate and transactions with it, registering an inheritance, etc., change (harmonize) documents, in which the letter E is used instead of the letter Eyo (marriage certificate, license registration certificate, education diploma, driver’s license, other documents).

During the re-registration process, you should pay attention to the recommendations of the Ministry of Education, according to which, corrections of this nature in the applicant’s passport and other documents must be made for free, since the authorities were to blame for mistakes of this kind.

If the authority refuses to issue a document based on the existing ones, the following options exist:

  1. appeal the action (inaction) of officials to a higher authority.
  2. appeal the action (inaction) of officials to court.
  3. apply to the court with a claim to establish the fact that title documents (with the exception of military documents, passports and certificates issued by civil registry authorities) belong to a person whose first name, patronymic or last name indicated in the document do not coincide with the first name, patronymic or last name of this person indicated in the passport or birth certificate.

At the same time, it is necessary to pay attention that the court establishes facts of legal significance only if it is impossible for the applicant to otherwise obtain the appropriate documents certifying these facts.

The procedure for making changes to civil status acts

In accordance with Art.-Art. 70-73 Federal Law “On Acts of Civil Status” dated November 15, 2007, if the civil status record contains incorrect or incomplete information, as well as spelling errors, the civil registry office draws up a conclusion on making a correction or change in the civil status record.

An application for a correction or change in a civil status record is submitted by an interested person to the civil registry office at the place of his residence or at the place of storage of the civil status record subject to correction or change.

The application for correction or change in the civil status record must indicate following information:

  • last name, first name, patronymic, date and place of birth, place of residence of the applicant;
  • details of the civil status record in which the applicant requests to make a correction or change.

Simultaneously with the submission of such an application, a certificate of state registration of a civil status act must be submitted, which is subject to exchange in connection with making a correction or change in the civil status record, and documents confirming the existence of grounds for making a correction or change in the civil status record.

The applicant must also present a document proving his identity.

An application for a correction or change in a civil registry must be considered by the civil registry office within one month from the date of receipt of the application.

If the applicant is refused to make a correction or change in the civil status record, the head of the civil registry office is obliged to inform the reason for the refusal in writing.

Also, in case of refusal to make corrections or changes to the records made, the person has the right go to court, on the basis of Art. 307 of the Code of Civil Procedure of the Russian Federation with an application for corrections or changes in civil status records.

More articles on the topic

Letter e in documents

When preparing the material we used
reference and legal systems "Consultant Plus"

Letter from the Ministry of Education and Science of Russia dated October 1, 2012 N IR-829/08 “On the spelling of the letters “e” and “e” in official documents”

The Russian Ministry of Education and Science has explained the procedure for using the letter “ё” in official documents.

The law obliges the use of the norms of the modern Russian language and the rules of Russian spelling and punctuation when filling out documents. Currently, the Rules of Russian Spelling and Punctuation, approved in 1956 by the USSR Academy of Sciences, the USSR Ministry of Higher Education and the RSFSR Ministry of Education, are applied, which indicate that the letter “е” is written in cases where it is necessary to prevent incorrect reading and understanding of a word, or when it is necessary to indicate the pronunciation of a little-known word.

The Russian Ministry of Education and Science reports that judicial practice in this case proceeds from the fact that, based on the above rules, the spelling of the letters “e” and “e” are equated. Writing the letter “e” instead of “e” and vice versa in the last name, first name and patronymic does not distort the data of the owner of the documents, provided that the data on the basis of which the person can be identified in such documents corresponds. In addition, judicial precedent when considering cases of making corrections or changes in civil status records is resolved in favor of the applicant (plaintiff).

Here is the text of the letter:

MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION

ABOUT THE SPELLING OF THE LETTERS "E" AND "Ё" IN OFFICIAL DOCUMENTS

The Ministry of Education and Science of Russia has repeatedly received requests from citizens regarding the spelling of the letters “e” and “e” when drawing up documents proving the identity of a citizen of the Russian Federation, preparing forms of certificates of state registration of acts of civil status, processing educational documents issued by state-accredited educational institutions , as well as other documents.

Federal Law No. 53-FZ of June 1, 2005 “On the State Language of the Russian Federation” (hereinafter referred to as the Law) secures the right of citizens of the Russian Federation to use the state language of the Russian Federation.

Article 3 of the Law defines the areas of use of the state language of the Russian Federation, which include, among other things, the preparation of documents certifying the identity of a citizen of the Russian Federation, the production of forms of certificates of state registration of acts of civil status, the preparation of educational documents issued by educational institutions with state accreditation, as well as other documents, including the spelling of proper names.

The law obliges the use of the norms of the modern Russian language and the rules of Russian spelling and punctuation when filling out documents.

In pursuance of the Decree of the Government of the Russian Federation of November 23, 2006 N 714 “On the procedure for approving the norms of the modern Russian literary language when used as the state language of the Russian Federation, the rules of Russian spelling and punctuation” and based on the recommendations of the Interdepartmental Commission on the Russian Language (protocol dated April 29, 2009 N 10) by order of the Ministry of Education and Science of Russia dated June 8, 2009 N 195, a list of grammars, dictionaries and reference books was approved containing the norms of the modern Russian literary language when used as the state language of the Russian Federation (registered by the Ministry of Justice of Russia on August 6, 2009 city, registration N 14483).

In addition, the Rules of Russian Spelling and Punctuation, approved in 1956 by the USSR Academy of Sciences, the USSR Ministry of Higher Education and the RSFSR Ministry of Education (hereinafter referred to as the Rules), are currently applied, which indicate that the letter "ё" is written in cases where it is necessary prevent incorrect reading and understanding of a word, or when it is necessary to indicate the pronunciation of a little-known word.

Previously, the Ministry sent methodological recommendations to the regional executive authorities on the use of the letter “е” in the writing of proper names (letter dated May 3, 2007 N AF-159/03), which drew attention to the fact that the reason for the distorted entries in the passport and other documents (“e” instead of “e” and vice versa) may be a failure to comply with the requirement established by the Rules for the mandatory use of “e” in cases where a word may be misread. Proper names (including surnames, first names, patronymics) relate to this case, therefore the use of the letter “е” in them should be mandatory.

Judicial practice in this case proceeds from the fact that, on the basis of the Rules, the spelling of the letters “e” and “e” are equated. Writing the letter “e” instead of “e” and vice versa in the last name, first name and patronymic does not distort the data of the owner of the documents, provided that the data on the basis of which the person can be identified in such documents corresponds.

In addition, judicial precedent when considering cases of making corrections or changes in civil status records is resolved in favor of the applicant (plaintiff).

In modern times, the Russian language is developing every day. Neologisms appear more often and acquire a new trend. But the seventh letter of the alphabet “ё” is increasingly less and less given due importance in print. It made history during Soviet times in 1942 and remains to this day. However, many officials, when drawing up important documents identifying a citizen’s identity or affiliation, consider it unnecessary to use the letter “e”, replacing it with “e”.

Federal Law of the Russian Federation dated July 1, 2005, No. 53 “On the state language of the Russian Federation”, Article 3, requires the use of the letter “е” in all official documents, such as identity cards, passports, civil registration certificates, education documents in names and surnames of citizens of the Russian Federation.

You can download the text of Federal Law 53 “On the State Language of the Russian Federation”

Rules for writing E and E

The Supreme Court of the Russian Federation in 2009 approved a ruling that the letters “e” and “e” in different documents of the same person are equivalent, and valid for all rights if the person’s identity is identified. Controversial issues arise when drawing up official papers of a pension fund, when purchasing real estate, registration of registration and any other significant documents. In more than 2.5 thousand Russian surnames, it is necessary to use the letter “ё”, but they write “e”.

Thus, in the law “On the spelling of the letters “e” and “e” the documents state that it is necessary to oblige a person to change acts due to the use of a particular letter only when the semantic meaning in the surname, first name, patronymic or city ​​names.

Spelling E and Yo in last name and first name

When there is a letter “ё” in the first name, last name, city of residence or other significant facts for any documentation, which is written as “e”, this can cause inconvenience when buying or selling real estate, obtaining citizenship, and so on.

It happens that the letter “e” is written in the passport, and “e” in the birth certificate. In this case, additional information and corrections of errors in documents may be required. Citizens of the Russian Federation often seek advice on such issues. to the Ministry of Education and Science .

The Rules of Russian Spelling and Punctuation, certified by the USSR Academy of Sciences in 1956, indicate that the letter “ё” should be used in cases of preventing the incorrectness of the stated word. Thus, regional authorities represented by officials are required to enter into the document the letter “е” in proper names (first name, surname and patronymic), as detailed in letter No. 159/03 dated 05/03/2017.

Examples

Case 1

One of the employees of the Supreme Court of the Russian Federation appealed to the Pension Fund with a request to accrue an insurance pension. The citizen was refused, citing different readings of the letters in the spelling.

On the identity card, the surname is spelled out with an “е”, and in the owner’s work book the letter “e” appears. The Supreme Court explained to the man that there is no double meaning of the letter “e”, since the letter “e” is not meaningful and does not affect personal identification data.

For additional confirmation, it was necessary to contact the Russian Language Institute. V.V. Vinogradov, where it was confirmed that “e” and “e” in the surname Solovyov, in different letters are the same surname belonging to the same citizen. In this case, the meaning of the surname is not lost, and the refusal of the Pension Fund bodies contradicts the constitutional right of a citizen of the Russian Federation to a pension.

Case 2

Another letter to the Ministry of Education and Science dated October 1, 2012, IR 829/08 “on the spelling of the letters “e” and “e” in official documentation” confirms the law of Russian language spelling and punctuation, its importance and use.

The Moscow Regional Court recently stated that it is possible to fine a person whose last name contains such a mistake. However, legal practice suggests the opposite. A similar incident occurred in the young Snegirev family. A daughter was born, on whose birth certificate it was written Snegireva N.

They refused to receive maternity capital, citing the fact that the surnames of the mother and daughter were different. The couple had to abandon their original surname and forward their documents to the proper letter “e.” Thus, all family members received the same surname.

The Russian alphabet consists of 33 letters, only one of them is often replaced with a similar one. As you guessed, we are talking about the letters “e” and “e”. And everything would be fine if such a replacement in a number of cases were not fraught with negative legal consequences. Let's look at them in more detail and talk about what to do in such situations.

1. The essence of the problem

Imagine, one fine day you come to the registry office, to a notary or somewhere else and it turns out that you simply do not exist. Officially. Legally. You are dressed, moving, talking, but you cannot take a legally significant action. Because in your last name there is an “e” instead of “e” and it turns out that we are talking about a completely different person.

For example, the birth certificate contains the surname GrachEva, and when you reach the age of 14, you are given a passport in the name of GrachEva. All subsequent documents were issued using the passport, including the marriage certificate. You decide to take your husband's last name, which requires, among other things, a birth certificate. This is where everything comes up. After all, only citizen Gracheva legally exists - a person born was recorded under that name.

There can be many similar examples and much simpler ones. Let's say you, citizen Pugachev, come to draw up an inheritance, only the will was drawn up in the name of Mr. Pugachev - the notary will refuse you. Complications may also arise during the privatization of housing, divorce and other transactions.

According to statistics, about 3% of Russian citizens have the letter “ё” in their last names, first names and patronymics. Accordingly, more than four million people may face problems similar to those described above. Unfortunately, we cannot exclude their occurrence. People draw up documents. Many of them, without any ulterior motive, can write “e” instead of “e”, since this is a common practice. The question is what to do if you find yourself in a similar situation.

Faced with this question, I wanted to know where all this confusion came from. I will summarize my studies briefly below, and for those who want to immediately move on to practical recommendations, read.

2. The history of the letter “е”

So, the birthday of the letter “e” is considered to be November 29 (November 18, old style) 1783. The Letter owes its appearance to Princess Ekaterina Romanovna Dashkova, who, at the end of the next meeting of the Russian Academy, raised the question of the legality of expressing one sound with two letters, which previously took place in relation to the sound “e”.

The letter “е” first appeared in printing in 1795, but by the end of the 19th century it began to be replaced by the letter “e,” which had an economic justification. The fact is that the use of “letters with dots” caused additional material costs when typesetting using letter or linotype.

At the beginning of the Soviet period, the use of the letter "ё" remained optional. This is clear from the decree of the People's Commissar of Education A.V. Lunacharsky, published on December 23, 1917, which introduced a reformed spelling.

Officially, the letter “ё” entered the Russian alphabet in 1942 in accordance with the order of V.P. Potemkin, who were prescribed its mandatory use in school practice.

In the Rules of Russian Spelling and Punctuation, approved by the USSR Academy of Sciences, the USSR Ministry of Higher Education, and the RSFSR Ministry of Education in 1956, a separate section was devoted to the letter under comment.

IV. Letter e

§ 10. The letter e is written in the following cases:

1. When it is necessary to prevent incorrect reading and understanding of a word, for example: we recognize as opposed to learn; everything is different from everything; bucket as opposed to bucket; perfect (participle) as opposed to perfect (adjective).

2. When you need to indicate the pronunciation of a little-known word, for example: Olekma river.

3. In special texts: primers, school textbooks of the Russian language, spelling textbooks, etc., as well as in dictionaries to indicate the place of stress and correct pronunciation.

Note. In foreign words, yo is written at the beginning of words and after vowels instead of the letter ё, for example: yod, yot, district, major

Although nothing is directly said about first and last names in this section, I think they should be attributed to paragraph 2 of § 10, namely, when it is necessary to indicate the pronunciation of a little-known word. How, after all, is the inherent difference between the name of a geographical object and the name of a person?

The first point also applies – the need to prevent misreading of a word. In particular, this is precisely the basis indicated in the letter on the decisions of the Interdepartmental Commission on the Russian Language dated May 3, 2007.

On May 20, 2005, Federal Law No. 53-FZ dated June 1, 2005 “On the state language of the Russian Federation” was adopted. Article 3 of this law establishes that the use of the Russian language is mandatory, among other things, in:

“1) in the activities of federal government bodies, government bodies of constituent entities of the Russian Federation, other government bodies, local government bodies, organizations of all forms of ownership, including in the activities of record keeping;

8) when preparing identity documents of a citizen of the Russian Federation, except for cases provided for by the legislation of the Russian Federation, preparing forms of certificates of state registration of acts of civil status, processing documents on education and (or) qualifications established in accordance with the Federal Law of December 29 2012 N 273-FZ “On Education in the Russian Federation” sample, as well as other documents, the execution of which in accordance with the legislation of the Russian Federation is carried out in the state language of the Russian Federation, when registering the addresses of senders and recipients of telegrams and postal items sent within the Russian Federation Federation, postal money transfers;"

As we already said in the introduction, the Russian alphabet officially consists of 33 letters, one of which is the letter “е”. Thus, ignoring it in writing in cases established by law is a violation of federal law.

Nevertheless, in the Letter of the Ministry of Education and Science dated October 1, 2012 No. IR-829/08 “On the spelling of the letters “e” and “e” in official documents” it was noted that, according to judicial practice, “the spelling of the letter “e” instead of “e” and on the contrary, in the last name, first name and patronymic, it does not distort the data of the owner of the documents, provided that the data on the basis of which the person can be identified in such documents corresponds.

In addition, judicial precedent when considering cases of making corrections or changes in civil status records is resolved in favor of the applicant (plaintiff).”

The Supreme Court of the Russian Federation also made its contribution to resolving the issue in 2009, pointing out that the use of the letter “ё” is important in cases where it is meaningful. For example, it is obvious that sky and palate are different words in meaning. Adding periods to the word "perfect" changes it from an adjective to a participle "perfect", etc.

Now we come close to the question of what to do if you are faced with problems associated with incorrect spelling of the letters “e” and “e” in proper names.

3. What to do?

I will not be original in this case and, as in my other articles, I will say: try to resolve the issue peacefully first. Justify your position competently. Perhaps this will save you from the tedious dispute procedure. Moreover, a number of documents can simply be redone without resorting to any litigation. For example, if you find an erroneously indicated “ё” instead of “e” in your passport, you can simply replace your passport. Moreover, if the error occurred due to the fault of an official, then the replacement is carried out free of charge, regardless of the period when the error was discovered.

In some cases, a judicial perspective cannot be avoided.

You will need to go to a court of general jurisdiction. In the absence of a dispute about the law, the case will be considered according to the rules of special proceedings with features depending on which particular document the error was made.

Establishing facts of legal significance

Thus, courts resolve issues of establishing facts of legal significance. Such facts include, among other things, the fact that title documents (with the exception of military documents, a passport and certificates issued by civil registry offices) belong to a person whose name, patronymic or surname indicated in the document do not match the given name, patronymic or surname of this person indicated in the passport or birth certificate.

Proceedings in such cases are initiated by filing an application. However, a prerequisite is the impossibility of obtaining by the applicant in a different manner the appropriate documents certifying these facts, or if it is impossible to restore the lost documents. So, due to non-compliance with this condition, the claim of Kochkarev S.A. was denied. The Supreme Court of the Russian Federation indicated (Determination of the Supreme Court of the Russian Federation of 09.02.

“From the materials of the case, it is clear that in order to make corrections to the certificate of rehabilitation received by the applicant dated February 27, 1998 (indicating the applicant's patronymic) or to issue a new certificate, Kochkarev S.A. didn't apply.

Any information about the impossibility of obtaining by the applicant a certificate of rehabilitation in a different (non-judicial) procedure was not provided to him.

Thus, the conditions necessary to establish the fact of belonging to Kochkarev S.A. There were no certificates of rehabilitation; this fact could not be established in accordance with Chapter 28 of the Civil Procedure Code of the Russian Federation.”

Thus, the trial in the manner provided for in Chapter. 28 of the Civil Procedure Code of the Russian Federation, it will be done if necessary to establish the identity of a person, for example, a certificate of inheritance, a work or pension book, an education document, a certificate of employment, etc.

Consideration of cases on making corrections or changes in civil registration records

If errors are made in the documents issued by the civil registry office, then for their correction you must contact the civil registry office directly by writing an appropriate application and submitting the required documents. The said application is considered by the civil registry office within one month. In exceptional cases, the period may be extended for another two months.

Based on the results of consideration of the application, the civil registry office draws up a conclusion on making a correction or change in the relevant entry. One of the grounds for such a conclusion is the presence of incomplete or incorrect information, as well as spelling errors. It seems that writing “e” instead of “e” is an example of such an error.

Refusal to make changes, indicating the reason, must be provided in writing and can be appealed to the court (Part 5, Article 72 of the Federal Law of November 15, 1997 No. 143-FZ “On Acts of Civil Status”).

The consideration of cases involving corrections or changes in civil status records is regulated by Ch. 36 Code of Civil Procedure of the Russian Federation. The basis for initiating proceedings in the case is a statement, which must indicate what the incorrect entry in the civil status act is, when and by what authority the correction or change of the entry made was refused. Of course, a refusal must be attached to the application.

Thus, the trial in the manner provided for in Chapter. 36 of the Civil Procedure Code of the Russian Federation, will be made if it is necessary to make changes to the birth certificate, marriage or divorce, establishment of paternity, change of name, etc.

The law also provides for a special procedure for considering applications for notarial acts performed or refusal to perform them (Chapter 37 of the Code of Civil Procedure of the Russian Federation).

4. Conclusions

1) Always carefully check the documents issued to you for spelling errors, especially if you are the happy owner of the letter “e” in your last name, first name or patronymic.

2) If an error is detected, follow the following algorithm:

- if a document can simply be redone, do it,

- if the document cannot be altered, try to justify your position (pay special attention to the Letter of the Ministry of Education and Science “On the spelling of the letters “e” and “e” in official documents”, but keep in mind that letters are not sources of law),

- if it was not possible to agree, go to court (there are quite a lot of options with which particular requirement, depending on the specific circumstances).

3) Let's proceed from the fact that there are still 33 letters in the Russian alphabet and let's not forget to put magic dots when it comes to the letter "ё".

Sources and comments:

Surnames in this article are conditional, without reference to any particular person.

How powerful and multifaceted the Russian language is. There are 33 letters in our native language, but I will tell you about two letters from them, because the whole meaning of the word sometimes depends on the correct spelling, but in our case, the surname of a person. These letters are “e” and “e”. In our case, the relationship between people will depend on the spelling of one of these letters in the surname.

Sometimes in passports, in birth certificates, instead of “e”, they write “e” or, conversely, for people with such an error, this causes great difficulties. According to paragraph 10 of the Rules of Russian Spelling and Punctuation approved by the Academy of Sciences of the USSR, the Ministry of Higher Education of the USSR and the Ministry of Education of the RSFSR in 1956, the letter "ё" is written in the following cases:

1. When it is necessary to prevent incorrect reading and understanding of a word, for example: we learn in contrast to we learn; everything is different from everything; buckets as opposed to a bucket; perfect (participle) as opposed to perfect (adjective).

2. When you need to indicate the pronunciation of a little-known word, for example: Olekma river.

3. In special texts: primers, school textbooks of the Russian language, orthoepy textbooks, etc., as well as in dictionaries to indicate the place of stress and correct pronunciation.

Note. In foreign words, yo is written at the beginning of words and after vowels instead of the letter ё, for example: yod, yot, region, major.

At the same time, as indicated in the Letter of the Ministry of Education and Science of the Russian Federation dated October 1, 2012 N IR-829/08 “On the spelling of the letters “e” and “e” in official documents,” the spelling of the letter “e” instead of “e” and on the contrary, in the last name, first name and patronymic, it does not distort the data of the owner of the documents, provided that the data on the basis of which the person can be identified in such documents corresponds.

Taking into account the above, we can conclude that surnames with the letters “e” and “e” are identical, however, in practice, people encounter a different interpretation of these norms from government agencies, as well as notaries. For example, government agencies do not issue documents with a surname with the letter “e” to a son who has a surname with the letter “e,” and in a similar situation, a notary does not issue certificates of inheritance rights.

There are several ways out of this situation:

1. leave everything as it is in the hope that government agencies or a notary will pay attention to this, but no problems will arise with this (in my opinion, this solution is not entirely correct, since hoping that everything will go well means exposing yourself to great risk).

2. contact the civil registry office (hereinafter referred to as the Civil Registry Office) with a request to correct the error. But often registry offices do not want to correct such errors for some reason of their own, known only to them.

3. apply to the court to establish family relations (in accordance with Article 264 of the Code of Civil Procedure of the Russian Federation). In this case, it is necessary to take into account Art. 265 of the Code of Civil Procedure of the Russian Federation: the court establishes facts of legal significance. Only if it is impossible for the applicant to obtain the appropriate documents certifying these facts in another manner, or if it is impossible to restore lost documents. An application to establish a fact of legal significance is submitted to the court at the place of residence of the applicant (Article 265 of the Code of Civil Procedure of the Russian Federation).

The only body that can resolve this problem is the court. In practice, most often only the court establishes family relationships between the owners of surnames with the letter “e” and the owners of surnames with the letter “e” in order to eliminate further problems between close relatives.

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