Letter e in the passport ruling. The letters "e" and "e" in the documents

Problem

My father has a surname Kisel ёin, but in some documents it is written as Kissel ec, in connection with this there are problems. I heard that in 2009 the letters E and E were equal, but I don’t know where it is written, if anyone knows, tell me very much!

Decision

Here is one from the document:

“By virtue of clause 3 of article 1 of Law No. 53-FZ, 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 is determined by the Government of the Russian Federation. Resolution of the Government of the Russian Federation of November 23, 2006 No. 714 approval of the rules of Russian spelling and punctuation are attributed to the powers of the Ministry of Education and Science of the Russian Federation.

Currently, the Russian Spelling and Punctuation Rules are in force, approved in 1956 by the USSR Academy of Sciences, the USSR Ministry of Higher Education and the RSFSR Ministry of Education.

Regarding the use of the letter “ё” in Russian, in § 10 of Section IV of these rules the following provisions are contained.

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 recognize in contrast to we learn; everything is unlike everything; a bucket as opposed to a bucket; perfect (participle) as opposed to perfect (adjective).

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

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

The Institute of the Russian Language of the Russian Academy of Sciences determined that the letter "ё" is mandatory in all cases when it acts as a meaningful word (for example, the sky is the palate), in the case of the surname, the letters "ё" and "e" are identical meaning, because the different spelling of the corresponding word with their use are variants of the same proper name (surname).

Based on the above provisions and within the meaning of the Rules of Russian spelling and punctuation, the letter "e" is allowed to be used instead of the letter "ё", which cannot be considered a violation. "

1. In another case, the court, checking the registrar’s refusal to make an entry in the system of maintaining the register of securities holders on the basis of a transfer order, in which the person transferring the shares indicated the surname through the letter “e”, while the surname on the passport was through "ё", noted the following. Based on the Rules of Russian spelling and punctuation, in practice, the spelling of the letters "e" and "e" is equated. Writing the letter "e" instead of "e" in the documents and vice versa in the surname, name and patronymic does not distort the data of the owner of the documents, provided that the data on the basis of which you can identify the person in such documents are consistent. Consequently, the transfer order submitted to the registrar was executed without violations, and its refusal is illegal (Decision of the FAS MO of 22.03.2011 N KA-A40 / 1502-11 in the case N A40-84613 / 10-130-428).

Thus, the foregoing allows us to draw the following conclusions. In modern Russian, the letters "e" and "e" are equivalent, the use of the letter "e" is mainly meaningful. In official and other documents it is allowed to indicate the letter "e" instead of "e", which is not a violation of applicable law and cannot be considered as a basis for limiting or obstructing the realization of the rights and freedoms of man and citizen.

Sergey, it is better to bring all the documents where the name of your father appears in accordance with the entry in his passport. In government organizations, software systems used to process and store personal data of citizens can perceive differently entered last names as the names of different people, and then, in fact, there are problems with receiving benefits or pensions.

Or here's another court decision.

The analysis of the Decision of the Federal Antimonopoly Service of the Ural District of 16.12.2009 N Ф09-10237 / 09-С1 confirms these conclusions.

The court examined the situation in which the entrepreneur submitted an application for amending information about the individual entrepreneur contained in the Unified State Register of Individual Entrepreneurs (Form N P24001), according to which the entrepreneur asks to make the necessary changes in the spelling of the name, in particular, indicate the name "Chinarev".

According to the registration body, the entrepreneur in the application submitted by him contains false information, in particular, in the application according to form N P21001 the surname of the individual is incorrectly indicated - “Chinarev” instead of “Chinarev”.

These circumstances served as the basis for the registration authority to draw up a protocol on an administrative offense with respect to the entrepreneur and to issue a decision on it on bringing the entrepreneur to administrative responsibility under Part 3 of Art. 14.25 of the Code of Administrative Offenses.

The court concluded that there was evidence of an administrative offense in the actions of the entrepreneur, the liability for which is provided for in Part 3 of Art. 14.25 Administrative Code, however, recognized the offense insignificant.

The given position of the court to the situation in question must be applied as follows. The court found that there was a violation in the actions of an individual entrepreneur who used the letter "e" in the statement when writing the name, while the surname was written in the passport through the letter "ё". Despite the fact that the offense is recognized as insignificant, it matters that the violation itself was revealed by the court, which means that the entrepreneur allowed the indication in the statement in the form N P21001 of false information.

Thus, applying the position of the court by analogy, we can conclude that in the situation in question the actions of a citizen are unlawful, an application according to form N P21001 in this situation is not considered completed in the prescribed manner.

There is no consensus, and therefore, if in all documents or in the main documents there is a certificate of birth, the passport is “E”, then filling out all the documents or the rest of the application is better to indicate “E”, otherwise they may be recognized as not valid. Therefore, if somewhere there is no single reading, for example, the passport "E", the work book "E", make changes, there will be problems.

In general, all experts believe that it is necessary to adopt some kind of document regarding the letter "ё", but so far they are experts thinking, but citizens go because of this letter "ё".

I, as a clerk, as soon as I see such a discrepancy in the documents of the workers, I immediately warn about problems when receiving a pension, when drawing up some kind of benefits, so it’s better to fix it than argue and prove it in court.

Decision

Good afternoon! The decision of the Interdepartmental Commission on the Russian Language states that the first appearance of the letter ёnoted in print in 1795. It was used in the lifetime editions of A.S. Pushkin and other great Russian writers of the 19th century, the dictionary of V.I. Dahl, the alphabetic systems of L.N. Tolstoy, KD Ushinsky. As the experience of magazines and newspapers has shown, it takes 3-4 months to get used to by editors and proofreaders to correct omissions of this letter. Citizens have problems with documents, if in their surname, name, place of birth in some cases the letter ёindicated, but not in others. Problems arise when filling out passports, birth certificates, inheritance, transliteration of surnames, transmission of telegrams and in some other cases .. The reason for this is the failure to comply with the established approved in 1956. I suggest you familiarize yourself with the following documents.

A large number of people are exposed to bureaucratic risk when processing documents due to the double spelling of a surname, name or patronymic containing the letter "ё". According to rough estimates, the letter “ё” in the passport data has 3% of Russian citizens, “ё” is found in at least two and a half thousand names. From a legal point of view, all these people can face enormous problems due to the absence of two points in the document.

On September 15, 2009, the personnel department of the Supreme Court sent an explanation to the Pension Fund of the Russian Federation in connection with the problems that an officer of the Armed Forces of the Russian Federation had when applying for a pension, in which he indicated that the letter “ё” in the surname is not “meaning-forming” or “meaning-sharing”, therefore the absence of two points in the surname, name, patronymic of the owner of the document does not distort.

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

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

As pointed out by Minister of Education and Science Fursenko A.A., based on the conclusion of the Interdepartmental Commission on the Russian Language, which studied the problems associated with the use of the letter Her instead of the letter Her in the names, patronymics, last names, geographical names and other proper names, when preparing documents related to acts of civil status, property rights, purchase transactions -sale, with the end of educational institutions, etc. Ministry of Education and Science of the Russian Federation recommends:

To exempt citizens from any administrative harassment, punishment or requirement to redo official documents drawn up before January 1, 2007, in which the name, patronymic, last name, geographical name or other proper name is written with the letter Her instead of the letter Ye. Recognize, therefore, the use of documents in which the letter Her is written in the name and place names, instead of Her, equivalent.
When issuing new documents, interpret the spelling of surnames, names and patronymics with the letter ёё in accordance with a written statement of a citizen.
To authorities issuing state-issued official documents to citizens, from January 1, 2007 to use the letter Yyo without fail.

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

Thus, since January 1, 2007, the Ministry of Education recommended using the letter Yo in the documents. Until the specified date, similar explanations, other regulatory legal provisions were not adopted.

It should be noted that the Decree of the People’s Commissariat for Education of the RSFSR of December 23, 1917 On the Introduction of a New Spelling is currently in force. According to paragraph 5 of this Decree, deemed desirable but optional use the letters "ё".

Based on the foregoing, it can be concluded that until January 1, 2007, the use of Her in documents was not mandatory, therefore, the letters Her and Her until the indicated date are considered equivalent, documents issued using the letter Her instead of Her are valid and owned by the person concerned.

1. in writingapply to the passport and visa service of the Internal Affairs Directorate of the relevant region with a requirement to issue a passport on the basis of available documents in connection with the lack of the need to bring documents issued before January 1, 2007 into conformity.

2. in order to avoid further disputes and misunderstandings on the part of state authorities, notaries, during registration of rights to real estate and transactions with it, registration of inheritance, etc., change (align) documentsin which the letter Her is used instead of the letter Her (marriage certificate, certificate of registration of law, diploma of education, driver's license, other documents).

In the process of re-registration, attention should be paid to the recommendations of the Ministry of Education, according to which, corrections of this nature in the passport and other documents of the applicant must be made is free, because the authorities were to blame for errors of this kind.

In case of refusal of the authority to issue a document on the basis of available, there are the following options:

appeal the action (inaction) of officials to a higher authority.
appeal the action (inaction) of officials to court.
apply to the court with a lawsuit on the fact of ownership of documents of title (with the exception of military documents, a passport and certificates issued by the civil registry office) to a person whose name, patronymic or surname indicated in the document does not coincide with the name, patronymic or surname 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 obtain in another order the relevant documents certifying these facts.

The procedure for amending acts of civil status

In accordance with Art. 70-73 Federal Law "On acts of civil status" dated 11/15/2007, if incorrect or incomplete information is indicated in the record of the certificate of civil status, as well as spelling errors are made by the registry office, a conclusion is drawn up on making corrections or changes to the record of the certificate of civil status.

An application for making corrections or changes to the record of a certificate of civil status shall be submitted by the interested person to the authority for the registration of acts of civil status at the place of residence or at the place of storage of the record of the certificate of civil status to be corrected or changed.

The application for the correction or amendment of the civil registration record must indicate following information:

surname, name, patronymic, date and place of birth, place of residence of the applicant;
details of the record of the act of civil status in which the applicant asks for a correction or change.

Simultaneously with the filing of such an application, a certificate of state registration of the certificate of civil status must be presented, which is subject to exchange in connection with the introduction of corrections or changes to the record of the certificate of civil status, and documents confirming that there is a basis for making corrections or changes to the record of the certificate of civil status. The applicant must also be presented with an identity document.

An application for amending or changing a record of an act of civil status should 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 corrections or changes to the record of the civil status act, the head of the civil registry office must 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, based on Art. 307 Code of Civil Procedure of the Russian Federation with a statement on the introduction of corrections or changes to the records of acts of civil status.

In an Internet a lot of stories on a similar topic. Here is one. As you can see, the attitude to the letter E is different in different instances, or rather, it all depends on the people who work for them.
My problem turned out to be that my last name is Vorobyov, with the letter "ё".
My wife and I decided to divorce - well, it happened, we can’t live together ...
In court - no problems. The problems began in the Tagansk registry office ... My wife did not issue a certificate of divorce, citing the fact that the court decision indicates the names with the letter "e" instead of "ё".
Well, I like to fight with officials: I went to get a certificate for myself (although it was not really necessary). They try not to give it to me, with the same wording. In front of amazed officials, without hiding anything, I put on the court decision a black helium pen points wherever “ё” should be instead of “e” (not only in the surname, but in all words where “ё” should be used) .
What started here! Accusations of forging documents that I don’t know the Russian language, well, etc., to which I calmly stated that they could call at least the police, at least riot police, but either give evidence, because now the document is fully consistent with their stupid (to put it mildly) requirements, or a written refusal indicating the reason for the non-return.
Having passed by the ears of nonsense that they give a written refusal within a month after submitting the application, and indeed have the right not to give, I asked for a meeting with the boss. Apparently, I got them cool, so the boss was called. The boss (or rather, the boss) turned out to be a pretty pleasant and sane woman, agreed with me that she could not submit legislative acts confirming the validity of their requirements. They stopped on my initiative that I myself will provide evidence that the letter "e" can be used instead of "e".
I had to go to the nearest bookstore, buy a textbook on philology for the institute, in which at the end legislative acts were collected regarding the letter “ё”. There are two of them: the resolution of the Provisional Government on the reform of the Russian language of 1917 and the confirmation of this decision by the Revolutionary Military Council (or what it was called there, I don’t remember exactly) of 1918, which states that “the use of the letter“ ё ”is considered desirable, but OPTIONAL "! We do not have the letter "ё" in the Russian language officially!
They gave me a certificate, my wife (ex), too, and to her - without a sound, they only said that she had divorced me correctly.
Do you think that's all? Not at all!
There were NO dots over the letter "e" in our marriage certificate. The wife did not change her surname after the divorce. After a couple of years, this surfaced when she tried to take out a share in the apartment that she had privatized once, and I had to go to the registry office, where they painted us. There, for our good fortune, it turned out that a “mistake” was made by an employee of the same registry office when she wrote out a marriage certificate. It turned out further that in my birth certificate there is also “e” instead of “e”. Requests went back and forth for more than six months, the entire registry office was busy ... Finally, we all became Vorobyovs ...

The Russian alphabet consists of 33 letters, only one of them is often replaced by a similar one. As you might guess, we are talking about the letters "e" and "e". And all would be fine if such a replacement in some cases would not be fraught with negative legal consequences. Consider them in more detail and talk about what to do in such situations.

1. The essence of the problem

Imagine one day you come to the registry office, to a notary public or somewhere else and it turns out that you simply do not exist. Officially. Legally. You are dressed, moving, talking, but you cannot perform a legally significant action. Because in your surname instead of "ё" stands "e" and it turns out that we are talking about a completely different person.

For example, the birth certificate indicates the surname Gracheva, and a passport upon reaching the age of 14 was issued to you at Gracheva. All subsequent documents were issued on the passport, including a marriage certificate. You decide to take your husband’s last name, which requires, among other things, a birth certificate. Everything pops up here. After all, only Grachёva, a citizen, exists legally - a born person was recorded under that name.

Similar examples can be many and much simpler. Say, you, citizen Pugachev, come to draw up the inheritance, only the will was drawn up in the name of Mr. Pugachev - the notary will refuse you. Complications may also arise in the privatization of housing, divorce and other transactions.

According to statistics, about 3% of Russian citizens in their surnames, first names and patronymics have the letter “ё”. Accordingly, more than four million people may face problems similar to those described above. Unfortunately, we cannot rule out their occurrence. Documents are executed by people. Many of them can write “e” “e” instead of “e” with absolutely no intent, 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 had come from. Summarize my studies briefly formulate below, and those who want to immediately go to practical recommendations, read.

2. The history of the letter "ё"

So, the birthday of the letter "ё" is considered to be November 29 (November 18 according to the old style) in 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 in two letters, which used to be the case with respect to the sound "ё".

In the print of the beech “ё” first appeared in 1795, but by the end of the 19th century it began to be supplanted by the letter “e”, which had an economic justification. The fact is that the use of a “dotted letter” caused additional material costs with the letter or linotype typing.

At the beginning of the Soviet period, the use of the letter "ё" was still optional. This is evident from the decree of the People's Commissar of Education A.V. Lunacharsky, published 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 prescribed its mandatory use in school practice.

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

IV. Letter y

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

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

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

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

Although nothing is said directly about names and surnames in this section, it seems that they should be attributed to clause 2 § 10, namely, when it is necessary to indicate the pronunciation of a little-known word. What ultimately differs in essence the name of a geographical object from the name of a person?

The first point is also suitable - the need to prevent incorrect reading of the word. In particular, it is on this basis that it is indicated in the letter on the decisions of the Interdepartmental Commission on the Russian Language of 05/03/2007.

On May 20, 2005, Federal Law dated 01.06.2005 No. 53-ФЗ 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, inter alia, in:

“1) in the activities of federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation, other state bodies, bodies of local self-government, organizations of all forms of ownership, including office management activities;

8) when preparing documents proving the identity of a citizen of the Russian Federation, with the exception of cases provided for by the legislation of the Russian Federation, making forms of certificates of state registration of acts of civil status, drawing up documents on education and (or) qualifications established in accordance with the Federal Law of December 29 2012 N 273-ФЗ "On education in the Russian Federation" of the sample, as well as other documents, the design of which in accordance with the legislation of the Russian Federation 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, postal money transfers; ”

As we said in the introduction, the Russian alphabet officially consists of 33 letters, one of which is the letter "ё". 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 of 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, "spelling the letter" e "instead of" e "and on the contrary, in the surname, name and patronymic does not distort the data of the owner of the documents, provided that the data on the basis of which you can identify the person in such documents are consistent.

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

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

Now we come close to the question of what to do if you encounter problems associated with the 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. Properly justify your position. Perhaps this will save you from the tiresome challenge process. Moreover, a number of documents can simply be redone without resorting to any litigation. For example, if an erroneously indicated “e” is found in the passport instead of “e”, you can simply replace the passport. Moreover, if the error arose through the fault of the official, then the replacement is free of charge, regardless of the time when the error was discovered.

In some cases, a judicial perspective is indispensable.

It will be necessary to appeal 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 peculiarities depending on which document the mistake was made.

Establishment of legal facts

So, the courts resolve issues of establishing facts of legal significance. Such facts, including, but not limited to, the fact that title documents belonged to (with the exception of military documents, a passport and certificates issued by civil registration authorities) of a person whose name, patronymic or surname indicated in the document do not coincide with the name, patronymic or surname of this person indicated in the passport or birth certificate.

Proceedings in such cases are instituted by filing an application. However, a prerequisite is the impossibility of the applicant to obtain in another way the appropriate documents proving these facts, or if it is impossible to recover the lost documents. So, in connection with the non-compliance with this condition, the requirements of S. Kochkarev were refused. The Supreme Court of the Russian Federation indicated (Decision of the Supreme Court of the Russian Federation of 09.02.2016 No. 20-KG15-23):

“From the materials of the case it is clear that in the Ministry of Internal Affairs in the Republic of Dagestan to make corrections to the certificate received by the applicant on February 27, 1998 on rehabilitation (indication of the applicant's middle name) or the issuance of a new certificate Kochkarev S.A. did not apply.

He did not submit any information about the impossibility of the applicant receiving a certificate of rehabilitation in a different (non-judicial) order.

Thus, the conditions necessary for establishing the fact of belonging to S. Kochkarev there were no certificates of rehabilitation, the specified fact was not subject to establishment in accordance with Chapter 28 of the Civil Procedure Code of the Russian Federation. ”

Thus, the trial in the manner prescribed by Ch. 28 of the Civil Procedure Code of the Russian Federation, it will be made, if necessary, to establish belonging to a person, for example, a certificate of inheritance, a work or pension book, a document of education, a certificate of employment, etc.

Consideration of cases on making corrections or changes to the records of acts of civil status

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

Based on the results of the consideration of the application, the civil registry office draws up a conclusion on making corrections or changes to the corresponding record. One of the grounds for such a conclusion is the presence of incomplete or incorrect information, as well as spelling errors. It seems that the spelling of "e" instead of "e" is an example of such an error.

A refusal to make changes indicating the reason must be submitted in writing and may be appealed in court (part 5 of article 72 of the federal law of 15.11.1997 No. 143-FZ “On Civil Status Acts”).

Consideration of cases on making corrections or changes to the records of acts of civil status is regulated by Ch. 36 Code of Civil Procedure of the Russian Federation. The basis for initiating proceedings in the case is a statement in which it must be indicated what is the incorrectness of the record in the act of civil status, when and by which body was refused to correct or change the record. Of course, a refusal must be attached to the application.

Thus, the trial in the manner prescribed by Ch. 36 of the Civil Procedure Code of the Russian Federation, will be made if necessary to amend the birth certificate, marriage or divorce, establishment of paternity, name change, etc.

The law also provides for a special procedure for examining applications for committed notarial acts or for 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 a happy owner of the letter "ё" in your surname, name or patronymic.

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

- if the document can simply be redone, redo it,

- if the document cannot be redone, 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 you couldn’t agree, contact the court (there are a lot of options with which particular requirement, it depends on the specific circumstances).

3) Let's start from the fact that in the Russian alphabet there are still 33 letters and we will not forget to put magic dots when it comes to the letter “ё”.

Sources and comments:

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

In preparing the material used
reference legal systems "Consultant Plus"

Letter of the Ministry of Education and Science of Russia dated 01.10.2012 No. IR-829/08 "On the spelling of the letters" e "and" e "in official documents"

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

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

The Russian Ministry of Education and Science reports that the judicial practice in this case is based on the fact that, on the basis of the above rules, the spelling of the letters "e" and "e" is equal. Writing the letter "e" instead of "e" and vice versa in the surname, name and patronymic does not distort the data of the owner of the documents, provided that the data on the basis of which you can identify the person in such documents are consistent. In addition, judicial precedent when considering cases of making corrections or changes to the records of acts of civil status is allowed in favor of the applicant (plaintiff).

Here is the text of the letter:

MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION

ABOUT THE LITERATURE OF THE LETTERS "E" AND "E" IN OFFICIAL DOCUMENTS

The Ministry of Education and Science of Russia has repeatedly received citizens' appeals on the spelling of the letters "e" and "e" when drawing up documents proving the identity of a citizen of the Russian Federation, preparing letterheads of state registration of acts of civil status, drawing up documents on education issued by state-accredited educational institutions , as well as other documents.

Federal Law of June 1, 2005 N 53-ФЗ "On the State Language of the Russian Federation" (hereinafter - the Law) enshrines the right of citizens of the Russian Federation to use the state language of the Russian Federation.

Section 3 of the Law defines the areas of use of the state language of the Russian Federation, which include, among other things, the execution of documents proving the identity of a citizen of the Russian Federation, the production of forms of certificates of state registration of acts of civil status, the execution of documents issued by state-accredited educational institutions, as well as other documents, including spelling of proper names.

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

Pursuant to 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 Using It as the State Language of the Russian Federation, Rules of Russian Spelling and Punctuation" and Based on 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 containing the norms of the modern Russian literary language for for use as a state language of the Russian Federation (registered by Ministry of Justice of Russia August 6, 2009, registration N 14483).

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

Earlier, the Ministry sent regional executive bodies guidelines on the use of the letter "ё" in the spelling of proper names (letter of May 3, 2007 N AF-159/03), which drew attention to the fact that the cause of distorted entries in the passport and other documents ("e" instead of "ё" and vice versa) there may be non-observance of the requirement for the mandatory use of “e” established by the Rules in cases where an incorrect reading of the word is possible. Proper names (including surnames, first names, patronymics) refer to this case, therefore, the use of the letter "ё" in them should be mandatory.

Judicial practice in this case is based on the fact that, on the basis of the Rules, the spelling of the letters "e" and "e" is equated. Writing the letter "e" instead of "e" and vice versa in the surname, name and patronymic does not distort the data of the owner of the documents, provided that the data on the basis of which you can identify the person in such documents are consistent.

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