Introduction and Service Overview
In the modern legal environment, where any dispute relies on evidence, the timely and undeniable documentation of facts is of paramount importance. There are frequent cases where a physical circumstance that could become the basis for a future lawsuit or claim is temporary, changeable, or easily destructible. For example, water leakage caused by a neighbor, a crack on a building's wall due to nearby construction work, or the damaged condition of contracted goods in a warehouse. In such times, before the injured party initiates a court dispute, it is essential to record these circumstances in a way that the opposing party cannot deny them later. This is exactly the purpose of on-site documentation of factual circumstances and protocol preparation (Constatation)—a specific legal service carried out by the National Bureau of Enforcement or an authorized private execution officer at the request of an interested person.
Constatation is a state-delegated function that ensures an objective, impartial, and legally flawless recording of facts. The drafted protocol possesses the highest evidentiary value (the status of a public document), meaning the court accepts it as an undisputed fact unless proven otherwise. This service protects the interests of citizens and businesses, saves them time, and simplifies the process of claiming damages.
What the Fact-Finding Service Covers
This service involves several stages and complex operational activities. First, a lawyer helps the client determine exactly which factual circumstances need to be documented and prepares a reasoned application addressed to the enforcement bureau. Upon receiving the application, the execution officer immediately goes to the specified address (the site). Upon arrival, the execution officer conducts a visual inspection of the circumstances. It is important to note that the execution officer does not make legal or expert conclusions (for example, they do not determine the exact financial amount of the damage or the cause of the crack); they merely describe what they see and perceive through their senses.
During the documentation process, along with textual notes, technical means are actively used: photography, video recording, audio recording, and measuring work. These materials are attached to the main document—the Fact-Finding Protocol. The protocol details the date, exact time, location, the identities of the attendees, and the documented circumstances. The service concludes with the official handover of this protocol to the client (the applicant), who can subsequently use it in court, with an insurance company, or in any other dispute.