WITHDRAWAL OF RESIDENCE REGISTRATIONS. PRACTICAL ASPECTS
There are two ways of resolving this issue: extra-judicial and judicial.
The easiest and fastest way – with the voluntary consent of the person to remove her from the registration of the place of residence in your living room. In this case, the person must submit an application to the executive body of the village, settlement or city council at the location of the apartment, or to the center providing administrative services at the location of the residential premises in which the registered person.
If a person can not submit an application on his / her own behalf, such action may be performed on behalf of the representative by power of attorney. The registration authority makes a decision on the day the documents are submitted and makes the information in the passport (or another document certifying the identity of the citizen).
At the request of a person, removal from registration may be carried out simultaneously with the registration of a new residence. In such a case, the person must contact the registration authority at the location of the apartment in which the person wishes to register. The administrative fee is paid for one service (and not separately for the withdrawal of registration of the place of residence and registration of the place of residence in another residential building).
If the person who is not a member of the owner’s family does not agree to the voluntary removal of the residence registration, you, as the owner of the accommodation, can apply to the above-mentioned authorities with a statement and documents confirming that you are the owner of the dwelling ( certificate of title to real estate, information certificate, etc.). The documents confirming your right to own a living room are grounds for the removal of the person from the registration of the place of residence.
It should be remembered that a person who, without her consent, was removed from the registration of a place of residence, may apply to the court. Consequently, the out-of-court order for removal from registration of a place of residence does not provide one hundred percent guarantee of the final withdrawal of a person from registration.
Another way to resolve the question of the removal of a person from the registration – judicial. The possibility of depriving a person of the right to use the dwelling and the withdrawal from registration in court depends on whether such a person belongs to the family members of the owner of the dwelling.
Situation 1. A person who the owner of the property wishes to deprive the right to use the living space (to withdraw from the registration) is a member of his family.
According to the norms of the Housing Code of Ukraine, the members of the family of the owner of the apartment are:
- The husband or wife of the owner, their children and their parents.
- Members of the family of the owner of the apartment may be recognized and other persons, if they permanently live together with the employer and lead a joint household with him.
Such a person may be deprived of the right to use a dwelling if she has not lived in this dwelling without compelling reasons for more than one year, unless otherwise agreed with the owner of the dwelling.
In this case, the owner of the apartment after the expiration of 1 year (if the residential premises are privately owned) or 6 months (if the living space is in communal or state ownership), after the expiry of the residence of his family member in this residential building, has the right to apply to a court with a suit on the recognition of a person who has lost the right to use the dwelling and to withdraw from registration.
However, the court in each individual case, at its own discretion, establishes the presence or non-reputation of the reasons for the termination of use of premises from a person who has not lived in a dwelling more than the established term.
Situation 2. A person who the owner of a home wishes to deny the right to use a dwelling is not a member of his family.
In this case, the owner of the living space at any time can apply to the court for the recognition of a person who has lost the right to use the accommodation and withdrawal from registration.
Such a rule is expressed in the legal position of the Chamber of Civil Cases of the Supreme Court of Ukraine in the case No. 6-709 / 16. The stated position of the Supreme Court of Ukraine was formed as a result of consideration of the statement by the owner of the apartment about the unequal application by the courts of substantive law.
Upon entry into force of a court decision, the owner of the residential premises must apply to the court and the application for the removal of the registration of the place of residence of the person to the registration authorities: to the executive body of the village, town or city council, at the location of the apartment, or to the center providing administrative services for the location of the residential premises in which the registered person is.
Posted by Anatoly Perepelchenko