REMOVAL FROM THE PLACE OF REGISTRATION

Today, deregistration of a place of residence is a rather complicated procedure. To a large extent, this is influenced by the state of war. The fact is that this legal regime restricts the right of a person to freely choose his place of residence. This means that military administrations are authorized by separate orders to limit the right to remove people from registration. Restrictions also apply to staying in certain territories. Therefore, the procedure for deregistration of the place of residence has changed significantly. However, some general features remain relevant. Let's consider this question in more detail.

Ways and features of the deregistration procedure?

First of all, an application for deregistration of the place of residence is required from the person who plans to do so. It can also be an application for departure to a permanent place of residence. When it comes to a foreigner or a stateless person, there may be an application based on a document that has expired. This often happens when a foreigner plans to return to the country of his citizenship.

Sometimes questions arise as to whether it is possible to remove a person from registration without his consent. Of course, it is possible to do this based on the relevant application submitted by the home owner. However, often such a situation requires a judicial review of the case. So, if we talk about the ways by which removal from the place of registration takes place, then these can be extrajudicial and judicial options. When it comes to deregistration of a place of residence without consent, it is mostly about the second of these formats. An exception is the situation when the home owner has a passport and a certificate of personal identification number of the person he plans to remove from the place of registration.

As for deregistration of the child's place of residence, the initiators of such a decision can be not only parents, but also the service for children. For example, this happens in case of adoption.

How does the procedure work?

When a person voluntarily consents to deregistration, he submits an application and accompanying documents for deregistration of his place of residence to the executive committee of the relevant council or TsNAP at the place where the residence is located.

If there is no consent, but the owner of the house managed to deregister the person in the presence of documents, this is not a 100% guarantee that the court will definitely be avoided. Such a person can apply to the court if there were reasons not to remove him from the place of registration.

What changed with martial law?

Before the full-scale invasion of Russia, it was possible to deregister through the Diya portal. However, this option is currently unavailable, which is due to the peculiarities of military accounting and mobilization processes in wartime.

Judicial procedure for deregistration

In such a case, the owner files a statement of claim, attaches a copy of his passport and certificate of individual tax number, attaches a document on ownership of real estate and its technical license. He also pays the court fee. When the decision enters into force, there is a reason to apply to the Central Administrative Court for the location of the real estate.

If you need advice on the topic of deregistration, the team of the "Prikhodko&Partners" law office will guide you in all relevant aspects of the legal regulation of issues important to you. We will also represent you in court, if you have a request specifically for the judicial format of resolving the situation.