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Every citizen has the right to move freely around the country and independently choose their place of residence. But, at the same time, he should not violate the migration regime, and register at the place of stay or place of residence on time.

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What is this

In Russia there are 2 types of registration, that is, registration - at the place of residence and at the place of stay - permanent and temporary, respectively.

1. Registration at the place of residence is registration for a certain period. That is, a person arrived in the region for a while, but his period of stay exceeds 90 days , so he must register.
2. Registration at the place of residence is registration at the address where a person permanently resides and receives various social services.

It is necessary to comply with the legal deadlines for migration registration. Otherwise, the citizen will face a fine, which must be paid, otherwise he will not be able to register anywhere.

Statement of claim for the discharge of a person with temporary registration without his consent

General requirements for the content of the statement of claim are contained in Art. 131 Code of Civil Procedure of the Russian Federation. The name of the eviction action varies:

What is your registration?

Registration at the place of residenceRegistration at the place of stay

• if a person lives in an apartment, the title contains the wording “On recognition of the defendant as having lost the right to use the residential premises”;
• if a person does not occupy the premises and has not tried to move in, the title of the claim will be “On recognition of the defendant as not having acquired the right to use the residential premises.”

Interesting article: Is it possible to check out of an apartment using a power of attorney?

The document contains information:

• name of the judicial authority;
• FULL NAME. plaintiff with year of birth and place of registration;
• FULL NAME. defendant, date of birth and place of registration;
• name of the third party (registration department);
• information on ownership of real estate (residential premises);
• data on the moment of temporary registration of the citizen;
• claim against the defendant;
• circumstances justifying the applicant’s claims and the evidence base;
• conducting a procedure for peaceful resolution of the problem and evidence of actions;
• direct statement of requirements;
• list of documents in the application;
• date of compilation and personal signature.

A sample form for filling out a claim can be found here. The claim form can be downloaded here.

If there are several owners of shared ownership, only one person applies to the court, who indicates his data in the header of the application. Information about other owners is specified in the text of the document. The owners appear in court as third parties.

Legislation

Registration of Russian citizens and for foreign citizens is regulated by the following legislative acts:

• Law of the Russian Federation of June 25, 1993 No. 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”;
• Government Decree No. 713 of July 17, 1995 , which regulates the rules for registering and deregistering from migration;
• Federal Law of July 18, 2006 No. 109-FZ “On migration registration of foreign citizens and stateless persons”;
• The fine for lack of registration is provided for in Art. 19.15 Code of Administrative Offenses of the Russian Federation .

Duration of the procedure

A peaceful resolution of the issue of deregistration through the passport department will take 3 business days from the date of submission of the application. The request can also be submitted through the State Services service or the MFC.

Interesting article: How to obtain temporary registration for a child?

The trial period is allotted 2 months from the date of acceptance of the application (Article 154 of the Code of Civil Procedure of the Russian Federation). In difficult cases, the consideration is extended by decision of the chairman of the court for 1 month. Next, you need to wait for the court decision to come into force.

The time period is:

• 30 days if the defendant was present at the trial and did not appeal;
• 7 days if the defendant was absent from the hearing, received a copy of the decision and did not file a complaint;
• 40 days, if the temporary tenant was not at the hearing of the case, he was not given a copy of the decision and there is no response complaint.

Reasons

A citizen can be registered permanently or temporarily.

Permanent registration can only be issued in residential premises.

According to Art. 16 of the Housing Code of the Russian Federation, these include:

• private house or part thereof;
• an apartment or a share in it;
• room.

Temporary registration can be issued both in residential premises and in places of temporary stay of citizens.

This:

• hotels or hotels;
• sanatoriums or boarding houses;
• recreation centers;
• boarding schools and other social institutions;
• places of detention of citizens;
• other institutions.

You can apply for permanent registration:

• in your own living space;
• in rented residential premises;
• in premises occupied under a social lease agreement;
• from relatives, with their consent.

Check out from the apartment

Citizens of the Russian Federation have the right to freely change their place of residence. If the move is permanent, then you need to register at the new address. But, to do this, you need to cancel your registration at the “old” address.

With further registration

Previously, in order to register at a new address, it was necessary to register at the old one.

Had:

• visit the passport office at your previous place of registration;
• fill out the departure form, write an application and submit documents;
• then visit the passport office at the new address;
• fill out the arrival form, write an application and submit documents.

Now the deregistration occurs “automatically” when registering for migration at a new address on a permanent basis.

To do this you need to visit:

• FMS office at the new place of residence;
• visit the MFC at the new address;
• visit the passport office, which is “attached” to the new address.

You will need to write a corresponding application and submit documents for registration.

Without registering

You can be discharged from your apartment without having to register anywhere.

To do this, you need to visit the FMS or MFC department at the old address.

And submit the following documents:

• a statement with a desire to deregister at this address;
• your passport;
• fill out the departure form.

In large cities, this sheet is filled out “automatically” on the basis of the citizen’s passport by an employee of the MFC or FMS, who accepts documents for registration.

The procedure for simultaneous discharge and registration through the Federal Migration Service

Migration registration is handled by the FMS. It is this government body that conducts migration policy and records the movement of citizens.

In order to simultaneously register at the old address and register at the new one, you must visit the territorial office of the FMS at the new address.

You also need:

• application in form No. 6 ;
• applicant's passport;
• documents confirming the right to use or own the premises where the applicant wishes to register;
  

  This can be either an extract from the Unified State Register stating that the applicant owns the premises, or a social tenancy agreement.

• if registration is not in your own apartment, then you need the consent of other owners or the consent of others permanently registered in this apartment.

There is no need to fill out the departure form or arrival form. This will be done by an employee of the Federal Migration Service, who will accept documents for registration, based on the passport and documents for the premises. There is also no need to make copies of documents yourself. This will be done by a FMS employee. He certifies them with a seal and his signature.

Do you want to know whether registration is required to enroll your child in kindergarten? Read about this in the article: Do you need registration for a kindergarten? What fictitious registration is is written here.

Deadlines

To register at a new place of residence, there are special deadlines that a citizen must comply with.

That is, within 7 days after moving to a new place of residence, he must visit the FMS or MFC office and submit documents for registration.

If he does not do this within a week, he will be fined under Art. 19.15 Code of Administrative Offenses of the Russian Federation , and until he pays the fine, registration will not be issued.

But this does not apply to a situation where a citizen was discharged “to nowhere”, that is, he was deregistered at his old address, but did not register at the new one, since he did not intend to do so. At the same time, he does not move to a new place of residence.

A citizen who did not manage to register for migration at a new place of residence 7 days But he can do this only if it happened for good reasons. For example, when moving, an accident occurred and the applicant ended up in hospital for a long time.

Challenging the decision is possible either with the higher authorities of the FMS or in court.

In any case, you must provide evidence that the violation of deadlines was unintentional. For example, present an extract from the hospital.

Extract from a person liable for military service

A person liable for military service, when moving to a new place of residence, must notify the military registration and enlistment office about this.

But he does not do this on his own, but through the FMS, which deals with migration registration of citizens.

The person liable for military service must:

1. visit the FMS or MFC at your new residential address; 2. submit the documents required for re-registration.

This:

• application on form 6 ;
• your passport;
• documents for housing in which the person liable for military service will now be permanently registered.

Form 9 from a FMS or MFC employee ; 4. visit the military registration and enlistment office at your old residence address and deregister here.

For this you need the following documents:

• passport;
• registration card according to form 9 ;
• registration certificate or military ID;
• write an application, which will be stamped by this military registration and enlistment office.

5. Now you need to visit the military registration and enlistment office at the new address, and submit here the same documents as at that military registration and enlistment office, plus documents for the premises in which the person liable for military service will now live.

Now the person liable for military service is registered at the new place of residence and is registered with the military.

Simplified procedure

If registration and deregistration takes place within one region, then the procedure can be somewhat simplified.

The procedure is as follows:

• you need to contact the MFC at your new residential address;
• fill out 2 applications - for departure and arrival, that is, deregistration and registration;
• submit other documents;
• After 5 - 10 days, pick up your passport, which will have a registration stamp.

To further simplify the procedure and avoid standing in line at the MFC or the Federal Migration Service, you can register through the State Services portal . The citizen’s personal presence will still be required, but he will be accepted without a queue.

Don't know how much you will have to spend upon registration? See the article about this: state registration fee. Details about what is registration in an apartment? Read more about this here.

Don't know where to register? Read about it here.

The procedure for discharging a person with temporary registration

The process of depriving a resident of registration at the place of residence is associated with a certain algorithm of actions. In the event of further legal proceedings, the owner must have evidence of compliance with the formalities.

Expiration of registration period

The expiration of the lease agreement, which served as the basis for temporary registration, will allow the issue of deregistration to be resolved peacefully. The law does not provide for unilateral extension of documents of this kind.

Procedure for the owner of a residential premises:

1. Appeal to the department of the Main Directorate for Migration of the Ministry of Internal Affairs of Russia. The owner must appear at the local migration authority (formerly the Federal Migration Service) to write an application or submit an application through the State Services portal.
2. Drawing up an application. The legislation does not establish a fixed form for such a statement. Government agency employees will provide a sample.
3. Submission of documents. The application will need to be accompanied by:
   copy of passport;
4. certificate of registration of ownership of residential premises or an extract from the Unified State Register of Rosreestr;
5. rental agreement (lease, free use).

If there are several owners, the application indicates the claim on behalf of all owners.

Voluntary deregistration

A conflict-free way to solve the problem is to invite the tenant to leave the apartment (private house) without the intervention of government authorities.

Interesting article: Nuances of filing a claim for deregistration

Owner actions:

1. Write a notice. The document form is free. You need to provide as much detail as possible about your relationship with the resident. Ask to voluntarily vacate your home. An example of writing a notice can be found here.
2. Send notification. It is better to carry out the delivery procedure by mail. The document should be delivered by a valuable letter with an inventory.

If you refuse to move out or ignore the request, the owner will have evidence (inventory, check and notice) of an attempt to peacefully resolve the conflict before going to court.

Extract by court decision

Failure to resolve the conflict peacefully will result in an application to the district court at the defendant’s place of residence for forced eviction.

Algorithm for resolving a dispute in court:

1. Filing a claim. The application contains information about the owner, tenant and the object of the dispute. The number of copies must correspond to the number of participants. The minimum is 3 parties (plaintiff, defendant, migration service) and a judge.
2. Collection of documentation. The applicant makes copies of documents proving identity and ownership of the property. Receives certificates and extracts from the management company about residents, a power of attorney to hire a lawyer, etc.
3. Notification of parties of intent to litigate. The owner notifies all parties to the dispute about filing a claim in court by sending an application and copies of documents (except identification documents) through the post office by a valuable letter with an inventory.
4. Payment of state duty. According to the details that can be obtained at the court reception, you need to pay a fee. Attach the check to the documents intended for the judge.
5. Filing a claim. The application is submitted to the office of the district court at the address where the disputed apartment is located. Copies and originals (except for identification) of documents are attached to the claim. A court employee stamps the date and entry number on a copy of the applicant's claim.
6. Acceptance of the claim for production. Within 5 days, the judge will make a decision on whether to accept the application for consideration or reject it. The court will send notice of the progress of the claim to all participants.
7. Court hearing. At the meeting, the judge will consider the issue by hearing the arguments of the parties and the testimony of witnesses. If the defendant ignored the event or was unable to attend, the meeting will take place without him.
8. Making a decision. The judge will issue an order to evict the tenant after the document enters into legal force. The parties receive copies at the court office or by mail.
9. Defendant's statement. After the court ruling comes into force, the plaintiff is sent to the registration authority, where an employee, based on a court document, makes the appropriate notes in the house register.

From 10/01/2019, the obligation to notify interested parties about legal proceedings in civil proceedings is assigned to the plaintiff in accordance with Art. 132 clause 6 of the Code of Civil Procedure of the Russian Federation.