The rights of citizens registered at a specific address are quite strongly protected by current legislation, and this is especially true for prison inmates.
First of all, this is due to the fact that, by law, any person has the right to housing and, accordingly, must have a permanent registration address, which will be listed as his main place of residence for government agencies. In this regard, it is quite problematic in some cases to discharge a person even from his own home.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
8 (800) 700 95 53
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FREE !
It is for this reason that many people think about how to discharge a person who is in prison, since it is not always possible to obtain consent from him.
Is it possible
In accordance with the current legislation, it is possible to cancel the registration of a person who was at the specified address until the moment of his arrest with subsequent transfer to a place of deprivation of liberty.
In this case, the discharge of citizens is carried out based on the requirements of the following legislative acts:
- Government Decree No. 713, issued on July 17, 1995.
- Administrative regulations of the migration service, which were approved in accordance with the order of the Federal Migration Service No. 288, issued on September 11, 2012.
- Law No. 5242-1, adopted on June 24, 1993.
It is worth noting the fact that the key requirement of each of the above legislative acts is the presence of a person’s personal desire to be discharged at the specified address.
As mentioned above, the rights of those convicted by current legislation are observed especially biasedly, since the government is trying in every possible way to limit the number of people left without a specific place of residence. In this regard, even with the support of a qualified lawyer, it is unlikely that you will be able to circumvent the current legislation.
Selling an apartment and other possible reasons for eviction
In the vast majority of cases, discharge is carried out so that the family gets rid of excessive utility payments, since in some situations the terms of imprisonment turn out to be quite long, but in fact there are other scenarios, among which, in particular, it is worth highlighting the sale or exchange of real estate.
It may also be that the convict himself is far from the most pleasant person, and therefore his relatives simply want to sign him out of a certain home in order to ensure their own safety.
In all of these cases, the judicial authorities may meet the family halfway or, conversely, refuse to make a positive decision, in connection with which a huge number of different subtleties also lead to the emergence of a whole series of new issues related to the need and accessibility of deregistration of a person in places of deprivation freedom.
What the Law Says
In 2014, a bill was issued that included a proposal to register convicts directly in the place where they are serving their sentences, but this procedure should not deprive them of registration at their main place of residence. This law has not yet been adopted, but the attempt to implement it is quite indicative.
In order for the convicted person to protect himself from any unwanted actions on the part of his relatives, he is given the opportunity, at the beginning of serving his sentence, to fill out an application indicating his retention of the right to housing that belongs to him, and this document must be submitted to the administration of his home. municipality.
The fact is that a person serving a sentence of imprisonment is deregistered, but this information is stored exclusively in the passport and visa service, and therefore relatives often hide this fact by subsequently registering new persons in the apartment.
Recent changes in legislation have ensured much more serious protection of the rights of convicts, and now they have the opportunity to legally defend their right to housing in court, even if during their absence relatives managed to somehow use the property.
Sample statement of claim for ejection from an apartment of a non-owner:
Is it possible to release a prisoner from an apartment?
It is worth making a reservation right away: it will not be possible to discharge such a relative forever. He can only be discharged for the period during which he serves his sentence. But when the person who has served his sentence returns home, he will have to be registered again - the Constitution protects him in the same way as any other citizen of his country. In addition, in addition to the Constitution, the “caretaker” is protected by Article 71 of the Housing Code of the Russian Federation, which says that “the temporary absence of a tenant of residential premises under a social tenancy agreement <...> does not entail a change in the rights and obligations under the social tenancy agreement” ( if the apartment is not privatized).
Situations when someone has to be evicted from an apartment are not uncommon. The main share of “discharges” are children who, after their parents’ divorce, leave the apartment of one parent for another, or former spouses themselves. However, there are other circumstances in life when, for example, relatives are faced with the question of “expulsion” from home of a family member who is serving time in prison.
Please note => Child benefit for a child under 18 years of age in 2020
How to discharge a person who is in prison
The standard option for deregistering a convicted person is to obtain voluntary consent from him, and this will be especially easy to do if the family is on good terms with this person.
It is enough for the prisoner to write a corresponding statement confirming his consent to further release. A copy of his passport is attached to this application, which must be certified by the head of the colony, after which the specified list of documents is sent to the passport office so that the person is deregistered.
If it is not possible to reach a peaceful agreement, you will have to take legal action. First of all, you will need to draw up a statement of claim and attach to it a copy of the guilty verdict, which has entered into legal force. In addition, along with the application, an extended extract from the house register and a certificate confirming the existence of ownership of the specified property are submitted.
During the trial, it is important to bring with you witnesses who can confirm the absence of the prisoner at the specified address, as well as the absence of any property rights. All this is not mandatory, but in practice it greatly increases the chances of a positive court decision.
If the housing belongs to the category of municipal real estate, the convicted person can be discharged only for the duration of his sentence. To do this, you will need to take the verdict and take it along with the application to the passport office. After he returns, he will have the opportunity to restore his own registration at the specified address, and if the owners sell or exchange the specified property, the former prisoner will be able to request registration at the new address.
Sample statement of claim to the court for removal from a municipal apartment:
Through the court
The situation with the lack of consent of the prisoner is more complicated, so in this case the discharge operation will have to be carried out in court.
The reason is that, in accordance with the norms specified in Article 7 of Law No. 5242-1, it is the court decision in this case that can act as the basis for depriving a convicted citizen of registration at his main place of residence.
In accordance with the order of the migration service No. 208, issued in 2007, the holding of a court hearing in this case does not provide for the mandatory presence of the punished person, but at the same time, many nuances may arise here that directly depend on the type of housing, as well as on the status of the convicted person, then whether he is the owner of the specified housing.
Where to check out of the apartment
The reasons may be different: selling real estate, moving, leaving for military service, eviction by court order, and others. Yes, there are no legal restrictions, but employees of the relevant authorities may require evidence of the possibility of subsequent registration if a person, for example, has minor children. There may be problems with discharge if there are rent arrears.
No. 5242-I “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”, the prisoner is registered at the place of stay in the colony (or in the correctional center) only after that. how he was deregistered at his place of residence. The decision to deregister is made on the basis of a court decision that has entered into force.
May 06, 2020 yurisaktobe 760
Share this post
- Related Posts
- What to Look for When Buying a Plot of Land
- About the timing of current repairs in the apartment
- Is it possible to take a vacation and then later go on maternity leave?
- Minimum monthly tariff rate from October 1, 18
Required documents
If the convicted person agrees to be discharged from the specified address, it will be enough to provide the following package of documents to the passport office to deregister him:
- a statement from the convicted person, in which he confirms his consent to deregistration;
- a copy of the convict’s passport, certified by the colony administration;
- statement from the owner of the property, if it does not belong to the convicted person;
- owner's civil passport;
- a copy of the verdict, which in this case will serve as the basis for deregistration.
Registration in a communal apartment does not give rise to ownership rights, as in all other cases. Documents for temporary registration are listed here.
In the vast majority of cases, difficulties arise precisely with obtaining the last document, since a copy of it is issued exclusively to the parties to the case. In this case, you will need to receive it from the hands of the convicted person himself or write a corresponding statement to the court indicating a request for the issuance of this paper, as well as an explanation of the reasons why the relatives needed it. In some cases, you can even speak personally with the judge or his authorized assistants in order to obtain the necessary papers.
If the convicted person refuses to be deregistered, the deregistration will be carried out with the following package of documents attached:
- a statement of claim indicating a request to remove the convicted person from registration;
- a copy of the civil passport of the evicted person, certified by the administration;
- an extract made from the house register;
- a certificate confirming the applicant’s ownership of the specified property or a executed social tenancy agreement.
In the vast majority of cases, the court independently requests a copy of the verdict, but it is best to try to provide it yourself along with the rest of the package of papers.
Sample statement of claim to the court for removal from the apartment of the ex-spouse:
Methods for discharging a convicted person from an apartment
How, and at whose expense, you became the owner does not invalidate the transaction. If the former owner does not consent to deregistration and is still in prison, then this is also not an obstacle to deregistration by the owner of the property. Everything is fine with you. With regard to prisoners, changes have been made to the Housing Code of the Russian Federation, “discharge” him.
Please note => How to notify about a residence permit in St. Petersburg
Good afternoon. Similar situations have already been discussed here. but nevertheless... The owner of the property, located in the IC, wants to sell his apartment. To do this, he calls a notary and issues a power of attorney to his brother for the sale. Later, to check out the apartment for sale, he again calls a notary to fill out applications for deregistration. accounting and power of attorney for representation on issues of extract and registration. But the Federal Migration Service does not accept these documents. The representative has the verdict in his hands, notarized statements and a power of attorney from the citizen who wants to be discharged... How to convince the FMS specialists? It takes a long time to appeal a refusal through court. The buyer of the apartment will not wait(.
Duration and cost of the procedure
To ensure the convenience of citizens, authorized bodies must carry out registration actions by accepting a complete package of necessary documents in a single window, and therefore it is worth going there along with all the required papers.
The deregistration procedure itself, in accordance with current legislation, should last no more than three working days from the date of filing the application, as this is prescribed in paragraph 22 of the Administrative Regulations.
Since the service itself related to deregistration of a person is a state service, the relevant authorities do not require any payment, and the state duty in this case is not provided for by law.
