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Published: September 14, 2016
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In Russia, residential premises can be owned either by the citizen himself or by the state, its authorized bodies, organizations, firms, enterprises, etc.
A citizen can be both an owner and an employer. But only the owner or a person authorized by him can provide residential premises for use. The right to use the home appears only after the corresponding rental or lease agreement has been signed.
In our article we will tell you how the right of use can be lost, as well as how this happens.
- Loss of the right to housing and subsequent removal from the apartment Absolute
- Relative
- Automatic de-registration
Do I need to notify the military registration and enlistment office about a change of registration?
If you are going to go abroad for permanent residence, then you must de-register with the military registration and enlistment office at your previous place of residence. In addition, if you have not served in the army, in order to move to another country (sometimes in the case of a regular trip on a tourist package), you will also need a certificate stating that you are not currently subject to conscription.
This is personal experience. The last time I changed my registration, I was already out of conscription age, so they didn’t send me anywhere at all and my military registration status didn’t change.
Primary registration of the male population is assigned when its representatives reach the age of majority. The duration of the visit to the organization responsible for mobilizing the population is fixed in the agenda. Registration at the military registration and enlistment office when changing registration for citizens of military age and persons liable for military service must be carried out no later than two weeks after departure. Military registration is a system of registration of citizens liable for military service from among the mobilization reserve and resource and persons of pre-conscription and conscription age who are subject to conscription for military service in the ranks of the Armed Forces (Armed Forces).
Required papers
The process of completing registration is carried out through the passport department located at the Housing Office or at the Migration Department. To go through it quickly, without repeated requests, you need to prepare documentation in advance. List of documents for checkout from the apartment:
- • passport of a citizen of the Russian Federation;
- • excerpt from the state register (USRN) – property certificates have been abolished since July 15, 2020, previously issued certificates remain valid, but this paper is also required for real estate transactions;
- • social rent agreement – for municipal premises;
- • house register – when moving into a private house rather than an apartment building;
- • statement;
- • departure sheet (issued by employees along with other papers);
- • statistical sheet - only for certain groups of citizens, for example, those leaving abroad.
What do you need to remember when registering at the military registration and enlistment office for the first time?
The young man must provide information to the military registration and enlistment office about his new residential address within 2 weeks. If the change of registration is carried out within the same locality, then it is enough to come to the military registration and enlistment office with a passport and provide information.
You also need to take your belongings with you. The application is submitted to the secretariat of the military commissariat; after its acceptance, the conscript’s registration certificate is confiscated.
This is a very simple procedure - a man just needs to contact the relevant authority with an application for deregistration at his place of residence.
When traveling abroad for permanent residence or for a temporary period exceeding six months, a citizen of military age is obliged to personally notify the military commissariat employees. To be deregistered, you must write a statement explaining the reason for departure and indicating the country to which the young man is leaving.
Simplified procedure No. 2
A good way to avoid queues and wastage of time is to issue an extract and subsequent registration simultaneously through the State Services electronic portal. Of course, personal presence will be required in any case. But the initial application can be submitted online. It is processed within 3 days, as a result of which the applicant receives a notification of the appointed time to visit the Main Migration Department of the Ministry of Internal Affairs.
All actions related to paperwork, both through the State Services website and in person, are completely free. Employees are required to provide all the necessary information about what documents are needed so that the registered citizen can easily deregister and register.
Do I need to notify the military registration and enlistment office when changing my registration and how to do it?
An application for deregistration is drawn up in the name of the head of the military registration and enlistment office or the unit commander (for military personnel). It must also indicate the address of your new registration.
Only after a man has received a certificate stating that he has been deregistered can he apply for registration at a new address. A corresponding note about deregistration is also made in the passport.
All this must be done no later than 2 weeks after performing the above actions.
Federal laws dated August 22, 2004 N 122-FZ, dated December 3, 2008 N 248-FZ, dated March 9, 2010 N 27-FZ) (see text in the previous “edition”) 3.
Do I need to sign out from the military registration and enlistment office and address when moving?
Registration to a particular military authority is carried out in accordance with the citizen’s registration. Termination of relations with the military registration and enlistment office for those liable for military service is allowed only on legal grounds:
- departure for permanent residence outside the Russian Federation;
- transition to the age category of persons not subject to mobilization;
- medical indications;
- relocation to another locality for permanent or temporary (more than a month) place of residence with a change in registration address.
You need to not just leave an oral message, but visit the district military registration and enlistment office at your place of registration, writing an application for deregistration due to moving to another place for permanent residence.
According to the law, a young man is considered notified of his conscription into the army only if the summons is handed directly into the hands of the conscript against signature. Otherwise, the summons will be considered invalid, and the young man will not be notified.
The application for military registration is written directly at the military registration and enlistment office according to the sample provided by the employee who accepts documents and registers a new citizen liable for military service.
Likewise, in order to take into account potential military personnel, the military registration and enlistment office must have all the information about the registration or long-term stay of a man in another region.
Until February 2020, it was possible to register for military service only if you had registration. This was quite inconvenient for those young people and men who entered universities in other cities or moved for work and at the same time could not obtain registration in a timely manner. But draft evaders took advantage of a similar loophole in the law.
Extract using a power of attorney
Citizens do not always have the opportunity to independently run through the authorities. For such cases, it is possible to transfer your right to carry out legally significant actions to a trusted person.
Registrars are reluctant to work with powers of attorney - this is a common method of real estate fraud - so it would be wise to first clarify all the nuances of paperwork:
- • you can transfer the right to an extract on your behalf to a third party if there are compelling circumstances: serious illness, being in a medical facility;
- • there is no need to issue a general power of attorney to the assistant, which gives broad powers - the clerk works with those where the powers of the authorized person are specifically indicated;
- • the document must be notarized.
How to remove yourself from military registration when changing your place of residence
A non-privatized apartment is part of the municipal fund, which is transferred to those on the waiting list on the basis of use rights.
If you are planning to change your home, it doesn’t matter whether you are moving to the other end of the country or simply changing the area, be sure to notify the employees of the district military commissariat about this and write an application for deregistration. Sometimes the appearance desk requires some documents confirming departure: air or train tickets or a certificate of study (for students admitted to a foreign university).
To deregister, an individual writes a statement indicating the reason for deregistration and new location. In the absence of permanent or temporary registration, the military registration and enlistment office must provide a future address of residence. You can stay in Russia without registration for more than 90 days, according to Art. 9 Government Decree No. 713.
Registration at the military registration and enlistment office when changing registration pursues almost the same goals as providing data about the new place of residence to the FMS. This is done to control citizens of both military age and those in the reserves.
How to sign out from the military registration and enlistment office when moving to another city
Firstly, it makes it easier to find a citizen evading military service. Secondly, it allows for the rapid mobilization of armed forces. Thirdly, it allows for precise control over those liable for military service and providing data on their number in case of martial law. Many parents imagine that every police patrol during the conscription period poses a mortal danger. One day they will register you, call you up, and send you to Anadyr!
To deregister at your place of residence, you do not need to provide military registration documents. In accordance with paragraph 17 of the Decree of the Government of the Russian Federation of July 17, 1995
You are not fulfilling your military registration obligations, and responsibility for this is established in Art. 21.5 Code of Administrative Offenses of the Russian Federation.
Features of leaving an apartment
The procedure for forced eviction from a municipal or privatized apartment is slightly different. In the first case, even though the property is owned by the state, serious arguments are needed to deregister it. If the house belongs to a private person, and the tenant does not want to lose his registration, the owner can write him out through the court. There are few exceptions, including the minor age of the person registered.
From the municipal
A municipal apartment is a property that is owned by local authorities. They use it for social needs. People who cannot pay rent themselves are accommodated here. The apartment is rented on the basis of a contract or order.
Residents' rights are reduced to a minimum. They cannot sell the apartment, donate it, mortgage it, inherit it, or rent it out. The tenant is not allowed to do any redevelopment, but he is obliged to carry out routine repairs. Theoretically, as soon as the material or living conditions of the tenant improve, the authorities take the apartment.
The municipality does not have the right to unilaterally terminate the lease agreement and evict the tenant without court permission. For this reason, the tenant can be sure that he will live here as long as necessary, if he does not violate the lease agreement.
It is not easy to discharge a resident from a municipal apartment without the consent of the tenant; this can be done based on the following situations:
- Large debts for utilities (the employer did not pay for more than 6 months).
- Redevelopment without permission.
- Use of housing for other purposes (for example, as a workshop).
- Violation of public order - antisocial lifestyle, loud music at night.
- Damage to the apartment.
- No one has seen the resident in the house for more than six months. He left voluntarily, not temporarily (not because of study, work, or being in prison); no one is preventing his return.
All situations must be confirmed in writing. Before you are discharged from an apartment by court, they may impose a fine and put forward requirements, the fulfillment of which will correct the problem. For example, return the property to its previous appearance, behave normally, not disturb the peace of the neighbors, pay off debts.
In most cases, a resident is discharged based on not one, but a combination of several factors. Some citizens cannot be deregistered even through the courts.
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These include:
- Orphans.
- Minors.
- Pensioners by age.
- Disabled people of groups 1 and 2 who were injured during work or received an occupational disease.
- Relatives of employees of the Ministry of Emergency Situations, Department of Internal Affairs, customs, and penitentiaries who died or went missing in the line of duty.
- Family members of the deceased tenant.
From privatized
Real estate is considered privatized when housing has been transferred from state or municipal ownership to private ownership. The owners of the apartment can be everyone who is registered there, or one person if others have renounced their share in writing. You cannot discharge a tenant if he owns at least some share of the apartment.
It is not easy to deregister a person who was registered in an apartment during privatization, but did not want to become the owner. A citizen has the right to live in it indefinitely, even if the owner has changed over time. It is better to negotiate amicably with him about discharge. If a person lives here permanently and pays utilities, it is difficult to get rid of him even through the courts.
Extracting from a privatized area does not cause problems when:
- The apartment became private property, the tenant was not registered there, and was not included in the order.
- The person registered after marriage, and the housing was already privatized at that moment. After a divorce, the ex-spouse loses his registration and right of residence.
From what was received as a gift
When a person receives an apartment as an inheritance or gift, he has the right to discharge the tenants without their consent, but by a court decision. The reason may be a long absence from the place of registration, refusal to pay one’s share of the utilities against the backdrop of an increase in the amount of rent due to the person registered in the apartment.
Even through the court it is difficult to deregister in the following situations:
- The registered person has no real estate and has nowhere to go.
- The man was registered in the house before privatization and refused to register ownership of the property.
- Minor age.
- According to the gift agreement, there is a condition under which the tenant will not be deregistered.
Discharge of a minor child
In Russia, a person under 18 years of age is considered a minor. Until this moment, he is under the protection of official guardians. The state guardianship and trusteeship authorities monitor how they perform their duties. A child can be discharged only with their written consent.
The following must be kept in mind:
- A minor must be deregistered and registered together with his parents or guardians.
- If a child owns at least a share of the apartment, in order to register him after the sale of the house, the consent of the guardianship and trusteeship authorities is required. If not, parents can go to court.
- A minor child cannot be discharged anywhere. You must provide the address of your future place of residence. The conditions there should be no worse than in the previous apartment. If previously it accounted for 20 sq. m, then in a new house this figure should be no less.
- When a mother and/or father are deprived of parental rights, they are expelled from the apartment and may even be expelled. A minor child retains his registration and has the right to continue to live at the place of registration.
If the child is the owner of the apartment, the registration and sale of housing proceeds according to the following scheme:
- Parents contact the guardianship and trusteeship authorities to obtain consent for discharge. Submitted documents are reviewed within 2 weeks.
- If the answer is positive, a transaction is drawn up to sell the property and purchase a new home.
- Parents go to the passport office, where they submit an application and other documents for discharge. These are the mother’s and father’s passports, the child’s birth certificate, the consent of the guardianship authority, and a document on ownership of the apartment. If the child is over 14 years old, he writes the application himself, if not, one of the parents.
- After deregistration, the child must be registered in another apartment. To do this, you need to submit papers to the passport office at the location of your new address.
If the child does not own the home, the consent of the guardianship authority is not required.
List of papers for the passport office:
- statement;
- parent's passport;
- child's birth certificate;
- technical passport of new housing.
A child cannot be discharged from a municipal apartment without obtaining the consent of the guardianship authorities.
To be given, two conditions must be met:
- The child will be registered in the new home with at least one parent or legal guardian.
- The living conditions there are no worse than at the previous place of residence.
Is military registration necessary when moving?
If it is impossible for the specified employees, managers or officials to serve summons on citizens subject to conscription for military service, ensuring their arrival at events related to conscription for military service is entrusted to the relevant internal affairs bodies based on a corresponding written request from the military commissariat. 3.
In case of early termination of educational relations, the organization carrying out educational activities, within three days after the issuance of the administrative act on the expulsion of the student, issues a certificate of training to the person expelled from this organization in accordance with Part 12 of Article 60 of this Federal Law.
PS These tips are given for the “dry and comfortable” set, i.e. in this case you act in absolute compliance with the law. Any attempts by officials to “undermine” can be solved even by a C-level law student.
Data on citizens accepted for military registration or removed from it are entered on the same day into the journal for recording the movement of conscription resources and into the database of personal records of conscripts.
In this case, registration can be completed later without fail, since living without it for more than three months is considered an administrative offense. A citizen without registration in his passport can be fined 5 thousand rubles. in Moscow or St. Petersburg and by 3 thousand rubles. in all other regions of the Russian Federation.
I may not have permanent residence there yet since I’m going there to study, but I’m getting a long-term visa to the host country and will essentially spend more than 5 years there studying, so to speak) What should I do in such cases?
The issue of exemption (temporary or permanent) from military service when a conscript leaves the Russian Federation is decided personally by the military commissar.
Second question: if not, is it necessary to be removed from the military register? Or how to do it better. Please help me with this issue, thank you in advance!
How can I register with the military registration and enlistment office?
When a citizen leaving the Russian Federation for a period of more than six months is removed from the military registration, he submits an application for removal from the military registration in connection with departure from the Russian Federation (the country is indicated), his identification is confiscated, which is attached to the conscript’s personal file. The conscript is issued a certificate. When a conscript permanently residing outside the Russian Federation reaches the age of 27, his personal file is destroyed in accordance with the established procedure.
Having arrived at your new place of residence, you are obliged to register with the military within 3 days.
Conscripts are subject to an additional medical commission, and if necessary, they go through it completely again to determine their state of health and level of suitability for military service. After all the nuances, a date is set for the next visit to the military registration and enlistment office for the commission, provision of certificates for deferment, if the person is studying, or for sending to the army.
Moving to a new place of residence with a change of registration (registration) is accompanied by deregistration from the military registration office at the military registration and enlistment office to which the citizen was assigned, and registration at the military registration and enlistment office at the new address.
Thousands of clients of the Conscript Assistance Service have received exemption from military service for health reasons without breaking the law. The State Duma is considering a bill to increase the fine for lack of military registration at a new place of residence to 3 thousand rubles. The final reading of the law is scheduled for the fall.
Discharge of the child, is there any part of the living space?
If necessary, you will have to obtain permission from the guardianship and trusteeship authorities. Prepare the following documents:
- • personal identification papers of parents and child;
- • certificate of title to this property and technical documents for the premises;
- • certificate of family composition;
- • documents on the sale of housing.
After checking the data and determining that the interests of the minor are not violated, the guardianship authorities give permission for the procedure.
After the purchase and sale transaction, you need to contact the passport office, attaching to the application:
- • permission;
- • child's identity card;
- • certificate of ownership of new housing.
