Is it possible to expel a minor child from an apartment?

When changing their place of residence, citizens must register at their new address. But first you need to check out from your previous place of residence. Deregistration (extract) is an operation that notifies the Ministry of Internal Affairs that you have changed your place of permanent residence. The discharge procedure is regulated by the laws of the Russian Federation.

There are several organizations where you can contact to receive this service:

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• passport office (department of the Ministry of Internal Affairs for migration issues);
• public services portal - Gosuslugi.ru;
• multifunctional center (MFC);
• embassy or consulate - for citizens of the Russian Federation living outside its borders.

When registering temporarily, there is no need to check out, because it will automatically become invalid if it is renewed in time.

Extension is, in essence, re-registration for migration at the place of stay. You can find out all the details about how to apply for temporary registration here.

Today, perhaps, the easiest and least labor-intensive way to check out of an apartment is to do it through the MFC. There are nuances regarding de-registration of a residential property, depending on who wants to be de-registered and who owns the property. In this article we will analyze the procedure for discharge through the MFC, its special cases, and also how we will consider discharging a citizen without his consent.

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Registration through State Services

In our article you will learn how to check out of an apartment and register at the same time at another address through State Services in 2021.

Important to remember! A citizen is given only 7 days after being discharged from an apartment to apply for registration in a new one. If nothing is done, the citizen will receive an administrative fine of up to 3,000 rubles.

1. Is it possible to simultaneously check out and register at a different address on State Services?
2. What documents will be required?
3. Step-by-step instruction

Still have questions?

Consult a lawyer (free of charge, 24 hours a day, seven days a week):

Attention! Lawyers do not make appointments, do not check the readiness of documents, do not advise on the addresses and operating hours of the MFC, and do not provide technical support on the State Services portal!

Discharge of a minor from a living space is a complex process that requires high awareness of the legislative framework of the identified issue.

And also compliance with all conditions of the guardianship authorities, if the child is small.

The main features of this process are the form of ownership of the living space.

How to sign out via State Services yourself

The registered person can independently de-register at any time. And it doesn’t matter who the owner of the property is, his consent is not required for the procedure.

In general, there are no obstacles to the procedure. You can be discharged if you have utility debts, if you have not informed where the citizen will be registered afterwards. So, you can go to State Services and sign out at any time. More precisely, submit an application for deregistration at the place of residence.

If you plan to register in another place, which is why you are filling out an extract, then you can simply register at a new place, the extract from the old one will take place automatically within 3 days.

How to check out of an apartment through State Services:

1. The procedure is performed from your confirmed account. The required section can be found through a search by entering “Deregistration” into it. The system will display suitable sections. In our case, we are talking about permanent registration, so we choose the option of withdrawing at the place of residence.

2. The government service page will open, where the algorithm of actions and what documents are needed (in our case, only a passport) will be described step by step. After reading the information, you need to click on the “Get service” button.

3. An application form opens, which you need to fill out. First of all, the applicant indicates who will be discharged. In our case, he himself. Below, the system itself registers the citizen’s data, which is already in the account on State Services.

4. Next, the system will ask you to indicate your current registration address and a new one, if known. If not known, you can mark “no” and not indicate anything.

5. Indication of the reason for discharge. In this case, it is necessary not only to note the reason, but also to indicate its basis. It is convenient that the basis document is immediately indicated by the system. After selecting an option, a field will open where you need to enter data.

6. Next, the system will ask you to answer some questions. Whether the applicant is a citizen of another state, whether he previously had another citizenship, information is needed about the place of employment, social security, education, marital status, etc. Just fill out all the fields of the online application.

7. The next step is to select a department of the Ministry of Internal Affairs where it is convenient for you to go to complete the discharge procedure through State Health Insurance. You indicate the region of your location, the system opens a map with branches available for selection. You can choose any convenient one.

8. After specifying a convenient department of the Ministry of Internal Affairs, the system will indicate detailed information about it and its work schedule. If the registration form for a specific date and time does not open, it means that the reception is being carried out in a live queue mode.

Finally, the applicant agrees to the processing of the provided data and submits the application for consideration. You can track his “fate” in your personal account on State Services.

Some facts

If you do not want to pay fines and be able to exercise your civil rights, then it is preferable to keep the period of being without registration to a minimum.

The provision for a fine is enshrined in law, and therefore it will have to be paid not only in the event of a long absence of registration, but also for delaying the seven-day period allotted for new registration. If a person stays at a new temporary place of residence for more than three months, then he is also required to register.

How to discharge a person from an apartment through government services? Step-by-step instruction

Filing an application to remove a person from an apartment through State Services is available only to authorized users. If a citizen has a personal account, then it must be created. To register, you will need your passport details, INN and SNILS. To receive a wider range of services, you will need to go through an identity verification procedure.

If a personal account has already been created, then to check a citizen out of the apartment you will need to perform the following steps:

• Visit the website gosuslugi.ru.
• In the upper right corner, click on the “Personal Account” button

• Next, to authorize, enter your email or phone number, and enter your password. Click "Login".

After the main page opens, you must select the “For citizens” option, and also click on the “Service Catalog” button.

Next, from the presented list of services you need to select the item “Passports, registrations, visas”.

In the pop-up window, you must select the “Registration of citizens” item.

In the next window, in the “Electronic Services” list, select the item “Removal of a citizen from registration at the place of residence.”

In the next window, read the terms of provision of government services on the portal, and upon completion, click on the “Get service” button.

Next, indicate the type of applicant by checking the box above the current item.

The second and third paragraphs indicate personal information about the applicant and his passport information. As a rule, the fields are filled in automatically by the site.

Under point 3, you need to fill in the fields with information about your place of birth.

In paragraph 4, you must fully indicate the old address and date of permanent registration.

In paragraph 5, indicate whether there is a new permanent residence address.

In the special line of paragraph 6, indicate the basis on which a person is deregistered from registration at the place of residence.

In paragraph 7, indicate whether you have or have had a second citizenship.

In paragraph 8, provide additional information about the main reason for relocation, work, education, social security, as well as other personal information.

Next, in paragraph 9, indicate whether other persons live at the previous place of registration.

Then select the department to submit documents.

Please check that the information provided is correct.

Allow the processing of personal data, and also read the provisions on liability for intentional provision of false information. After that, click on the “Submit” button.

A notification about the status of the application is sent by email. Having processed the user’s data, the registrars will invite him to the selected department of the Department of Internal Affairs of the Ministry of Internal Affairs for an appointment with the original documents.

Required documents

Issues of registration and provision of living space for the offspring are dealt with by his immediate guardians. They are also responsible for providing papers to the civil service.

What documents are needed to obtain an extract? So, it is necessary to collect the following positions:

The last point implies some additional information, depending on the type of ownership of the property and the status of the teenager (whether he is the owner, sole owner or not).

To obtain the consent of the social service, they also need to send an application and a package of papers. Namely:

1. Applicant's identity card.
2. Identity card of a minor citizen.
3. Papers for the current living space.
4. Papers for a new living space.
5. Technical passports of the new home.
6. Personal account, which can be obtained at the passport office.
7. A certificate with a list of persons who will also be registered at the new address.

How to register a child in an apartment through government services: step-by-step instructions 2021

Registering a child through government services is optimal if the family has moved and is now in another city. Filling out the form will take a maximum of 10 minutes. The procedure consists of 4 steps.

Prepare documents

To register a child under 14 years of age the following is required:

• statement of the parent, adoptive parent or other official representative of the minor;
• child's birth certificate;
• passports of the minor’s official representatives;
• an act from the guardianship authorities establishing guardianship, if any.

Filling out an application on the portal

Having given consent to the processing of personal data, the visitor must fill out an application. It is important to do this correctly, since the presence of errors and inaccuracies will lead to a refusal to provide the service. You will have to spend time re-applying and wait for a new review.

To apply for deregistration from an apartment through State Services, you need to provide the following information:

1. Application type. Depends on the situation of the person applying.
2. Personal data: full name, date of birth, gender, email address, phone number. When registering on the portal, they are entered automatically.
3. Passport details. Also filled in automatically if entered during account registration.
4. Previous registration address.
5. New residential address, if available. If it is missing, the fields do not need to be filled in.
6. Citizenship information.
7. Reason for deregistration at place of residence. If none of the items apply to the applicant, you must select “Other.”
8. Additional information: about work, social security, marital status, education.
9. If a new registration address is being filled out, and one of the applicant’s family members is already registered there, their details should be indicated.

What difficulties might you encounter?

After an invitation to the department, it is important to clarify the reception schedule.
The main difficulty that users face is making mistakes when entering data. However, if such a situation arises, the portal provides the possibility of canceling the application.

On the other hand, not every department allows you to do this in your personal account on the site. If cancellation of an application for a specific service is not provided, then an application with errors will be automatically canceled according to the review period established by the regulations.

Thanks to the State Services portal, it is possible to avoid standing in long queues for appointments

The Public Services portal is in demand throughout Russia. Thanks to it, users protect themselves from personal visits to authorities and standing in long queues for appointments.

Algorithm of actions

In order to check out of an apartment through the government services website, you must first register there. When registering, fill out the data forms. Data verification usually takes from 3 to 15 minutes, after which the user is sent a password and login from their personal account.

Next, you need to make sure that you do not have utility debts - this can be done in a single account. After completing the registration procedure on the portal and checking the debt, you can proceed directly to check-out from housing (the right to remote check-out from an apartment is prescribed in Order 288 of the Federal Migration Service of the Russian Federation).

To do this you will need to repeat the following steps:

1. Go to the government services website.
2. Select “services for individuals” - “by department”.
3. Select the FMS window.
4. Next, in the list that opens, click the button on the left “Registering citizens of the Russian Federation at their place of residence.”
5. On the right there will be a description of the services, select the “deregistration” button and click the “receive service” button in the top right corner.
6. Next, a document confirming the verification of your personal information will appear in the main window. You must confirm your consent to data processing.
7. After consent, a form appears with personal data that you will need to fill out.
8. The next step is to fill in information about the apartment from which you need to check out and about the new place of residence (if known).
9. After filling out the data, you need to click the “submit application” button.

What to do if there is nowhere to register?

If there is no new place of residence, then temporary registration at the place of residence may be a solution. You need to temporarily register in such housing if you plan to live there for at least three months. However, in reality, things are such that few owners will agree to draw up such a paper.

You can also temporarily register at the following institutions:

• Social shelter;
• Boarding house for the elderly;
• Hotel;
• Holiday home or sanatorium;
• Boarding school for people with disabilities;
• Dormitory.

First of all, you should contact the social protection authorities, where you will need to explain the situation. They will help you solve your registration problem.

Can the owner discharge a registered child?

According to the requirements of the law of the Russian Federation, in order to comply with all standards and carry out the procedure without complications, you must adhere to the following rules:

1. Registration and discharge of a minor is carried out only in the presence of legal representatives (parents).
2. Extract from your own housing requires prior approval from the guardianship authorities at the location of the apartment.
3. If a person lives separately until his 18th birthday, the discharge is made with the consent of the parents.
4. The absence of children from the place of registration for a long time allows for discharge through the court.
5. Citizens deprived of parental rights cannot deny their minor citizen the right to use an apartment, if there is registration there.
6. It is not acceptable to register under 18 years of age without providing another address for registration.

Consequences of the “unregistered” status

Lack of registration brings with it social problems.

The citizen is interested in being registered immediately, because otherwise he will not have:

• medical care;
• policy;
• official workplace;
• kindergarten, school;
• benefits, benefits;
• there will be no opportunity to get a loan.

It may happen that you won’t be able to enroll in a public library, except that a person who has been discharged from nowhere may be allowed into the reading room.

If a citizen (family) is expelled, and the apartment is municipal property, then the right to participate in the privatization procedure is lost, for the natural reason that this right belongs to those who permanently reside in a particular place.

Is it possible to discharge a child?

Actually, it's possible. But with features.

Children under 14 years of age are registered at the place of residence of their parents, regardless of who is the owner of the residential premises in which they are registered. It is impossible to register such a child separately from his parents; his place of residence is the place of residence of his parents (Clause 2 of Article 20 of the Civil Code). Accordingly, it will also not be possible to discharge a child without them - if they retain their registration, the minor will also retain it.

Parents submit an application for registration at a new address or for deregistration at the old one, and that’s the end of it (clause 31 of the Rules, approved by Decree of the Government of the Russian Federation of July 17, 1995 N 713). The presence of the home owner is not required.

What if the child owns a share in the apartment - is permission from the guardianship authorities required? Or, for example, is this a municipal apartment? Or do parents refuse to voluntarily de-register their child? Let's look at the most common cases.

Consent of guardianship authorities: when and why

You can find a “horror story” online: they say that if a child owns a share in a home and the parents are planning to sell it, the removal of a minor child from the apartment upon sale is possible only with the consent of the guardianship authorities. Rave!

The approval of the guardianship authorities is indeed necessary, but only for the sale of such an apartment, because the share in it belongs to the child. Such transactions do require preliminary verification (Article 21 of Federal Law No. 48 “On Guardianship and Trusteeship”). But this has nothing to do with registration. Whether part of the apartment belongs to the child or not, whether the parents are selling it or they are moving to a new home for other reasons, the consent of the guardianship authorities for the discharge of a minor is not required!

Extract from a municipal apartment

Yes, the type of housing matters. The fact is that children, along with other residents of a municipal apartment, have the right to privatization, and, accordingly, a potential share in the ownership of it. Therefore, discharging a minor child from a municipal apartment without providing equivalent housing may be contrary to his interests. Courts, for example, may generally regard such actions as an arbitrary and unreasonable deterioration of the child’s living conditions, resulting in the loss of the right to privatization (decision of the Moscow City Court dated June 2, 2016 No. 33-21423/2016).

Therefore, if you are going to discharge a minor from a municipal apartment, initially coordinate this issue with the guardianship authorities. We see no other way out.

What if the parents don’t want to write it out or one of them doesn’t give consent?

So, only parents can voluntarily remove a child from the apartment, and with the consent of both of them. But what if they "go into failure"? Or does one of them, for example, an ex-wife, not give his consent?

In this case, you cannot do without a trial. Discharge of a minor child from an apartment according to the law (Article 7 of Federal Law No. 5242-1) is possible only if the right to use the residential premises is lost. Let’s say if the parents moved out because their lease agreement expired or they sold this apartment altogether. Then the court will easily recognize the child as having lost the right to use and discharge him.

But what if the child has not lost this very right? This happens if the parents divorced and the child remained to live with the mother, but was registered in the father’s apartment. Or, say, paternal grandmothers.

Divorce in itself does not terminate the child’s family relationship with his father or grandmother, and on this basis he retains the right to use the apartment (Clause 2 of Article 31 of the Housing Code). Therefore, he cannot be discharged even forcibly - only with the consent of both parents and only voluntarily. Even if he actually lives with his mother, this does not indicate that he has lost the right to use his father’s housing (Moscow City Court ruling No. 33-3058/2016 dated January 28, 2016).

Legal basis

The legislative framework for the protection of children's rights is structured and deeply thought out.

Any violation of the law entails serious consequences. In order to competently discharge a minor, it is strongly recommended that you first thoroughly study the regulations and documents devoted to this.

In particular, the following standards should be followed:

Also, the Housing Code of the Russian Federation establishes a provision according to which a subject under 18 can be registered without the consent of the owner.

There is a list of special Decrees of the Government of the Russian Federation and Federal laws that regulate the activities of employees of passport offices and other institutions working with children.

When a person reaches 14 years of age, he continues to be considered a minor. His rights and the protection of such rights are ensured by the same regulations as in the case of children under 14. Only upon reaching 18 years of age is a person considered an adult.

Is it possible to use State Services to check out of an apartment?

This portal provides the opportunity to complete this procedure, but for this the following requirements must be taken into account:

• official registration on the portal, which requires entering numerous personal information, passport data and other information, and you will additionally have to wait for confirmation;

See the list of documents for registration here.

• the ability to access the Internet and access the portal;
• knowledge about the old and new place of registration.

Features and restrictions for checking out of an apartment through the website

On the website, it is only possible to submit an application, on the basis of which a citizen will be discharged from a certain residential property.

To further carry out this process, you will still have to visit the FMS office.

Important! It is possible to send a representative with a notarized power of attorney to the department, so there is an opportunity not to waste time on this at all.

How to check out or register through the State Services website? Watch the video:

Citizens can submit an application through State Services in order to check out of an apartment provided that:

• the person must be over 14 years old;
• if it is necessary to expel a child under 14 years old from the apartment, then the parents or legal representatives must draw up the application;
• For incapacitated citizens, their guardians and representatives also handle the process;
• if temporarily registered citizens live in an apartment, then the owners of the apartments can deal with their deregistration if they are already 18 years old, but it will not be possible to deregister minors from their housing without the consent of their parents, since the presence of other housing is required for registration.

How to register on the site

Initially, you need to take care of registering on the State Services portal. This process is considered quite simple, since it only requires the citizen’s passport, his SNILS and contact information.

The entire registration process is divided into stages:

• a new account is created, and all entered information about login and password must be simple and memorable for the applicant;
• Personal and correct information about the citizen is entered, so passport and SNILS data are entered;
• Identity confirmation is carried out.

Important! Only after complete and correct registration is it possible to use the various offers and capabilities of this portal.

Deadlines and fines

Can I cancel my stamp and not register for a long time? The law dictates the norm - no more than ninety days . It’s not a fact that after this you will be fined (Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation, living without registration) - maybe you will not catch the eye of law enforcement for a much longer period.

But you should remember that it will not be possible :

• get SNILS and TIN;
• register an individual entrepreneur;
• receive subsidies and benefits;
• register your child for school or kindergarten.

Yes, and there may be problems with getting a new job - some companies have restrictions on registration.