Deregistration at the place of residence

Such a procedure as deregistration at the place of residence is prescribed in Russian legislation and is strictly regulated by legal acts. This can be done by a citizen who has specific grounds. Depending on the reasons for cancellation of registration, the corresponding requirements for the preparation of documents are determined and notification periods are established, which will be discussed in this article.

Who should be deregistered?

Deregistration by authorized bodies is carried out if there are grounds provided for by Decree of the Government of the Russian Federation of July 17, 1995 No. 713. The main reason why citizens of the Russian Federation are deregistered is to move to a new place of residence.

Based on a court decision, the registration of such categories of persons as those who are missing, those who have lost the right to use housing, or those who have provided false information is annulled. A court verdict may serve as the basis for the discharge of a convicted person from the living area. In addition, in the event of deregistration due to the death of a person, employees will require the presentation of a death certificate.

Representatives of indigenous peoples who lead a nomadic lifestyle and do not have a permanent place of residence, when transitioning to a sedentary lifestyle, can apply for the deregistration of their traditional homes in their place. Based on this application, employees make a decision to cancel the registration.

Litigation

They begin when a person loses the right to reside in a certain living space. The reasons for this are:

1. The citizen ceased to be a member of the family. More often, such cases are recorded after divorces.
2. A person moves out of municipal real estate and gets other housing. For example, it could be an apartment of smaller parameters if utilities were not paid.
3. Similar to clause 2. Only the person is not provided with another living space. This usually happens when the housing operation criteria are seriously violated.
4. The owner, on his own initiative, made a redevelopment and does not want to spend money and bring the housing to its previous condition. Moreover, the court obliges him to do this within a certain period.
5. The previous owner of the home lost it due to an illegal transaction.
6. The period of residence has expired.

The main requirement of the claim is deprivation of the citizen’s right to use housing. And deregistration is an additional point. It can be satisfied only if the court has a positive reaction to the main requirement.

Options for deregistration

There are several registration methods that Russians can use. Before moving, you can issue an extract at your old address, that is, get a stamp in your passport and a departure slip indicating the address of your new place of residence. Deregistration “upon request” is one of the ways by which registration in a residential premises is carried out. You should contact the territorial body of the Main Department of Migration Affairs of the Ministry of Internal Affairs or a multifunctional center. Advanced Internet users can use the State Services portal, for which they need to select the appropriate category on the site and follow the suggested steps step by step.

Deregistration at the place of residence in the traditional way

Citizens who have grounds for deregistration at their place of residence, for example, those who leave their place of permanent residence, must submit a corresponding application to the department of the Main Department of Migration of the Ministry of Internal Affairs of Russia or to a multifunctional center. A passport is a mandatory document that must be provided to employees of the institution you choose. According to the Administrative Regulations of the Ministry of Internal Affairs, the registration authorities are given 3 days to consider the application and cancel the registration. The result of receiving the service is a stamp in the passport about the discharge. During registration at the new place of residence, the applicant must provide an address sheet for leaving the old place.

Deregistration “on request”

Situations often arise when there is not enough time to register at the old place of residence. The legislation of the Russian Federation allows for the possibility of deregistration at the place of residence “upon request,” which is carried out within 3 days. When submitting an application for registration at a new address to the authorized body, you should apply for cancellation of the previous registration.

Through the State Services portal

Registered users of the State Services portal https://www.gosuslugi.ru/10050/3 can submit an application for deregistration online. To do this, you need to fill out the application form electronically, indicate the details of all documents and send it for verification. An invitation to visit the territorial body of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs during office hours must arrive in your personal account within 3 days. You should come with the original documents to the registration authority to verify the information provided, where a stamp on deregistration will be placed in your passport.

Which body carries out the accounting?

It is also important to contact the address, that is, the authority that has the authority to deregister/register.

Options to contact:

1. Housing office, if the apartment is part of the housing stock: state, municipal or special.
2. Board of a housing construction cooperative.
3. FMS.
4. MFC.

It is very important to understand that, regardless of the body to which documents are submitted, the FMS is responsible for extracting and registering citizens. The remaining bodies are intermediaries that help people who are deregistered to avoid very long queues.

Procedure for deregistration from migration registration

Regulatory legal acts establish the procedure for deregistration at the place of residence. A citizen is obliged to inform that he is moving to a new place by submitting the relevant documents with the application. The list of documents provided depends on the basis of the procedure, but an identity card will be needed in any case.

3 days after the citizen contacts the territorial body of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs or the multifunctional center, he is discharged from the residential premises, and a corresponding mark is placed in his passport.

And yet, how to deregister at your place of residence - this question may arise for those who move to a new place without canceling their registration at their previous address. It is worth saying that in such a situation, deregistration occurs at the time of submitting documents for registration in a new residential premises.

List of required documents

You can obtain information about what documents are needed to deregister at your place of residence at the territorial office of the Ministry of Internal Affairs of Russia or on the official website of the Ministry of Internal Affairs of the Russian Federation https://мвд.рф/. Their list depends on the reasons for deregistration and the category of citizens deregistered. In addition to the application, the list most often includes a passport or birth certificate.

When preparing an extract from the previous place of residence, the applicant is provided with a departure address sheet, which must be kept until registration at the new address. The document contains personal data, information about registration deadlines, as well as information about where the citizen is leaving.

How to fill out an application

The standard form of application for deregistration at the place of residence was approved by Order of the Ministry of Internal Affairs of Russia dated December 31, 2021 No. 984; it represents a detachable part of the application for registration at the place of residence.

The form is filled out personally by the person issuing an extract from the residential premises.

The application indicates the surname, first name, patronymic, passport details, name of the government agency carrying out the deregistration, address of the previous and new home, date and signature is placed in the presence of the official accepting the application.

You can submit an application in any form, you just need to provide all the above information. If it is necessary to discharge a minor, then an application for deregistration of the child must be filled out by one of the parents.

Which government agencies should I contact?

Everything related to registration or deregistration is assigned to the migration authorities. Persons wishing to be discharged at their previous place of residence should find out the location of the nearest office and come to an appointment with department staff. The same should be done if you are checking out after arriving at a new place.

Russian citizens living abroad have questions about where to deregister at their place of residence while they are abroad. Russian consulates do not have the authority to discharge Russian citizens. In this situation, an application for deregistration is drawn up, the exact address of disposal is indicated in it, then it is certified by the diplomatic mission of Russia, which is located in the country of residence, or by a notary. Legalization of the application is required. Then the document is sent by mail to the registration authority.

How long does it take to issue an extract and what is the cost of the service?

The legislation stipulates the deadlines for deregistration at the place of residence. A citizen who applies to the territorial body of the Main Department of Migration Affairs of the Ministry of Internal Affairs by appointment must be received within 15 minutes. An application for discharge in person must be accepted on the same day. Employees of the registration authority have 3 days from the date of receipt of the papers to consider the application and check the submitted documents. Citizens of the Russian Federation receive this service free of charge.

Check out options

Today, you can check out of your apartment using any method convenient for you. There are four in total:

1. In the process of registering at a new address, you should visit the FMS department. There you present the required package of documents and fill out an application. A tear-off coupon is attached to it.
2. Going nowhere". Details in the corresponding section of the article.
3. Through your representative. A power of attorney is issued and certified for him. He carries out the procedure of paragraph 1
4. On the Gosuslugi resource. Find the appropriate section. They offer an electronic analogue of the departure slip. Fill it out.

Then send scanned pages of your passport or birth document (for persons under 14 years old).

The application is reviewed within three days. You are assigned a time when you must visit the FMS unit. And there they put the required stamp in your passport.

How to discharge a registered tenant who is absent

In certain situations, an extract can be carried out without the presence of a citizen. For example, there is no need to personally participate in the procedure for those who from abroad sent a properly completed application by mail to the authorized body. Also, in the absence of a person, deregistration is issued “upon request” at the previous address. Missing and deceased persons are discharged from living quarters on the basis of Decree of the Government of the Russian Federation of July 17, 1995 No. 713.

In addition, people can be deregistered at their place of residence without the person’s consent. Among those whose application is not required are the following categories of citizens: persons who have lost the right to use housing, fictitiously registered citizens or those who provided false information. To carry out the procedure, a decision of the court or registration authority is required.

If there are obstacles to voluntary cancellation of registration, forced deregistration at the place of residence is carried out in court. The owner of a house or apartment can file a lawsuit in cases where a person registered in his home prevents the sale of the residential premises or does not live in it and does not pay utilities for a long time.

How to deregister a deceased person

Employees of any unit of the Main Department of Migration Affairs of the Ministry of Internal Affairs will be able to give detailed explanations on the issue of how to remove a deceased person from registration at the place of residence. The procedure includes obtaining a death certificate and contacting the registration authority to discharge the deceased from the residential premises.

The certificate is issued by the civil registry office on the basis of the documents provided; the registration body, on the basis of the original death certificate, removes the deceased person from the register at the place of residence.

The registration cancellation process takes no more than 3 days. The date of state registration of death is considered the date of deregistration.

Cancellation of registration in court

The legislation provides for the possibility of deregistration at the place of residence through the court.

Refusal to pay utility bills for more than 6 months, divorce, change of owner, absence from the place of registration for a long time, illegal registration are grounds for cancellation of registration in a municipal or privatized apartment.

These grounds make it possible to raise the issue of loss of the right to use residential premises, including deregistration at the place of residence in court. This procedure involves collecting papers, the list of which must include documents confirming the existence of grounds for discharge.

A divorce certificate, an extract from the state register of rights to real estate, an extract from the house register, a lease agreement, etc. can be used as evidence. Next, you need to draw up a statement of claim with the help of a lawyer or yourself. After going to court, you should take part in court hearings and obtain a court decision to cancel your registration.

However, before filing an application to the court to deregister at your place of residence, you should try to kindly resolve controversial housing issues: a peaceful resolution of the conflict will help save nerves, time and money for both the defendant and the plaintiff.

How to discharge a child

Provided there is an apartment or private house in which the child can be registered, and only together with the parents (or one of them) or legal representatives, it is possible to deregister minors at the place of residence. An application, a document confirming the availability of a new home, and a birth certificate are provided. If the child is over 14 years old, a passport is required.

A situation often arises when the parents have filed for divorce, the child lives with one of the parents, but is registered in a residential building owned by the other. In this case, it is impossible to discharge the child before reaching adulthood. Deregistration of children through the court can be carried out with the participation of representatives of the guardianship authority.

Extract from residential premises in case of temporary residence

The procedure for canceling temporary registration, or deregistration from temporary registration at the place of stay, is regulated by regulatory legal acts. In this situation, the discharge is carried out by the persons assigned these responsibilities.

If a citizen indicated a departure date in the registration application and left on that day, there is no need to additionally report his departure. In case of departure earlier than the specified period, the person is obliged to submit an application for deregistration, indicating the day of departure. In a hotel or boarding house, the employee of the organization responsible for registering citizens notifies the territorial authorities of the Ministry of Internal Affairs about the departure of the guest.

Details of the “to nowhere” option

According to the law, it is possible to discharge a citizen without his approval. This criterion includes:

• prisoners;
• military personnel on fixed-term contracts;
• missing;
• dead.

According to the Russian Housing Code, it is possible to deregister or deregister a person who no longer aspires to specific housing. That is, the right to use is deprived. The most common reasons for this:

• debts to public utilities;
• very long absence;
• serious violations of housing maintenance rules.

These situations are extremely complex and ambiguous. And a citizen who is about to be evicted has the right to seek help from a housing law specialist.

Registration at place of residence

According to the legislation of the Russian Federation, every citizen is obliged to report his place of stay or place of residence. The law clearly stipulates how to register at a new place of residence or, conversely, deregister at the place of temporary and permanent residence. Premises in which a citizen stays for a short period of time are used as a place of stay. The responsibility for notifying the registration authorities about the arrival of guests rests with the administration of the organization, which within 24 hours, based on the citizen’s identity card, provides information about his registration.

Temporary registration without an extract from the previous place of residence is carried out when a citizen plans to use the residential premises as a place of stay for more than 3 months. During this period, an application with a civil passport must be submitted to the authorized bodies. After 3 days, the certificate of registration at the place of residence will be ready. Foreign citizens legally present in Russia are required to notify registration authorities of their arrival within 7 days.

The grounds for registering at the place of permanent residence are also established by the legislation of the Russian Federation. Depending on these grounds, as well as the category of citizens wishing to register, a certain registration procedure is established. Comprehensive information about what is needed for registration in a particular case and how to register at a new place of residence is provided by the territorial bodies of the Main Migration Directorate of the Ministry of Internal Affairs.

The general procedure consists of several steps:

1. First, you must provide papers (application, passport, document confirming the right to move into an apartment or house), for which the applicant has 7 days from the date of arrival.
2. Within 3 days from the date of receipt of the documents, the citizen is registered at his place of residence.
3. Putting a mark in the passport or issuing a certificate is the final stage of registration.

The presence of a lease agreement or property right to housing, as well as documents allowing a long-term stay in Russia, gives a foreigner the opportunity to obtain permanent registration.

How many days after discharge are given to complete registration?

The period during which registration at a new place of residence must be carried out after deregistration is stipulated by law. Citizens planning to stay in a new place for more than 90 days are required to notify the registration authorities of their place of stay within this period. It takes 7 days to register at your permanent place of residence. Violation of deadlines may result in administrative penalties.

Judicial verdict results

If the claim is satisfied, deregistration is carried out without the consent of the citizen. And his presence at the passport office is not necessary. There may also not be a corresponding mark in the passport. An extract mark will already appear in all necessary documents.

When a court verdict comes into force and the deadline for appeal has expired, a person:

1. The right to operate housing is deprived.
2. Must register in another living space.

And if he lives in some other place, but does not have a temporary residence permit, he is liable before the law for violating registration criteria.

What is the penalty for late submission of documents?

For violation of the rules and terms of registration, Article 19.15.2 of the Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ provides for punishment in the form of a fine. The amount of penalties depends on the category of violators and the cities in which the violation was recorded. A fine of 2,000 to 3,000 rubles may be paid by the owner of the home who provided his apartment for living and did not notify about it on time. If such a violation occurred in Moscow or St. Petersburg, state administrative authorities may impose a fine of 3,000 to 5,000 rubles.

For legal entities, the fine will range from 4,000 to 7,000 rubles, and in the capital its amount is 7,000-10,000 rubles.