The presence of registration of a minor in a residential area, regardless of the place of his actual residence, significantly limits the powers of the owner to dispose of his property.
The current judicial practice shows that in most cases the primacy of the rights of the child over the rights of the owners is recognized. In particular, a number of judicial acts note that, due to their age, minors cannot independently exercise their housing rights, in this regard, the requirements of the owner of the premises in which such a minor is registered cannot be satisfied.
In such circumstances, the participation in the trial of a professional lawyer (lawyer) with special knowledge and experience regarding the established practice of the courts on this subject of the dispute is of particular importance.
So, the text of the court decision in a civil case, in which the Claimant's interests were represented by our lawyer, is presented to your attention.
The plaintiff applied to the court with a statement of claim for the recognition of minors as having terminated the right to use the residential premises, deregistration.
Through professional work lawyer Emelyanov A.Yu.., managed to achieve a fair decision that protected the interests of the new owner of the residential premises received under the donation agreement.
Case No. 2-7665/2017
SOLUTION
name of the Russian Federation
The Meshchansky District Court of Moscow, composed of the presiding judge Afanasyeva I.I., under the secretary Anikina S.E., having examined in open court a civil case No. to ** M.M., ** N.M. represented by the representative ** M.A. on recognition as having terminated the right to use residential premises, deregistration,
SET UP:
** E.N. filed a lawsuit against ** M.M., ** N.M. represented by the representative ** M.A. on recognition as having terminated the right to use residential premises, deregistration. In support of the claims, indicating that she is the sole owner of the apartment located at: **. This living space was given to her by her mother, ** N.G. under a donation agreement dated ** g. As members of the family of the former owner (** N.G.) in apartment No. ** were registered: her sister - ** O. N., her children - ** M. A., m A.A., as well as grandchildren - ** M.M. and ** N.M. On the basis of the decision of the Meshchansky District Court of **, in case No. **, the Definition of the Moscow City Court of **, ** O.N., ** M.A., ** A.A. were recognized as having lost the right to use the above residential premises and subject to eviction with subsequent deregistration. ** ** O.N., ** M.A., ** A.A. were deregistered at: **. At the same time, minor children ** M.A. remained registered in the apartment. - ** MM. and ** NM, which violates the plaintiff's rights as an owner. Also indicates that children ** M.A. in the apartment of the great-grandmother, ** N.G., never lived, from the moment of birth they lived with their parents at the address of the mother's registration and recognition ** M.M. and ** N.M. those who have lost the right to use the apartment belonging to the plaintiff will not affect their housing rights. However, registration ** M.M. and ** N.M. significantly violates the right of the plaintiff as the owner of this residential premises, prevents the plaintiff from free disposal of his property. In this connection, asks the court to recognize ** M.M. and ** N.M. terminated the right to use residential premises located at: **; remove ** M.M. and ** N.M. from registration at the address: **.
Claimant ** E.N., and her representative by proxy ** A.Yu. appeared at the hearing, the claims were supported in full, on the grounds specified in the statement of claim, asked to satisfy the claim.
** M.A., acting in the interests of minors ** M.M. and ** N.M. did not appear at the hearing, duly notified of the date, place and time of the hearing.
Third party ** A.V. at the hearing did not appear on the date, place and time of the hearing duly notified.
After hearing the explanations of the plaintiff, the plaintiff's representative, having examined the written materials of the case, the court considers that the claims are subject to satisfaction on the following grounds.
Based on Art. 209 of the Civil Code of the Russian Federation, the owner has the right to own, use and dispose of his property.
In accordance with Art. 288 of the Civil Code of the Russian Federation, the rights to own, use and dispose of residential premises in accordance with its purpose belong to the owner of the residential premises.
According to paragraph 2 of Art. 292 of the Civil Code of the Russian Federation, the transfer of ownership of a residential building or apartment to another person is the basis for terminating the right to use the residential premises by family members of the former owner, unless otherwise provided by law.
According to Art. 304 of the Civil Code of the Russian Federation, the owner may demand the elimination of any violations of his right, even if these violations were not connected with deprivation of possession.
As established at the hearing and confirmed by the case materials ** E.N. is the owner of an apartment located at: ** on the basis of a real estate (apartment) donation agreement dated ** year, registered with the Rosreestr ** year (certificate of state registration of rights dated ** year).
** of the year ** M.A. was registered in the indicated residential premises, ** and ** - children of the last ** N.M. ** year of birth and ** M.M. ** the year of birth.
By the decision of the Meshchansky District Court of Moscow dated ** in case No. ** ** M.A., which entered into force **, recognized as having lost the right to use the disputed residential premises. And ** year deregistered at: **.
Currently, minors are registered in the disputed residential premises ** M.M. and ** N.M.
According to Part 2 of Article 30 of the Housing Code of the Russian Federation, the owner of a dwelling has the right to provide possession and (or) use of a dwelling owned by him by right of ownership to a citizen on the basis of a lease agreement, a contract for gratuitous use or on other legal grounds.
From the literal interpretation of this norm, it follows that the right to use a dwelling by a family member of the former owner in the event of transfer of ownership to another person may be retained in cases established by law.
Such grounds established by law, to save for ** M.M., ** N.M. the right to use the disputed apartment is not available.
Evidence of an agreement between the new owner of the apartment ** E.N. and legal representatives of minor children on the preservation of the latter's right to use the disputed apartment in the case is not available. In addition, minor children do not live in the disputed apartment.
According to Part 2 of Art. 38 of the Constitution of the Russian Federation, care for children, their upbringing is not only a right, but also an obligation of parents. Everyone has the right to housing, which cannot be arbitrarily deprived (Part 1, Article 40 of the Constitution of the Russian Federation).
According to Article 56 of the Family Code of the Russian Federation, a child has the right to protection of his rights and legitimate interests. The protection of the rights and legitimate interests of the child is carried out by the parents (persons replacing them), and in cases provided for by the Code, by the guardianship and guardianship authority, the prosecutor and the court.
Based on the provisions of the Federal Law of July 24, 1998 N 124-FZ "On the Basic Guarantees of the Rights of the Child in the Russian Federation", the Family Code of the Russian Federation, the obligation to protect the interests and rights of minors, including providing them with housing, is assigned to them legal representatives.
The place of residence of minors under the age of fourteen is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians (clause 2, article 20 of the Civil Code of the Russian Federation).
Resolving the stated requirements, taking into account the stated norms of the law and the circumstances established by the court, the court concludes that ** M.M., ** H.M. who have lost the right to use the premises, with deregistration, because ** M.M., ** N.M. and their father are members of the family of the former owner, the ownership of the disputed apartment was transferred to the plaintiff on the basis of a donation agreement, by a court decision, the father of the children ** M.A. was recognized as having lost the right to use the disputed apartment and removed from the register. In addition, minors ** M.M., ** N.M. and their parents are not members of the owner's family, do not live in the disputed residential area, the owner of the apartment objects to the use of the disputed dwelling by the defendants.
By virtue of the provisions of Article 7 of the Law of the Russian Federation of June 25, 1993 N 5242-1 "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and place of residence within the Russian Federation," the loss of the right to use residential premises is the basis for removing a citizen from registration account.
Based on the above, guided by the requirements of Article.Article. 194-199 Code of Civil Procedure of the Russian Federation,
DECIDED:
Claims ** E.N. to ** M.M., ** N.M. represented by the representative ** M.A. on recognition as having terminated the right to use the residential premises, deregistration to satisfy.
Recognize ** M.M., ** N.M. who have terminated the right to use the residential premises located at the address: **, remove ** M.M., ** N.M. from registration at the address: **.
The decision can be appealed on appeal to the Moscow City Court through the Meshchansky District Court. Moscow within a month from the date of the decision in the final form.
Judge AND.AND. Afanasiev
More jurisprudence materials:
Can a minor child be deregistered?
Answer to this question depends on a number of conditions and circumstances.
It is possible to deregister, but if a number of points are met:
- it's necessary for further residency, which is confirmed by documents (social tenancy agreement or papers on the ownership of housing);
- guardianship authorities allowed such an action and did not consider that it infringes on the interests of a minor;
- discharge in progress not "to nowhere". In this case, it will simply not be possible to carry out the plan;
- the chosen place of new registration is significantly not inferior to the previous in living conditions and well-being.
The legislative framework
What laws govern the deregistration of a minor child? Both registration and termination of its validity are based on the operation of several laws:
- Civil Code of the Russian Federation determines the right and opportunity of a minor to live with parents and;
- RF IC protects his rights in terms of the opportunity to grow up in a family, and in the event of its collapse, to communicate with mom and dad;
- Russian Criminal Code determines the punishment for forging a registration or creating a fictitious propiska;
- Code of Administrative Offenses The Russian Federation establishes for those parents who did not register their child on time.
In which cases?
Discharge of the baby is often required when changing residence family, the acquisition of a new apartment or house with subsequent relocation, divorce of spouses.
The last case is the most difficult, since the former spouses should decide not only the issue of the residence of the child and schedule of his communication with the second parent but also the issue of registration.
Despite the divorce, the baby can be registered both and.
In a situation with an adult, the procedure would not take much time and would require only a passport and a desire to be discharged. When it comes to a child, things are a little different. Let's figure it out what is the difference.
Where to start, where to go?
How to deregister a minor child? If it was necessary to discharge a minor, the first thing to do is to find out in what situations it is required consent of the guardianship and guardianship authorities. For example, it is not necessary if the baby is registered from one parent to another.
If the same person over 14 years of age want, then without the consent of the OPP is indispensable. If such consent is received, then you can collect all the required papers and proceed to registration.
Where do they arrange? Not only registration, but also its removal is work Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation. This body exists relatively recently, but it became the successor of the Federal Migration Service.
Documentation
What documents are required? To implement the procedure for deregistration of a minor need to provide paperwork:
- statement from parents
- birth certificate or passport issued;
- consent of the guardianship and guardianship authorities;
- parents' passports;
- proof that there is a new place of residence.
In complex or controversial situations, it may be necessary additional set of papers.
Read about whether it is necessary to obtain the consent of the owner of the apartment for registering a child.
Where to apply?
In addition to the Main Directorate of Internal Affairs of the Ministry of Internal Affairs, there are other options for the place of registration:
- Passport Office;
- portal of public services on the Internet.
Often, applicants turn to where they are closest or most convenient, since the place of registration is of no fundamental importance.
Timing, cost and results
The consent of the guardianship and guardianship authorities can be obtained on time up to 14 days. After that, you can cancel the registration from the period up to 9 days. Moreover, the minimum period 3 days expectations will be when applying directly to the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation.
Representatives of a minor will not incur any costs. Such the procedure is free and is not subject to duties, taxes, etc.
What documents are issued as a result? If an extract is made, the result will be a receipt disposal sheet. It is necessary for further registration in a new location.
When can they refuse? If the child is trying to be removed from the register "going nowhere", then the refusal will follow necessarily. It should also be expected if there is an incomplete package of papers or their incorrect configuration. To resolve the failure, you can correct the situation and apply again.
Features and nuances
All procedures performed on behalf of the baby have their own characteristics. In case of deregistration important is the type of housing and the status regarding the rights to it of the person being issued.
If the child is owner. The most difficult option. In order for this to become possible, it is necessary to confirm the presence of a new property of the baby, no worse and no less than the old one.
Otherwise, you can open bank account in his name and credit there funds equal to the value of the share in real estate owned by him.
In this case, the consent of the PUU to change the registration is also required.
From municipal apartments. The main feature is that it is mandatory to obtain the consent of the PUU when changing municipal apartments.
This is due to the fact that public housing may be of lower quality than the previous one and significantly infringe on the rights of a minor in housing terms.
To obtain consent both parents must apply to the PPP and write an application confirming the availability of a new place.
As a result, it is not easy to remove a minor from the registration register. For this it is necessary present evidence the presence of a new place of residence and a certain package of documents.
4143Extract
Extract- this is the removal of a citizen from the register at the place of residence and registration at a new address. Such actions are regulated. The legislation of the Russian Federation provides for several ways to discharge a person:
- on personal statement citizen;
- forcibly (by court order);
- through representative();
Depending on the method, you can check out of the apartment, and then register at a new address, or you can not do this. When writing an application for registration in a new place, a citizen is automatically discharged from the old address.
It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:
As for the term, no more than seven days.
Conditions for the discharge from the apartment of minors
Extract from the apartment of minor children the process is extremely complicated, because as part of the procedure, it is necessary to draw up and attach to the application for registration papers confirming the observance of the rights of the child, and complete a number of mandatory formalities.
An extract from a teenager or a young child can be performed:
- When a child is deregistered and is registered at a new address, not alone, but together with their parents.
- When there is consent to an extract from body of guardianship and guardianship.
- If the parents are divorced and live separately, then an extract can be made only with the consent of both.
- If the child is not permanently in the living space, then an extract is made by a court decision.
To deregister at the place of registration, a new address is required in compliance with all living conditions. According to the law, a new place of residence must meet the requirements and be no worse than the previous living space both in terms of footage and comfort level.
The order of discharge from the apartment of minors
The procedure for the discharge from the apartment of a minor child directly depends on whether the child is the owner of the home or not.
If a child under the age of majority property owner, then the law provides for a certain:
- The legal representative of the child (parents or guardians) apply to the guardianship and guardianship authorities to obtain the consent of the service to remove the child from registration. To do this, you need a certificate from the passport office, which will indicate the number of people living in the premises, and a document of title to the apartment. Consent is given within 14 days. Sometimes guardianship may refuse to issue paper.
- When selling a home, at the next stage, a transaction is carried out and, as part of the agreement, state registration of property rights is performed.
- V FMS representatives of the child, whose rights are legally confirmed, apply and fill out the model on behalf of the child, if he is less 14 years. If the child is already 14 years, then he fills out this document with his own hand. Not later than three working days, the FMS checks the application and all attached papers, after which the discharge procedure is carried out.
- At the final stage, the child is registered at a new address.
If the minor is not apartment owner, then the procedure for extracting changes slightly:
- With this method, consent from the guardianship service is not required, so parents can immediately contact the FMS.
- An application is made at the passport office and departure sheet.
- Not later than three working days, the child must be discharged from the old place of residence.
- At the final stage, registration is carried out at a new address.
List of documents
Information about what documents are needed to extract a minor from the apartment, anyone can get in the FMS of Russia. If the child is the owner of the apartment, then the following will be required:
- Application for deregistration. If the child is less 14 years, then the form is filled in by his representative, whose authority is confirmed by the relevant document. View and download sample document you can here:.
- Identity cards of the representatives of the child, whose rights are confirmed in a legal way.
- Personal document of the child (passport or birth certificate).
- Consent of the guardianship service.
- Title (certificate of ownership) and technical documentation for housing.
- House book, where they make a note about the extract (for privatized apartments).
- Retirement sheet.
If the child is not the owner of the property, the following documentation will be required:
- Applicant's passport.
- Child's birth certificate or passport.
- Standard application for deregistration from both parents (or representatives) and from the teenager himself.
- The act of social hiring or a residence permit. View and download sample document you can here:.
- Papers for a new apartment (where the child is being relocated). If the apartment is municipal, then lease agreement, and if the dwelling has been privatized, then title documents. View and download sample document you can here:.
- Technical documentation for both apartments.
- Information about registered persons (certificate is obtained in the passport office).
Discharge of a minor from an apartment in a court of law
In some situations, a minor child is discharged from the home by. This is possible if his right to use the living space has ended, and a new one has not been issued. At the court session on such issues, the guardianship service and the legal representatives of the child must be present. The opinion of the child is taken into account only when he has reached ten-year age.
In some situations, the discharge of a minor from an apartment is not allowed even by a court decision:
- If the child is marked as privatization participant real estate held in the municipal fund.
- When a minor is owner the living space from which they want to evict him.
- In the event that a claim is filed by a citizen interested in owning a “disputed” premises.
An example of the order of discharge from the apartment of a minor
A citizen of Samara decided to sell his apartment and buy a new one. His wife and five-year-old son were registered and lived with him. The dwelling was wholly owned by the head of the family. That extract of minors when selling an apartment carried out with the consent of the guardianship service, he did not know. As a result, when the man applied to the passport office, he was refused due to the lack of such paper.
For this reason, the sale and purchase transaction had to be postponed for more than a month, because the consent in custody was drawn up two weeks.
Conclusion
Several conclusions can be drawn from this material:
- An extract means the removal of a person from registration at the old address and registration at a new place of residence.
- An extract can be made as voluntary okay, so forcibly- By the tribunal's decision.
- No more than seven days.
- In order to discharge a minor child, it is required to comply with a number of formalities and provide all the required papers.
- The discharge of a child who is owner of all housing or its share, and a minor living in municipal apartment.
- For an extract, a list of papers approved by law is required, the content of which depends on whether the teenager is the owner of the property or not.
- If the apartment is owned by the child, then the consent of the guardianship service is required. The paperwork takes 14 days and in some cases, the issuance of paper may be denied.
- A minor child can also be discharged in court, with the exception of some situations stipulated in the legislation of the Russian Federation.
- Representatives of the body of guardianship and guardianship, as well as the legal representatives of the child, must take part in the court session.
- The opinion of the child is taken into account only if he turned 10 years.
A minor child can be removed from the register (discharged from an apartment) voluntarily or in court.
At the same time, it should be taken into account that Decree of the President of the Russian Federation N 156 came into force on April 5, 2016, according to which the FMS of Russia was abolished and its functions were transferred to the Ministry of Internal Affairs of Russia.
Deregistration on a voluntary basis.
A minor child under 14 years of age may be voluntarily removed from the register by his legal representatives - parents or a person replacing them. A child over 14 years of age applies in person with the consent of a legal representative.
There are two ways to voluntarily de-register a minor child.
Method 1. Automatic deregistration upon registration at a new place of residence (clause 31 of the Rules for the Registration and Deregistration of Citizens of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 17, 1995 N 713).
The procedure for deregistration of a child in this case is as follows.
Step 1. It is necessary to apply to the territorial body of the Main Directorate for Migration of the Ministry of Internal Affairs of Russia (passport office) at the new place of residence.
The following documents are provided (clause 16 of the Rules):
Method 2. Deregistration of a child at the old place of residence by his legal representative by filing an application for deregistration. Usually this method is used when leaving for another city or another country.
In this case, the legal representative of the child - a parent or a person replacing him (a child who has reached the age of 14 years - personally with the consent of the legal representative) must apply to the territorial authority G Head Department for Migration of the Ministry of Internal Affairs of Russia at the place of residence of the child (passport office), submitting the following documents:
Birth certificate of a child or passport of a child who has reached the age of 14;
When you can not remove the registration of a minor child.
Not always the owner of the dwelling can terminate the right to use the dwelling of a minor child.
So, if a minor child is registered at the location of a dwelling owned by his parents, then before the child reaches the age of majority, it is impossible to terminate his right to use the dwelling, even if the marriage of the parents is dissolved and the child begins to live with another parent - not the owner of the dwelling.
This is due to the fact that the termination of family relations between parents does not terminate family relations between the child and his parent.
If a child lives in a dwelling owned by one of the parents, the dissolution of the parents' marriage and their departure does not mean that the child's right to use the dwelling is terminated (paragraph 14 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 N 14 "On Certain Issues arising in judicial practice in the application of the Housing Code of the Russian Federation").
Deregistration in a judicial proceeding.
To remove a minor child from the registration register in a judicial proceeding, it is necessary to adhere to the following algorithm.
Step 1. It is necessary to file a claim with the district court at the location of the residential premises for the termination of the right to use the minor child's residential premises (clause 1, article 30 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation).
The statement of claim should indicate the legal representative of the child - one of the parents or a person replacing him. If the child has reached the age of 14, then he takes part in the trial together with his legal representative.
The lawsuit sets out the grounds for terminating the right to use a minor child's living quarters. Such grounds may be, for example, termination of the contract for the gratuitous use of housing, transfer of ownership of the residential premises to another person, termination of family relations with the parent of a minor child, also registered in the residential premises (except if the residential premises belong to the parent).
When a minor child lives in a residential area, a requirement to evict the child is indicated. The court invites the prosecutor to participate in the case to give an opinion on the demand for the eviction of a minor (Article 45 of the Code of Civil Procedure of the Russian Federation).
Attached to the statement of claim (Art. 132 Code of Civil Procedure of the Russian Federation):
Receipt of payment of state duty in the amount of 300 rubles. (clause 3 clause 1 article 333.19 of the Tax Code of the Russian Federation (hereinafter referred to as the RF Tax Code);
Extract from the house book;
Documents confirming the circumstances on which the plaintiff bases his claims.
The list of documents attached to the statement of claim is formed depending on the actual circumstances of the case.
The statement of claim and documents confirming the stated requirements are submitted with copies according to the number of persons participating in the case.
Step 2 It is necessary to present to the court evidence of the circumstances indicated in the statement of claim.
If we are talking about the termination of family relations between the parent of the child and the owner, then written evidence, testimonies must be submitted.
Documents confirming the ownership of this dwelling must also be submitted to the court.
Step 3 After hearing the case on the merits, you need to get your hands on a court decision.
The decision comes into force one month after its adoption (Article 209 of the Code of Civil Procedure of the Russian Federation). If the court decision is appealed to the appellate instance, then after the return of the case from the court of second instance and leaving the decision of the court of first instance unchanged, you should also receive the court decision in your hands with a stamp on entry into force and a ruling of the court of appeal.
Step 4 It is necessary to obtain a writ of execution in court for the eviction of a minor child (Article 428 of the Code of Civil Procedure of the Russian Federation).
The writ of execution is submitted to the bailiff service with an application to initiate enforcement proceedings.
However, you should be aware that legal representatives of the child have the right to apply to the court for a delay in the execution of a court decision on the eviction of a minor child ( Part 1 Art. 203 Code of Civil Procedure of the Russian Federation). The court may grant such a delay.
Step 5 Necessary transfer the court decision to the territorial body of the Main Directorate for Migration of the Ministry of Internal Affairs of Russia.
The decision of the court of first instance, and if available, the ruling of the court of appeal is transferred to the territorial body G the main department for migration of the Ministry of Internal Affairs of Russia at the location of the apartment or other residential premises for deregistration of a minor child.
The information was prepared by the prosecutor's office of the Balaklava district of the city of Sevastopol.
Registration and discharge of minors is regulated by law. According to the general rules, registration of a child is carried out at the same address where the parents are registered.
Getting out takes some effort.
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The state protects the interests of minors. In accordance with the Constitution of the Russian Federation, every citizen has the right to have his own housing. At the same time, the rights of children are protected and have a priority.
Therefore, in order to remove a minor from the registration register, the following procedure must be observed:
- Obtaining permission for the procedure from guardianship.
- Drawing up an application and submitting documents to the passport office.
- 3 working days are given and you need to register the child at a new address.
But the extract is not carried out immediately, it is necessary to wait about 3 working days - during this time the package of documents will be checked.
Legislation
There are quite a lot of legislative acts related to the regulation of the issue of removing a minor from the place of registration:
Types of accounting
Registration can be of the following types:
| View | Description |
| Registration at a certain place of residence is established for a certain period. This type is used when a person is absent from a permanent place of registration for a long time. It is necessary to register no later than 3 months of absence from home. | |
| Registration information is entered in the passport. In accordance with Federal Law 5242-1, every citizen of the Russian Federation is required to have a permanent residence permit. If this rule is neglected, then the person may be held liable. |
Registration and discharge of minor children
The question often arises - what is needed to register or deregister a child? The answer will be built depending on the specific case.
Before and after 14 years
Registration rules for a citizen under the age of 14:
- In accordance with Art. 20 of the Civil Code of the Russian Federation, a child under the age of 18 must live with his parents or at least one of them - or.
- According to the RF IC, the rights of children are protected. Every child has the right to live with their parents and have a residence permit in the same place.
- According to the Housing Code of the Russian Federation, the living space standards for 1 person are determined, they are taken into account when deregistering a child. Also, the child has the right to be registered without the consent of the owner, if one of the parents is registered in this place.
The rules for the discharge of a child over 14 years of age remain the same as for a citizen under 14 years of age. But at the same time, Art. 20 of the Civil Code of the Russian Federation may not apply.
Separate from parents
Registration of a minor child without parents is not possible. Mandatory requirement - subsequent registration in another place with 1 parent or guardian. Without compliance with this moment, it is impossible to carry out registration.
The statement must also be simultaneous with the parents. The passport office will not even accept the application. Such rules are in place to ensure that no fraud is carried out with the property that belongs to the child.
Permanent and temporary
Registration at the place of residence is a permanent residence permit, it is mandatory for everyone. And if the family travels somewhere for a long time, then it is necessary to register the child at the place of stay.
It should be borne in mind that deregistration at the place of stay is not required, this happens automatically after the expiration of the period.
What do you need to register?
In 2020, nothing in the rules for registration has changed. You must provide a complete package of documents.
Documentation
The following papers will be required:
- application from one of the parents in form 6;
- birth certificate;
- parent's ID;
- marriage certificate (if any);
- reference from the house book;
- certificate of drugs;
- if available, a certificate of divorce;
- confirmation that the child is not registered with the other parent.
Features of deregistration
Extraction can be carried out according to different rules. It all depends on the specific situation. For example, if the child is the owner, then the procedure is different from the case if the extract is from a municipal apartment.
From the apartment - privatized and municipal
To deregister a child, it is required that he be registered at a new address. The order is the following:
- the parent submits to the passport office;
- when a citizen is 14 years old, he fills out the application himself in the presence of 1 of the parents;
- documents are considered for about a week.
It is more difficult to write a child out of public housing. There must be a guarantee that it will be prescribed together with 1 of the parents. And at the same time, the provision of housing should be no worse than before. And there must be permission from the guardianship and guardianship authorities.
If the guardianship does not see any contradictions for discharge, then it issues permission. In case of refusal, you can apply to the court with a claim.
If the child is the owner
There are times when the apartment is the property of the child. This is a difficult option, in which it is necessary to confirm the ownership of a new living space.
The beginning of the procedure is similar to an extract from a municipal apartment. A certificate from the passport office and the consent of guardianship are also required. But sometimes additional documents may be required.
When there is permission, it is necessary to draw up sales and purchase transactions at the Registration Chamber. A certificate of ownership will be issued that lists the child.
It should be borne in mind that the sale of an apartment can be carried out without buying a new one, if there is other housing. But then a personal account should be opened in the name of the child. The amount on it must necessarily be equal to the part that is equivalent to the child's share in the sold apartment.
Consent of the guardianship authorities
In order to deregister a minor, a guardian's permission is required. It is issued depending on the availability of a new registration object. Also, everything is determined based on the type of property.
