Is it possible to write without consent?
Any person who has left his home for a long time at least once is interested in the question: can other owners, employers, members of his family write out without permission from the occupied space?
First, it is necessary to distinguish between eviction and discharge, that is, removal from the register. It should be understood that the registration of a person at the place of residence or preferential stay does not give rise to rights to residential premises, and, conversely, the right to residential premises is an unconditional basis for registration at this address.
Legal discharge methods
It is possible to discharge a citizen from the premises without notifying him at the same time and without his participation in the process, in a number of cases established by law, and as a result of illegal operations.
Legal methods of removal from registration without the consent of a citizen are possible with:
- Conviction of a person to the real punishment of imprisonment. Convict can be discharged by a court sentence after its entry into force.
- Calling a person to active military service in the ranks of the Russian Army. You can write out a soldier according to the relevant Military Commissariat.
- Recognition of a citizen as missing by a court decision. A person can be recognized as unknown absent by a court decision, if he is no more than a year at the place of residence and there is no information about where he lives or is. (Art. 42 of the Civil Code of the Russian Federation) It is possible to discharge from living quarters on the basis of a decision of a federal court that has entered into legal force.
- The death of a citizen or declaring him dead by decision of the relevant court. A person can be declared dead if he is not at his place of residence and there is no information about him for more than five years. (Art. 45 of the Civil Code of the Russian Federation) If his disappearance is related to circumstances that suggest that he died from a particular accident or circumstances threatening death, after six months. People who went missing during hostilities or in connection with their conduct can be declared dead after two years. It is possible to write out a citizen by decision of the federal court, after its entry into legal force.
- Eviction of a person from the dwelling, which he occupied, or recognition of his lost, or not acquired the right to use the premises. In various cases, but on the basis of a decision of the relevant court, after its entry into force.
- Detection of unlawful actions of officials who carry out the registration of a citizen at the place of residence or the registration of forged or invalid documents. It is possible to write out in accordance with the decision of the district court, which entered into legal force.
All other cases where the question arises whether it is possible to write out without the consent of the citizen, are solved outside the legal field. In practice, periodically there are different options when a person is discharged and he does not know about it. Rights must be restored by contacting the police or through the courts.
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