How to remove a person from registration through the court?

Is it possible to

If you are the owner of an apartment, remember that you have the right to dispose of it as you wish.

This also applies to the question of who will be registered in it. So to discharge a citizen from your living space through the court.

In some cases, it seems possible to carry out this operation with municipal housing.

Grounds for discharging people in court

In order to deregister a person from a housing estate, compelling reasons are needed, especially when it comes to municipal housing. The court needs grounds to forcefully deregister a citizen.

Such grounds may include the following:

When and how to submit

From the moment a citizen loses the right to use a real estate property, he can file an application with the court.

A citizen loses this right when:

the temporary registration period expires;
the citizen is declared dead or missing;
the previous owner of the object claims rights to it because he lost his property due to unlawful actions of the current owner or other persons;
the owner redeveloped the residential property without permission and refuses to restore the original appearance of the apartment;
eviction from social housing due to unpaid debts for housing and communal services or other violations of the operation of the rental property;
the citizen has terminated relations with family members;
moving to another home;
transfer to a place of imprisonment;
conscription for military service;
and so on.

The application is prepared and sent to the court on behalf of the owner of the property, the tenant, the municipality (if we are talking about housing for social rent from the municipal fund), as well as any other persons interested in the case. All applicants, except the owner, must justify their interest, otherwise the claim will not even be considered.

Form of claim for discharge from the apartment through the child's court

Reasons for contacting

Why do you have to go to court?

The fact is that even if you are the owner of an apartment, you cannot simply come to the passport office and demand that the tenant be discharged.

If a person does not want to change his place of registration, but he is forcibly discharged, evidence is needed that the citizen’s rights are not violated. The court is dealing with this issue.

How to determine the jurisdiction of such cases and claims and which court discharges people from apartments? To carry out this procedure, you need to file a claim with the district court.

Required documents

There is no need to immediately go to the Federal Migration Service. To force a person to be discharged, you will have to immediately contact the judicial authorities.

But first you need to prepare a package of documents:

A copy of your apartment owner's passport.
Documents establishing your right to own housing. These may include a contract for the purchase of housing from the previous owner, a certificate confirming receipt of the apartment by inheritance, or a deed of gift if the apartment was transferred to you free of charge from another owner.
A receipt to confirm payment for housing and communal services.
An extract indicating all residents registered in the apartment, even children.
Evidence that supports the grounds for discharge will be useful. Such evidence may be documents confirming the existence of another apartment, testimony of witnesses, copies of papers confirming that the tenant has committed administrative offenses, an order from the housing inspection.
State duty paid.
Statement of claim for deregistration. Let's dwell on this point in more detail.

Statement of claim

If you resort to going to court to deregister a person registered in your apartment, you file a lawsuit. This requires filing a statement of claim or form number 6. Filling out the statement of claim incorrectly can lead to further problems. For example, this is a good enough reason for the court to refuse to file a claim. In some cases, the statement of claim is drawn up differently depending on the situation.

Sample claim for ejectment from an apartment by a non-owner:

Here you can. In the application you must indicate your passport details, as well as information about the defendant. Indicate the address of the apartment and the reasons why the defendant should be removed from your living space. The same statement of claim (as in the sample) is written to expel a person from a private home. It is only necessary to additionally indicate that the house register is attached to the application.

Sample application for deregistration of a municipal apartment:

IMPORTANT! With deregistration from a municipal apartment, everything is somewhat more complicated. You are not the owner, so you will need more compelling reasons to evict a citizen from the apartment, who, like you, is a tenant. These circumstances must be further described in the application.

Sample statement of claim to the court to expel the ex-spouse from the apartment:

Here you can.

If you are registering a former spouse, you need to write in the application about when the marriage was concluded and when it was dissolved. You also need to prove that the apartment belongs to you.

Form of claim for discharge from the apartment through the child’s court:

You can here.

The most difficult thing is to evict a minor child from the living space. This question is not only more difficult to justify. It is worth keeping in mind the fact that the child's discharge is possible only if equivalent alternative housing is available.

You can draw up a statement of claim yourself, but it is better to contact a professional lawyer. This is justified by the fact that seemingly insignificant legal errors can lead to refusal to consider the case by the court. It is also worth remembering that the application must substantiate the person’s removal from the residential premises as accurately and in detail as possible.

What goal should you pursue?

The owner's claim for deregistration must be drawn up in such a way that the court recognizes the citizen as a person who does not have the right to use the residential premises.

This means that you will have to look for various arguments that can be used as circumstances influencing the court’s opinion.

Moreover, these arguments must be substantiated. In other words, various claims will need to be backed up with solid evidence.

To begin the trial, you need to prepare evidence and draw up a statement of claim. The form of such an appeal to the court must be in writing.

In this case, you must follow certain rules. To avoid mistakes when writing an application, you need to contact a lawyer.

When looking for grounds for expelling a person from an apartment, it is necessary to take into account the features that will follow the status of a citizen.

Most often it is necessary to deregister the following persons::

Former family member - spouse.
A minor child.
Former owner of residential square meters.
Other relatives for various reasons.

This list is not exhaustive; once again, everything depends on the specific goals and situation.

In this case, it is necessary to prepare an application for deregistration, but the correct application will sound like this - a claim for recognition as having lost the right to use residential premises.

How to discharge a person from an apartment (house)

To be discharged through the court, you must adhere to the following algorithm:

Having collected all the documents, you need to go to the district court office. There you pay the state fee, which is 300 rubles.

You will be given a receipt for payment of the state fee.

You submit the application along with the receipt and all documents and wait until you are summoned to court.
When the case is considered, you will be summoned to pre-trial proceedings. The defendant will also be sent a notice, but his presence is not required. Just like yours, you can simply refer your lawyer.
After studying all the materials of the case, a trial will take place. As a result of the latter, the court will decide whether to evict the tenant from the apartment or not.
If the court rules in your favor, you will be able to obtain a copy of the judgment. It will be needed in order to evict the defendant.
Having received a copy of the court decision, you have every opportunity to remove the tenant from your living space even without his personal presence.

You simply go to the Federal Migration Service office with your documents and a copy of the court decision. Based on the court decision, employees of the Federal Migration Service are obliged to discharge the citizen from the apartment in absentia.

In the event that a discharged citizen refuses to evict from the apartment, despite a court decision, you have the right to contact the bailiffs. They are obliged to defend court decisions, so they will forcibly evict the former tenant from the apartment.

How much does it cost to discharge a person through the court?

Theoretically, the cost of this procedure is 300 rubles - the amount of the state duty. However, in reality, you will have to pay much more.

It is quite difficult to defend your interests in court on your own, so it is better to use the services of lawyers.

And legal services are far from cheap. Even assistance in drawing up an application can cost a considerable amount.

As for the duration of the procedure, the trial can take more than one month . Therefore, it won’t be possible to cope quickly. If the speed of deregistration is important to you, it is better to try to convince the tenant to submit an application for deregistration at the place of residence.

Claim to lift entry ban

Let's start with the main thing - filing a claim to lift the ban on entry into the Russian Federation costs about 15,000 rubles. Term: 3 working days. Dates and prices are approximate. But they almost always remain unchanged. There are, of course, exceptional and complicated situations, we take on such situations, but we are not talking about them yet.

Our podcast “How to lift the ban on entry into the Russian Federation?” →

You can follow us on social networks and contact us with any questions you may have.

Our video instructions on how to correctly draw up a claim and application for lifting the entry ban.

Our video instructions on how to lift an entry ban for fines and overstaying

Is it possible to develop a claim yourself? It’s possible, in principle, but it’s not worth it. The cost of a mistake is too high. But despite this, many are trying to lift the ban. Although we are not aware of any satisfaction of a self-written claim. But for them, we have compiled detailed instructions on how to independently write, file a claim and take part in court hearings, and then enforce the court decision.

Let's go into more detail now. So, a decision has been made regarding you or your loved one to not allow entry into the Russian Federation, which in itself is not so pleasant and has serious consequences. You know the reasons for the entry ban; you have already applied to the FMS to lift the entry ban, but were refused. There remains one last chance to change something - to file a lawsuit to lift the ban on entry into the Russian Federation. Let us repeat that this is really the last chance (not counting the appeal, when it is not always possible to change something). If the application to the FMS is written in free form (it is possible even without references to the law), then there are serious requirements for the claim for lifting the entry ban; if you violate them, you may not only be denied acceptance of the claim, but because of this you may still miss the deadline appeal, which reduces the chances of success to zero. At best, they will tell you to deliver the documents, at worst, they will return the claim.

Our video on this issue.

The specifics of such claims are all set out in the Code of Administrative Proceedings of the Russian Federation. It's big, you can read it, but it won't make it any clearer. There really are a lot of rules. Starting from the fact that you need to indicate a fax number (!!!) and ending with the fact that you need to attach copies of documents not only for the court, but also for the FMS. We have simplified and systematized them for you.

Determine where to file the claim - in the court at the location of the defendant, the defendant is the Main Directorate for Migration Issues of the Ministry of Internal Affairs (formerly FMS). For example, if an entry ban was imposed on you by the Ministry of Internal Affairs of the city. Khimki, then your claim must be filed in the Khimki City Court. How to find out who exactly imposed the ban? This should be stated in the prohibition notice, which you will most likely be given at the border. If for any reason you have not determined where to file a claim, write to us, we will help in this matter. It is important. If you file in the wrong court, you will lose two months.

Pay the state fee. It's easier here. The state duty is 300 rubles. 00 kop. Details are available on the court's website. You need to pay at Sberbank. A receipt for payment is attached to the claim.

Write the claim correctly. This is the most important thing. The claim to lift the entry ban is the main thing in the process of lifting the ban. This is a fundamental document that will help open entry into the Russian Federation. We will give a simplified but absolutely correct form of this document.

ADMINISTRATIVE CLAIM STATEMENT

DESCRIPTION OF KEY FACTS
In relation to the Administrative Plaintiff, the Administrative Defendant made a decision to deny entry into the territory of the Russian Federation on the basis of paragraphs. 12 hours 1 tbsp. 27 Federal Law of August 15, 1996 No. 114-FZ.
The administrative Plaintiff fully admits his guilt in exceeding the period of stay, but brings to the attention of the Court that this was done without intent. The violation was caused by the fact that the Administrative Claimant simply did not know the rule governing the total period of stay for 180 days, however, he asks the Court to take into account the circumstances mitigating his liability.
The administrative Plaintiff is in a marital relationship with a citizen of the Russian Federation - full name, which is confirmed by a marriage registration certificate.
BASES OF THE STATED REQUIREMENTS
Close relatives of the Administrative Claimant live on the territory of the Russian Federation.

STATED REQUIREMENTS
cancel the decision to deny entry in relation to the Administrative Claimant.

APPLICATION
Passport of the Administrative Plaintiff, notarized translation, copy, 2 pages;
Documents confirming relationship with citizens of the Russian Federation, copies, 15 pages;
Administrative claim with attachments, copy for the Administrative Defendant, 19 pages.

Here is the most simplified form of a claim to lift the entry ban. In principle, you can go to court with such a claim, it will be accepted and considered, but whether it will be satisfied is, of course, a question. We give full rights to use this example; at the time of writing our article, the example complies with the procedural requirements of the law.

But let’s return to the algorithm for judicial lifting of the ban.

File a claim through the forwarding court or send by mail if you are not in Russia. You need to go to court with three identical claims: to the court, to the defendant, on the third - the court’s mark on acceptance;

Monitor the court website for information about the acceptance of the claim and the dates of the court hearing. It's simple. Go to the website of the court you need and enter your last name.

Take part in court hearings. In court, show the original documents that you have. Tell the judge why you think the ban should be lifted.

If the entry ban is lifted, the Defendant will have a month to appeal the court's decision.

After the decision comes into force, receive it from the court office.

After you have received the court decision, take it to the Ministry of Internal Affairs for execution. Write a covering letter and attach a certified copy of the decision. In the letter, inform that there are court decisions according to which the entry ban must be lifted.

The ban must be lifted within a month. You can enter the Russian Federation.

When simplified, it looks pretty simple, right? But as soon as you start writing a lawsuit to lift the entry ban, so many little things will come up that your enthusiasm will immediately disappear. Therefore, order legal documents from specialists. We will do it quickly and efficiently.

We won't miss anything simply because we do it every day. We have hundreds of written lawsuits to lift the ban, hundreds of complaints about deportation, and no less applications to the Federal Migration Service to lift the entry ban. We specialize in this, and believe us, we will do it better than you. Contacting an immigration lawyer will increase your chances of success in court.