Updates in legislation on registration of address residence

04.11.2017 | Legal

In March 2016, a decree of the Cabinet of Ministers of Ukraine was enacted, which established a new procedure for registering and removing from registration the place of residence of an individual. For the residence without registration can now be brought to administrative responsibility. So far, only in the form of a fine. In this resolution, the functions of the authorized representative for conducting the registration, the body, are detailed. Rules for address registration of residence, approved by Resolution No. 207 of 02.03.2016, determine: the mechanism for passing the registration procedure, temporary registration in Ukraine, removal from the register at the place of residence.

Now the functions of the registering body are assigned to the executive bodies of the city, village council or village council. Information on the place of registration and on de-registration is still entered in the passport. A feature of the new rules is the possibility of removing from the registration of the place of residence on the same day as the registration at the new address. As you know, in Ukraine it is forbidden for one person to be registered at several addresses simultaneously. For this reason, the legislator tried to systematize the procedure for registration and withdrawal from registration. Only here is the list of documents required for the presentation of the registrar is not clear, and in practice the procedure may be complicated.

Obligation to register

A citizen of Ukraine, a foreigner or a person who does not have citizenship, when moving to a new place of residence, must register at the new place of his stay. Failure to comply with legal requirements will result in the imposition of administrative penalties. Let’s try to figure out if everyone needs a temporary registration.

According to the innovations of the Cabinet, a period of 30 calendar days is set for applying to the registration authority for the new place of stay with the corresponding application. When entering Ukraine, the thirty-day period is calculated from the moment of arrival at a temporary place of residence in accordance with the established procedure.

Only in practice there can be a number of collisions. Firstly, most often the move is associated with a change of work. And not always this work is official and permanent. And secondly, not every landlord will want to register an unfamiliar person. Therefore, the introduction of temporary registration of citizens to date has not yet been adapted to all the realities and problems faced by Ukrainians and foreigners in the search for housing.

Of course, the legislator’s requirement is easy to fulfill if the citizen is going to live with relatives, or bought an apartment. One of the conditions for registration in an apartment that does not belong to the applicant, and without a lease agreement is the consent of the apartment owner. This situation protects the property owners themselves from the “correspondence” registration without their knowledge.

De-registration procedure

With regard to the removal from the registration of the place of residence, such procedure may occur simultaneously with the registration of the new temporary place of residence of the applicant. The deadline for the cancellation procedure should not exceed one day. That is, on the same day when the application for registration at the new place of residence was filed, together with the application for withdrawal from the previous registration.

Required for withdrawal from registration, documents:

Application according to the approved form;

Documents confirming the absence of the right of an individual to reside at this address. It is noteworthy that the legislator referred to such documents the decisions of the courts on the recognition of the missing, on the deprivation of property rights, the right to use housing;

Other documents confirming the termination of the grounds for the alien’s stay on the territory of Ukraine, termination of the lease agreement.

Since this list is not detailed for each specific situation, in practice there may be a number of difficulties in contacting the registration authority. Therefore, at occurrence of any questions, it is recommended to address to experts for reception of the qualified legal consultation.

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