Because of the war, a significant number of people went abroad. That is why the Procedure for declaring and registering a place of residence, adopted by the Cabinet of Ministers on February 7, 2022, has changed somewhat.
ICTV Facts learned from lawyers of Free Legal Aid how to expel a person from an apartment during martial law, and whether this can be done without his consent.
How to discharge a person from an apartment: order
In accordance with Article 61 of the Procedure for Declaration and Registration of Place of Residence, a person can be discharged without his consent, but only if he is not the owner or co-owner of the property and is registered in a specific apartment.
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Instructions on how an owner can remove a person from his apartment:
- To do this, you need to contact the nearest Central Administrative Service with a document confirming ownership.
- You must present an identification document.
- Apply for discharge.
Who cannot be evicted from the apartment without his consent
However, there are certain categories that cannot be discharged without their consent, which is due to martial law.
Categories of persons who cannot be discharged from housing:
- People who work on a rotational or scheduled basis and go on business trips quite often;
- Persons on the expedition;
- People who have disabilities and are in a special social institution;
- Elderly people who are in a nursing home;
- Prisoners;
- Persons undergoing treatment.
— If a property has several owners, then a person cannot be discharged without the consent of all property owners. That is, all co-owners of an apartment or house must come to the Central Administrative Service, — lawyers note.
In addition, it is impossible to expel the owner or co-owner of the property from the apartment without his consent and direct presence at the Central Administrative Office.
Is it possible to sign a child out of the apartment
The category of persons who cannot be discharged includes minor children, as well as their legal guardians, that is, the father or mother who is registered in the apartment with the child. That is, the man who owns the home cannot discharge his wife and child.
It is quite difficult to discharge a minor child from an apartment, even if there is the consent of the legal guardian. You will need a certificate from the Children's Services.
Is it possible to discharge a military man from his apartment
Some owners are interested in the question of how to discharge a person from an apartment who does not live there and is on the front line. The state protects the interests of military personnel. Therefore, it is forbidden to write out without consent:
- Militaries who are in captivity
- Mobilized apartment residents
— If a person who is on the front line or in the ranks of the Armed Forces of Ukraine wants to be discharged, then he needs to contact the Central Administrative Service in person, — lawyers noted.
His wife or relatives, even with his consent, will not be able to discharge him, since during martial law this category of persons cannot be discharged from their housing without consent.
— Before the war, it was possible to deregister using the Diya portal, but due to martial law, this opportunity disappeared, lawyers note.
CPAU must inform the person who was deregistered of the corresponding decision. This is necessary so that a person can file an application in court if he disagrees.
If the person who was discharged does not agree with this and wants to return the registration, he can file a claim in court. The registration can be restored if the court receives information that certain violations were committed during the discharge. The registration will be returned if the discharged person belongs to categories that cannot be discharged.
