The Constitutional Court of Russia allowed registration in the apartment
The Constitutional Court of Russia has allowed citizens to register at their place of residence in non-residential premises, including hotel-type apartments. This was announced on February 3 by the court's press service.
"In modern conditions, it is common for citizens to stay for a long time, but actually live in non-residential buildings that <...>..> similar to apartments, but not included in the room stock of hotels and other accommodation facilities. They can objectively be used for personal, family, household, and household needs. The inability to register in them, despite the fact that temporary residence in them is not prohibited, restricts the right to freely choose a place of stay," the ruling says on the court's website.
The decision was made on the complaint of Victoria Piunova, who was refused family registration in an apartment in St. Petersburg. The court recognized that the current rules violate the right to freely choose a place of stay and the right to private property, since the owners of such premises cannot use them for personal needs.
At the same time, the court emphasized that its conclusions do not apply to registration at the place of residence and do not cancel higher property tax rates and utility bills for owners of non-residential premises.
"[The court's conclusions] also do not mean the introduction of the obligation of citizens to register in such non-residential premises (apartments. — Ed.), while this obligation in relation to such premises will not be explicitly expressed in the regulatory regulation," the resolution says.
The applicant's case is subject to review, the Constitutional Court noted. The Government has been instructed to make appropriate changes to the laws.
Yevgeny Gibadullin, a lawyer at the MUR bureau, said on December 6 last year that living outside the place of registration could lead not only to administrative fines, but also to serious legal consequences, including problems with obtaining court notices, military registration and access to social services.
According to him, citizens who live without registration at their place of stay for more than 90 days or at their place of residence for more than seven days after moving can be fined from 2 thousand to 5 thousand rubles. Homeowners who have allowed such accommodation will pay up to 5,000 rubles, and legal entities — up to 800,000 rubles.
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