Does a police officer have the right to check documents on the street?

In what cases can a registered person apply for an apartment?

August 20, 2018 Everyone knows that registration at the place of residence gives a person, first of all, the right to live in an apartment (provided that he was moved into it). Meanwhile, in some cases, registration gives a person much more: incl. the opportunity to claim the apartment itself and become its owner. At least three possible situations confirm this, and this applies to both privatized and non-privatized housing.1.

The apartment is not privatized. Of course, registration in such an apartment gives the tenant the right to become its owner in the future - through privatization. State and municipal housing can become the private property of citizens who use it on the basis of a social rental agreement. And convincing proof of that very right of use is permanent registration at the place of residence. And convincing proof of that very right of use is permanent registration at the place of residence. Therefore, an adult citizen can once in his life privatize the housing in which he is registered, and can also, conversely, prevent privatization by not giving his consent to it (and this is a necessary condition for privatization).

2. The apartment has been privatized. Of course, in this case, the threat from a registered tenant for the owner is not as high as in the case of non-privatized housing. But, nevertheless, it cannot be said that it does not exist at all. Firstly, a registered tenant can “replay” the situation with the emergence of private ownership of an apartment if it was privatized in violation of his rights. Quite a lot of examples have accumulated in judicial practice when upon the claim of a registered tenant, the privatization was declared invalid and the plaintiff was included in the number of persons who could re-privatize this residential premises.

And the reason for this is mainly the illegal exclusion of a registered tenant from the number of persons who have the right to participate in privatization. Let me give you a few examples: - privatization and the will drawn up for the apartment were canceled because...

at the time of privatization, the tenant’s 15-year-old daughter was registered in the apartment.

Her parents did not include her in the privatization agreement, and, accordingly, among the owners, thereby actually expressing her refusal to privatize. Meanwhile, the consent of the guardianship and trusteeship authority for such a refusal was not issued, and therefore the privatization was carried out in violation of the law; - the privatization of the apartment was declared invalid, because

took place without the participation of the employer’s son, who was serving a sentence in prison and was deregistered as temporarily absent. Meanwhile, the Constitutional Court in 1995 declared illegal the deprivation of the right to use residential premises due to the temporary absence of a citizen, incl.

associated with serving a criminal sentence. Therefore, despite the deregistration, the citizen retained the right to use the apartment, and, accordingly, the right to privatize it. The court’s recognition of the illegal eviction and deregistration of a tenant before privatization ultimately leads to the cancellation of subsequent privatization, because this means that it was carried out without the participation of an authorized person.

The only thing that can protect the owners in this case is a reference to missing the 3-year limitation period. Secondly, the tenant registered in the apartment can claim the apartment as an heir. The fact is that the law includes among the heirs disabled dependents who lived with the testator for at least a year before his death.

The fact is that the law includes among the heirs disabled dependents who lived with the testator for at least a year before his death. Moreover, they may not be among the relatives of the testator, but, nevertheless, they inherit in equal shares with the rest of his heirs. If the apartment was bequeathed, then such dependents still have the right to receive at least half of the share that would be due to them upon inheritance by law.

Thus, registration in the testator’s apartment serves as confirmation of the fact of cohabitation, which, along with disability and dependency, gives the right to inherit this very apartment. As a result, he becomes the owner - albeit not of the entire apartment, but of a certain share of it. As you can see, registering a tenant in an apartment is not always safe for its owners.

What rights does someone registered in an apartment, but not the owner, have?

Anonymous question · July 6, 2018114.9 KInteresting10Do you know the answer to this question? Share your experience and knowledge4 answers · 104SubscribeAny person, according to the laws of the Russian Federation, must have a residence permit.

He is obliged to report his location to the relevant department and receive a registration mark in his passport.

And in case of temporary registration, a registration certificate.

In this case, the citizen may not be the owner of the living space in which he is registered. However, registered on. Read more2 · Good answer4 · 14.3 Kwhat to do if this person does not live at the place of propika but constantly rents it out to strangers? Reply2 Show more Comment on the answer. Advertising · 771 Analyst, accountant, interested in cooking, knitting, flowers, home economics. Subscribe A person registered in apartment, even without being its owner, has the right to register his minor child in it.

All apartment residents undertake to fulfill all duties related to the use of housing that are assigned to them.

If a person is granted the rights to use an apartment under an agreement, which is concluded respectively with the owner. Read more18 · Good answer10 · 56.9 KHave I registered my grandson and daughter with my rights? Reply1Show 1 more commentComment on the answer. is hidden()

Is the person registered in it entitled to an apartment?

Hello! My husband is in his second marriage and we have a child. Does my husband’s child from his first marriage have rights to our apartment (the owner is the husband, with a bank encumbrance), purchased with a mortgage loan (for 20 years)?

This is interesting: Housing certificate calculator for large families

At the request of my parental family, being married, I bought an apartment with my own money under the Mortgage program. At the moment, the apartment is pledged to the bank. But I’m scared that after repaying the loan debt, “showdowns” will begin between my young family, my mother and father (they are divorced). The father is registered in the new apartment, but he has a 1/4 share in the joint family apartment.

Capabilities of a registered person

What rights does someone registered in an apartment have? Do they even exist? And is this person a full participant in such a relationship? Yes and no. Only those persons who have his permission live in the owner’s apartment.

That is, in any case, everything depends on the person who is the full owner of the property, even if the registration procedure for some reason is not controlled by him, which is unlikely.

And speaking about the capabilities of people receiving registration, it should be noted that they will be determined by only two options. A person who is not recognized as the owner has no rights to claim housing or even a share in the apartment.

That is, its role in carrying out registration is exclusively of a notification nature.

As you know, even if a person is a former owner and previously had some rights to an apartment, after their loss he becomes the same registered person as other participants in the relationship.

That is, opportunities are determined by whether the property is in the full possession of a person or not. At the same time, the rights of those registered in the apartment are still established, which should not limit the rights of the owner in any way. These include the following:

owners provide the opportunity, by referring to the registration address, to receive documents on insurance and tax invoices;
the right to live in an apartment for persons who are not owners;
if there are more than two people living in an apartment, and one of them needs to register his child under eighteen years of age, then the consent of other persons will not be required;
a registered person living in an apartment does not always have the opportunity to make decisions, but if the housing is municipal, then no actions to register other persons will be allowed without his consent.
For business needs, registration is also used, but only to determine the location of a person;
registration, which gives benefits to registered persons, also allows the use of various social benefits, for example, enrolling children in schools;
the right to use existing household and other common items located in this apartment;

In addition, additional opportunities can be discussed directly with the owners.

In some situations, a registered person may even claim the right to live in an apartment for life. Separately, it is necessary to say about cases when registration is carried out in an apartment that has an owner not in the person of a citizen, but in the person of authorities, that is, a municipal one. At the same time, most citizens see this situation as fundamentally different from housing with a specific owner.

However, in reality there is none. The procedure for obtaining registration is the same, the list of documents is similar, and also the registered person will have their rights determined when living in a municipal apartment. To purchase registration in a non-privatized apartment, you need to obtain the consent of not only its other residents, but also the government authority of the specific municipality that provided this apartment.

As for the rights, they are identical to those given to persons registered in the apartments of private owners. Such citizens can also freely live in an apartment, register their relatives and other persons there, and use some property.

Regarding the opportunities that registration itself provides, a citizen also has the right to benefits, medical and social security, contacting authorities, and so on.

That is, there is no difference. The only exception would be the need for additional consent from the municipality.

The form of use, and in this case it is a social rental agreement, will not play any role in this matter. Thus, a person who has purchased registration in an apartment has a number of options regarding such housing. And this is regardless of whether it is the property of a private person or belongs directly to the municipal authorities of a particular locality.

We recommend reading: At what age can you register a marriage in Russia?

A citizen can live in an apartment, use common property, receive various types of security and count on help from the authorities. The only limitation is the inability to fully dispose of housing, at least without the consent of its owner.

Did you like the article? Share with friends: Issues related to registration concern every conscientious citizen. Actions related to registration are mandatory for residents. Among the documentation completed immediately after the birth of a child, an important point is Form 8 o How many people can be registered in an apartment depends on the consumer qualities of the housing and the will of it For those who do not have time to change their registration or the opportunity to personally participate in the procedure

What rights do patients have when admitted to a psychiatric hospital?

The Psychoactive community has released an important memo on the rights of patients in psychiatric hospitals - psychiatrist Maria Gantman answered the main questions. We publish with the permission of psychoactivists (and do not forget to subscribe to their group on VK).

In what cases does a psychiatric ambulance team have the right to take a person to a psychiatric hospital?

It happens that a person, after talking with a team psychiatrist (and among them there are very intelligent, reasonable people), agrees to go to the hospital, that is, he is hospitalized voluntarily. We are talking about involuntary hospitalization if the doctor believes that the patient’s condition meets the criteria of Article 29 “On psychiatric care and guarantees of the rights of citizens during its provision” and there is “an immediate danger to himself or others; or helplessness, that is, the inability to independently satisfy the basic needs of life; or significant harm to his (the patient’s) health due to a deterioration in his mental state if the person is left without psychiatric help.” In practice, such decisions are made if a person is in acute psychosis (delusions, hallucinations, aggression) or with severe dementia (dementia).

What is the maximum time within which a patient must be transported to the PD?

If there are no places, and hospitalization is urgent, it turns out that they can transport you until they find where to hospitalize. There is no minimum or maximum time specified anywhere. But responsibility for the safety and well-being of the patient at this moment rests with the team.

A question related to real cases of hospitalized patients. When can a patient be handcuffed?

Information about handcuffs does not appear in the Law. In addition, the measures taken to restrain the patient and immobilize him must be reflected by the doctor in the direction for hospitalization (nature, duration of use). Quote from the Law:

To accompany an agitated, aggressive, and resistant patient, the following techniques are used:

a) being on the side of the patient, each of the team workers covers his body with his hands, holding his wrists;

b) approaching from the side or behind, quickly and energetically take his hands crosswise behind his back (the one standing on the left takes the patient’s right hand, on the right - the left). When escorting a patient, walk to the side of him, not behind him (danger of being kicked);

c) they try to turn the lying patient onto his stomach, fixing his hands behind his back. It is prohibited to press the knee on the chest (risk of broken ribs), grab the throat or use other harsh physical measures.

What should a patient do if physical force is used against him? Is there an organization that can help and refer lawyers?

I only know the Public Reception of NPA of Russia, but my patients did not go there. The provision on independent medical examination, which is mentioned in the Fundamentals of Protecting Citizens' Health, does not exist in nature. The human rights service mentioned in the Law on Psychiatric Care also does not actually exist.

The patient arrives at the PD. He is asked to sign papers for voluntary hospitalization. Is the receiving psychiatrist required to verbally explain to the patient exactly what the patient is signing up for?

Obliged because it is informed consent. Moreover, the patient may later say that “I was in an obviously altered state, I did not understand what I was signing, and the doctor saw this, he also diagnosed “acute psychosis.” And he will be right. Such hospitalization must be formalized as involuntary, that is, within 3 days there must be a judicial conclusion that it was carried out lawfully. It is in the doctor's best interest to explain in as much detail as possible what the patient is signing and make sure that he really does not mind. Because if the chart shows that the patient did not really understand what was happening to him, the doctor can be sued.

Do the PB have the right to confiscate a mobile phone and if so, according to what law?

I haven't found such a law. Confiscating a mobile phone from everyone, preventively and forcibly, does not stand up to any criticism from a legal point of view. Let's assume this is an order from the chief physician or department head. Suppose I am a patient, and I believe that in my case this is contrary to Art. 29 paragraph 4 of the Constitution: “Everyone has the right to freely seek, receive, transmit, produce and disseminate information in any legal way.” They answer me something like: “You will call anywhere at night and disturb people, you are inadequate.” Well, why did you decide that I would do this? I don’t do that, I haven’t done that and I don’t intend to. And it is impossible to prove that I have such an intention. “They will steal it from you and you will blame us.” Again, not a fact. I will guard it, and if it is stolen, I am not going to blame you. “You will film unicameral members and this will be a violation of medical confidentiality. And we must protect it." Okay, why then can’t you have a phone without a camera? And with the camera, I can give it to the head nurse and talk only in front of her.

PD departments give out 3-5 cigarettes per day. If the patient wants more cigarettes, the staff tells him that the patient can wash floors or serve food. Then more cigarettes will be issued. What is wrong in this situation and what should it be according to the law?

According to Federal Law No. 15 (Anti-Tobacco Law 2020), smoking is prohibited on the premises of medical institutions. By law they must not give a single cigarette. Research shows that people with mental disorders improve after quitting smoking, the effectiveness of medications increases, and life expectancy increases. But at the same time, there must be a high-quality system of assistance in quitting smoking during hospitalization. That is, conduct supportive psychotherapy, nicotine replacement therapy and behavioral methods. We all know how far from reality this is. Hospital wards are filled with heavy smoke, and both patients and staff contribute to this. As for forced labor, it is prohibited according to the Constitution. That is, it is actually illegal to pay for the work of a mentally ill person addicted to nicotine with cigarettes.

The patient wants to know what drugs are being given to him. He asks the nurses about it. They are rude or dismissive. Is this legal?

Nurses can shrug it off, but doctors cannot. According to the Fundamentals of Protecting the Health of Citizens, a person has the right to receive comprehensive information about his health in a form accessible to him. And the doctor should tell this.

A patient who has signed a voluntary agreement for hospitalization is dissatisfied with the conditions of the hospital and wants to write a refusal to be hospitalized. His doctor tells him that he can do it, but then he will have to convene a medical examination and consider involuntary hospitalization, so “it’s better for him to take it easy for a couple more weeks.” What should the patient do?

A possible scenario is this: the doctor writes in the outpatient card: “negative, shows verbal aggression, agitated, accuses employees of ...”, etc. And then he will have to prove in court that this was not a sign of psychosis and did not pose a danger to anyone. Therefore, no matter how sad it may sound, it is most effective for the patient to be impeccably polite and peaceful and try to calmly find out from the doctor what exactly causes him concern for safety.

What types of departments exist in the PB and to which departments are people sent for what conditions?

The main types are sanatorium type (open) and “acute” (closed). The regime in the open department is more free (there are TVs, walks, more visits, etc.). In a closed room, people with more severe disorders, to whom measures of constraint, isolation, etc. may be applied.

What should a patient do if he wants to be transferred from an acute department to a sanatorium?

Since this is decided by the head of the department with the participation of the attending physician, the patient needs to make it clear by his behavior that he is calm, friendly and ready for a constructive dialogue, that is, his condition no longer poses a danger and does not require close monitoring around the clock.

What should a patient do if, in response to his questions about how long he should be in the hospital, what drugs he is given and what his diagnosis is, nurses threaten to inject him with strong drugs? The most common is threats with haloperidol.

The nurse is not qualified to prescribe psychotropic medications and is not authorized to do so. This is definitely not part of her job description. At the same time, in the standard job description, of course, there is a clause: “The ward nurse has the right, in the absence of a doctor, to provide emergency pre-medical care to patients in the department.” That is, in the event of a claim, the nurse will be required to prove that she did not have access to a doctor (which is almost impossible in a hospital) and that without the injection of haloperidol the patient would have died (which is also difficult to imagine).

Does the medical staff have the right to demand that the patient eat, get out of bed, or go outside? Does the medical staff have the right to “punish” the patient for non-compliance with these requirements?

There are no legal mechanisms for punishing patients from medical staff. These can all be strong recommendations and polite encouragements, but nothing more.

Who decides whether a patient can be discharged and on what basis?

During voluntary hospitalization, the patient can write a statement refusing medical care and leave the hospital at any time. If the doctor believes that it is dangerous to release the patient, he must initiate an examination of the patient by a medical commission. The doctor can make such a decision unilaterally and refuse to discharge the patient before the commission, but only if this is item “a” from the list of reasons for involuntary hospitalization - a danger to himself or others. If it is concluded that involuntary treatment is indicated, then he may be held for 5 days after the application is sent to the court until a court decision, and then hospitalization becomes involuntary. If they simply say “we won’t let you out” and continue hospitalization under the same conditions, this is illegal.

What rights does a registered person, not the owner, have?

To better understand what exactly a registered person who is not an owner can or cannot do with his registration, here is a list of actions available to him:

Receive TIN and SNILS.
Specify the place of registration when applying for a job.
Receive benefits and subsidies.
Register a minor child/children in the apartment.
Live in an apartment (that is, use, but do not own).
Register as an individual entrepreneur, indicating the registration address.
Provide consent to the registration of other persons.
Use the property located in the apartment (but again, not own it, that is, he cannot sell or exchange it).
Enroll your child in a school, kindergarten or hospital at your place of residence.

Taking into account all of the above, any registered person receives rights to use, but not own, real estate. Formally, a person can do practically nothing with an apartment or share, except to notify everyone that he lives here.

Despite the obviousness of the above, many people have doubts about the true purpose of people trying to register in an apartment (especially true for temporary registration, for example, when renting real estate). At a free consultation, experienced lawyers will help you understand possible problems, and they are ready to represent the client’s interests in any situation that could potentially arise. Save or share the link on social networks (1 ratings, average: 5.00 out of 5)

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Responsibility for filming without permission

If photography is carried out in public places, no liability is established.

This is explained by the fact that the law only protects the privacy of citizens, and materials obtained in free access areas, including a bank, store, etc., in no way belong to this category. If the photo or video material is in any way defamatory, humiliating or insults a person, he has the right to contact law enforcement officers with a demand to remove the image (video) from public access. If illegal filming is carried out against a specific person for the purpose of further profit or defamation, then the user can protect his interests and open a criminal case.

To do this, you will need to write a statement to the police demanding prosecution under Article 138 of the Criminal Code of the Russian Federation. Unauthorized filming entails a monetary fine and compensation for moral damages.

What right does registration in an apartment give a citizen?

The procedure according to which registration is carried out is determined by the Law of the Russian Federation of June 1993. According to this law, a person has complete freedom of movement throughout the territory of Russia and his duties include informing the state about his place of stay.

What rights does registration (permanent) of a citizen in municipal housing give? A person living in such an apartment receives the same rights that permanent registration gives if the housing is privatized.

Ownership of such housing is exclusively vested in the municipality, so residents cannot dispose of the apartment.

Their right is to privatize housing (with the consent of the municipality), after which everyone registered becomes the owner of a share in the apartment.

If the registration is with the spouse

The second case is when . Here you need to look at when the husband and wife bought the apartment?

If this happened during the marriage, the housing is considered jointly acquired property ().

The law does not take into account whose name the property was registered in - either the husband or the wife.

Joint property is divided in half, unless otherwise agreed by the spouses themselves:

if the wife (husband) was not registered in the joint apartment, equality of shares is preserved.
if the spouse had registration in the apartment, during a divorce he will be able to claim ½ of the living space ();

So, in the case of division of property, the status of the living space is taken into account - the jointly acquired property goes into the shared ownership of the husband and wife. Example: The Safronov couple purchased a 3-room apartment.

After 15 years, they closed the mortgage, but registered the housing in the name of their husband. The wife received an inheritance from her grandmother, so she only had a registration in the joint apartment.

Quarrels between the spouses led to divorce - the decision was mutual. Safronov believed that his wife had no rights to the apartment. Since the housing is registered in HIS name, that means he is the sole owner.

The ex-husband demanded that his wife deregister, pack her things and move out. However, in practice things turned out quite differently.

The wife filed a lawsuit in order to recognize her ownership of ½ of the apartment. The basis is a joint purchase of housing during marriage. Taking into account the provisions of Art. 34 and art.

39 of the RF IC, the court satisfied Safronova’s claims. The living space was divided into two equal shares.

The court explained to the defendant that in the case of joint property, registration/absence of registration of spouses does not matter.

Registration and privatization

Does registration give you the right to own property in an apartment if you are registered there? It can be significant in cases where housing privatization is expected.

All residents registered in the apartment (room, dormitory) at the time of privatization have the actual right to a share of the property, if they have not previously taken part in such a procedure. If disputes arise, the person who wants to be deprived of a share of the property is discharged (or he waives his right and can use it in the future). If a tenant refuses privatization in favor of another tenant, he cannot be discharged from the apartment by decision of the owner - only by court decision. What other rights does registration in the apartment give?

The registered tenant (not the owner) has the priority right to purchase real estate or a share in it if the owner wants to sell it. What is affected by the number of people registered in the apartment? Depending on the number of residents, utility bills are assessed, and in many cases, residents who do not live at their place of registration for a long time are asked to leave (or file a claim).

Does registration give you the right to own a home?

As you know, registration involves two types. The first is permanent registration, which is established indefinitely. The second is temporary registration, which is issued for a specific period and allows for its further extension if necessary. The procedures in the first and second cases are similar. The only difference is the registration note. For permanent registration, a stamp is placed in the passport, and for temporary registration, the person is given a corresponding certificate of registration.

There are two registration options. This is either a registration with the owner of the apartment, or a registration with the right to living space. Both options do not change the essence of registration in any way. Its meaning is that it is a certain guarantee that a person can be in a particular region, live there and enjoy possible social benefits. Does registration affect the right of inheritance, the right to a share, the right of lifelong residence? No. There is some connection with such a phenomenon as the right of residence, otherwise registration has nothing to do with issues of property disposal.

27 Aug 2020 lawurist7 140

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Does a registered person have the right to claim a share of living space?

Connection to place of residence is important.

If a person does not have a residence permit, he can be fined, and in the case of foreigners, expelled from the country. Therefore, having a residence permit guarantees that problems will not arise. True, now the term “registration” is already outdated - it would be more correct to call it registration. Many people think that obtaining such a registration gives privileges.

For example, ownership of a share in an apartment. Since a person occupies a living space, why not also get a share? We hasten to upset you: neither temporary nor permanent registration in an apartment gives ownership rights to a share in the living space. A note about the difference:

Information about ownership - a state-issued certificate or extract from the Unified State Register of Real Estate with a seal.
Registration information – a stamp in the passport or a certificate of temporary registration.

It follows that in the absence of documents for a share, a person cannot be considered its manager. The presence of registration is not related to the right of ownership, and vice versa. The owner of the share may not have registration in the apartment at all (registration at a different address).

But this does not deprive him of the right to part of the housing.

The same cannot be said about a registered person - even if he occupies a room, pays part of the utilities, runs the household and participates in repairs - he cannot claim a share of the living space. However, there are exceptions to any rule.

Does the person registered in it have rights to the apartment?

When I was fired without warning or pay, I was shocked. Unfortunately, this happens often in our country, and many do not know what to do. I was lucky - I found your website on the Internet and ordered a call from a lawyer, who called almost immediately.

This is interesting: Certificate of the Daughter of the Participant in the Elimination of the Emergency at the Black Sea

I had serious problems when registering real estate. The case seemed doomed, but things got better after I received full consultation from your lawyer. Vitaly turned out to be a real professional. He explained all the nuances in accessible language and provided invaluable support.

Where can I complain about the illegal actions of a security guard?

If a security guard violated any right of a visitor, the visitor can complain directly to his employer - the management of the security company - the police, the prosecutor's office, or file a lawsuit.

In court, it is possible to recover compensation for moral damage from a private security company employee who has exceeded his authority. It is necessary to collect evidence of violation of rights. This could be witness testimony, a certificate from a medical institution about bodily harm, a video recording, etc.

d. At the moment of violation, the visitor can film what is happening on camera.

Can a local police officer stop a car?

According to Order of the Ministry of Internal Affairs of the Russian Federation No. 444 of June 2, 2005, which defines the powers of police officers, a local police officer will act within the framework of regulatory rules if he requires a vehicle to be stopped on official territory during work. Based on the results of communication with motorists, he has the right to draw up protocols in cases of administrative offenses.

The legally adopted algorithm of actions assumes that, on the basis of the information recorded by the inspector, a resolution on the application of administrative sanctions is issued. This document is subject to appeal, unlike the protocol in the case of an administrative offense.

The decision can be canceled if evidence of the absence of a violation is found (testimony of witnesses, expert data, video and photography). Another basis for avoiding liability is that the unlawful action was forced. For example, the driver had to drive into the oncoming lane to avoid hitting a pedestrian crossing the road in the wrong place. It is better to voice all these circumstances at the time when officials are taking steps to draw up a protocol.