The Constitutional Court allowed Russians to register in apartments

The Constitutional Court recognized the right of Russians to register in apartments The country's main court has issued a ruling allowing citizens to register in apartments at their place of residence. The decision was an important step in eliminating the legal contradiction that has long made life difficult for the owners of such housing. The applicant's story and the reaction of the courts The case was based on a complaint from Victoria Piunova, a resident of St. Petersburg. She tried to register herself, her husband and two children at the place of stay in a hotel-type apartment that belonged to her mother-in-law and had the status of a non-residential building. Despite the provision of a full package of documents, including the consent of the owner, the Ministry of Internal Affairs and the courts of all instances, up to the Supreme, refused her. Their position was that the current law does not directly provide for the registration of citizens in non-residential premises upon their application. The legal position of the Constitutional Court The Constitutional Court of the Russian Federation disagreed with this approach, pointing out a number of contradictions. Restriction of constitutional law. The judges noted that the widespread practice of long-term actual living in apartments, which are similar in their characteristics to apartments, was in conflict with the law. The inability to register at such a place of residence restricts a citizen's constitutional right to free choice (article 27 of the Constitution of the Russian Federation). Violation of property rights. The Constitutional Court also found a violation of the apartment owners' rights. Since legal residence in the premises is associated with registration, its absence does not allow owners to fully use their property for personal or family needs, including providing it for living to close relatives. The essence of the decision and its consequences In its decision, the Constitutional Court of the Russian Federation came to the following key conclusions: The contested legislative norms were found to be inconsistent with the Constitution of the Russian Federation. The federal legislator has been instructed to make the necessary changes to the legal regulation in order to regulate the registration procedure in non-residential premises used for living. Until the changes are accepted, apartment owners have the right to register at their place of residence in these premises on a general basis. Important clarifications The decision of the Constitutional Court is specific and does not change the basic status of the apartments.: We are talking only about temporary registration at the place of stay, and not about permanent registration at the place of residence. The legal status of apartments as non-residential premises, and hence the associated features of taxation and payment of utilities (usually at higher rates), remain unchanged. Registration does not impose obligations on the state to create additional social infrastructure (schools, clinics) around apartment complexes. Thus, the ruling of the Constitutional Court eliminates the legal gap and protects the rights of citizens, but does not equate apartments to residential premises, leaving in force all their legal and financial features.