Is it possible to register a convicted person without his presence?

Who is prohibited from being discharged by law?

According to the law, any citizen of the Russian Federation can be discharged if he is capable, sane and of age. However, there is a certain category of citizens who are prohibited by law from being evicted from their apartment, even if they or the fact of their registration causes inconvenience. This:

• Owners of minimal shares who took advantage of the opportunity of fictitious registration.
• Not the owners who live in the living space by testamentary refusal. The testator could set such a condition - residence in the apartment of third parties, in addition to the recipients of the inheritance.
• A person who refused privatization. At the same time, the owner can deregister such a citizen if he proves that the person registered has lived at a different address for many years.
• Former spouse, if the marriage contract provides for his residence while searching for other housing.
• A minor who was sent to an orphanage. The child retains registration in the parental apartment.
• Persons without a fixed place of residence. Without an alternative place of residence, they are discharged only in the event of deprivation of parental rights from an apartment owned by the child. This is the case when the court’s decision is influenced by the life circumstances of the registered person.

Family ties matter only in the latter case. Divorce and contestation of parenthood mean the loss of a family connection. The testator, in turn, can bind the recipient in relation to any person.

How to properly draw up a power of attorney from the owner for registration

• a power of attorney gives the right to carry out registration actions only in relation to the principal;
• the text of the power of attorney must contain precise instructions on the right to perform such actions as representation on behalf of the owner in the Federal Migration Service, drawing up and signing an application on behalf of the owner, providing and receiving documents for the apartment and identity cards on behalf of the owner.

If you receive their consent to accept documents from a trusted person, you will need to issue a notarized power of attorney for registration in the apartment. It is advisable to obtain a sample of such a document from FMS employees in order to eliminate the insufficient amount of information and powers specified in the power of attorney.

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Legal ways to eject a non-owner from an apartment without his consent

How to register a temporarily registered person if you bought a property that you previously rented out? Just write an application for deregistration indicating the date of departure. Another option is to wait until the lease ends. Registration will be canceled automatically. But it’s better to ask the former owner to take care of this problem. How can an owner discharge a tenant who doesn’t want to move out? That’s his problem.

Interesting: What does the yellow dividing line on the road mean?

You will need: data on the status of your personal account, a traditional statement of those who are registered, copies of passports (or other identification documents), copies of registration certificates of the previous and new real estate where you plan to live with the child. How to discharge a registered person from an apartment who is renting a house and has children living with him? If you have issued a temporary registration for tenants, then wait until the end of the lease agreement.

Discharge against the prisoner's wishes

It is not always possible to characterize family relationships as trusting. In addition, it may very well be the case that a prisoner poses a threat for some reason. In this and similar cases, it makes no sense to expect that he will voluntarily check out of this living space. How to discharge someone who lives in it from an apartment?

The overall flow of the procedure will remain broadly similar with one important difference. The right to discharge a convicted person in such a situation will need to be proven in court.

The procedure here can be roughly divided into two stages:

• preparing and conducting an appeal to the court;
• application to the passport office based on a positive court decision.

First, it will be necessary to prepare the appropriate package of documents for going to court:

1. First of all, you need to make an application.
2. At the passport office at your place of residence, obtain an extended certificate about those who live in the apartment in question.
3. Those documents will be required on the basis of which the prisoner lives in this apartment. This may be a municipal rental agreement, or a purchase and sale agreement for this apartment.
4. This package of documents must include a copy of the prisoner’s passport, certified by the prison administration.
5. If possible, it is advisable (but not necessary) to provide a copy of the court verdict on the basis of which the prisoner was convicted. The optionality of such a requirement is due to the fact that this copy is usually requested by the court without the participation of the applicant.

Having submitted the package of documents under consideration to the court, you need to wait for its decision. If the court makes a positive decision on the issue under consideration, based on such a decision, you will have to directly apply for an extract from the apartment to the passport office at your place of residence. In this case, you will also need a package of documents. It will include the following papers.

1. Relevant court decision.
2. Applications from homeowners and copies of their passports.
3. A copy of the convict’s passport, certified by the prison administration.
4. A copy of the court verdict that imposed imprisonment on the convicted person.

After contacting the passport office located at the place of residence, the prisoner’s registration will be cancelled.

Stages of restoring registration at place of residence

A minor child is a person who has not reached 18 years of age . under 14 years of age may only live with parents, adoptive parents or guardians.

In court, a decision will be issued to return to registration if the owners of the premises refuse, but the deletion was carried out by the registering authority for the reason when:

If a citizen was registered in social housing, then often after the court verdict on the basis of which he served his sentence comes into force, he is removed from the registration register. Is it legal for a teacher to abuse a student? After release, the citizen has a need to restore his registration in the place where he previously lived, because he actually became homeless. The last point in ambiguous situations regarding registration (registration) has to be decided by the courts, when citizens are often refused.

If homeowners refuse to register their relatives unreasonably, this violates the latter’s right to choose their place of residence and limits their freedom of movement. Initially, a court decision can be made when a citizen: The amount is transferred to the Buyer, and he independently pays the bills received. Or the Seller can pay for everything himself and provide the corresponding receipts. You leave photocopies at the housing office and present the originals, which remain in your custody. Your history of relations with the housing office begins with a certificate of no debt; then payment receipts will be added to it monthly, which should be kept for 3 years. Registration takes from 3 days to a week.

Sample statement of claim to the court for discharge from a municipal apartment: In accordance with the order of the migration service No. 208, issued in 2007, holding a court hearing in this case does not require the mandatory presence of the punished person, but at the same time many nuances may arise here that directly depend on the type of housing, as well as the status of the convicted person himself, that is, whether he is the owner of the specified housing.

To register on a permanent basis, you will have to sign out from your previous address. According to the law, you cannot be registered in two places at the same time.

The discharge may be accompanied by a challenge to the prisoner's ownership of the premises.

The convicted person himself has the right to challenge the purchase and sale of real estate or another transaction related to the alienation of living space. To discharge a prisoner, his voluntary consent must be obtained.

1. territorial departments of the Federal Migration Service;
2. MFC;
3. organizations servicing residential properties (housing societies, housing departments, management companies, passport office, etc.).

It all depends on the nature of the registration. If the registration is temporary, then you should not deregister at the previous address. lawyer Derevyanko Stanislav Yurievich Not at all. During the period of serving the sentence, the convict is generally deregistered; more precisely, the convict was REQUIRED to be deregistered at his place of residence after the sentence entered into legal force.

Read (1 answer) Please tell me how can a convicted person be registered for permanent residence in a state apartment? Before prison he was registered there.

Is it possible to discharge a convicted person from an apartment?

You will be required to submit a statement in the prescribed form. Employees will give it to you or you can download it yourself from the Internet. The application must contain the signature of the prisoner. Therefore, it is much easier to apply on the Internet and take it to a correctional facility. You can also get a copy of your passport there. Both of these documents must be confirmed by the signature of the head and the seal of the institution. A copy of the judgment can be obtained from the office or court clerk. This design option is suitable if the prisoner is not against being released from the apartment. If there is no agreement, then you need to go to court.

The citizen did not participate in privatization and refused in favor of the owner of the property. You need to know that according to the Housing Code, persons have the right to live in an apartment even with a different owner. To discharge a convicted person, his consent will be required. To do this, another citizen will need to come to the institution and pick up a special form. Then you need to take it to the prisoner to fill it out, and then have it certified by the administration of the institution. A prisoner can only be discharged without consent through the court. It must be taken into account that upon completion of the sentence, a citizen has the right to restore registration. The convict participated in privatization and is the owner of the apartment. It is possible to discharge a prisoner in such a situation

It is important to know that citizens cannot carry out a transaction without the consent of the owner. Even having a power of attorney for the sale from a prisoner, he can still challenge the transaction after conclusion

This fact will clearly alert the acquirers and they will most likely refuse the deal. Even if, while the convicted person was behind bars, the residents checked him out of the apartment and exchanged it, the owner will be able to fit into the new housing. In this case, the consent of the residents is not necessary.

How to register a convicted person without his presence

To discharge a convicted citizen, it is necessary to appear at the authorized body for this purpose and write an application. You won’t have to run anywhere, since the entire procedure is carried out by one employee. The convicted person will be discharged from the apartment within 3 days after submitting the application and documents. There is no state duty for the provision of this service. Therefore, the procedure for deregistering a citizen is completely free.

According to the explanations contained in paragraph 32 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14 “On some issues that arose during the application of the Housing Code of the Russian Federation,” in the temporary absence of the tenant of the residential premises and (or) members of his family, including former family members, they retain all rights and obligations under the social tenancy agreement (Article 71 of the Housing Code of the Russian Federation).

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Grounds for expulsion from living space without a person’s consent

The court will satisfy your claim (as the owner of the apartment) on the following grounds:

1. The specified person has not been living at the fictitious place of registration for a long time and deliberately, and there are witnesses to this fact. If a registered person deliberately changes addresses and hides (from the army, the law or alimony), it makes sense for the owner to write him out.
2. The registered person deliberately damaged the housing in order to cause harm, its communications, furnishings, etc.
3. Antisocial lifestyle prescribed, alcoholism and drug addiction, violation of the rights of other persons living in the house, threat to health or life.
4. His deprived parent (both) is removed from the property owned by a minor. In this case, other living space is not provided.
5. Reprivatization of housing and/or adjacent land in favor of the state, which is a violation of the law.
6. Divorce of the owner from the spouse, non-recognition of paternity. In this case, housing should not be joint property: usually the one who owned the apartment (house) before marriage writes out the former partner. The owner will have to prove that the living space was purchased independently (was given as a gift or inherited).
7. Change of owner of the property, the need for a housing transaction. The purchase and sale of an apartment or house will not take place as long as someone is registered in the living space. First of all, homeowners check out themselves, then non-tenants sign out.
8. Large debts to pay for utilities if the owner and the registered owner maintain separate households and have different personal accounts. It's enough to not pay rent for six months.
9. A so-called “temporary deregistration” is required: the person registered does not want to be deregistered completely, but he faces a long absence - the army, many years of study in another city, or imprisonment in the MLS. In this case, after release (demobilization, graduation from a university), the person can restore registration.
10. Discharge of a deceased person is a mandatory procedure: a death certificate is attached to the main documents.
11. A missing person has been missing for five years and there is no reliable information about him. It is enough for a participant in hostilities not to make himself known for more than two years. The best option is to recognize the person as dead, obtain a certificate and discharge him.

Even if your reasons are legal and appropriate, it is better to enlist the help of a professional civil law attorney. He will consider your particular case from the point of view of many years of practice and advise the best option for you.

Motivation

Why do you need to figure out how to sign a person out of an apartment? If he is in prison, then there may be a variety of reasons for this.

1. One of the most common reasons is financial. Nowadays, utility bills are quite high and paying for someone who does not currently live here may be too expensive. By achieving the release of a prisoner in prison, people will be able to reduce their utility costs to some extent.
2. Other situations are also possible. For example, the court sentence was for a rather long period. During this time, life circumstances could well have changed a lot. In this regard, there may be a need to sell or exchange housing. When conducting such transactions, the presence of a prisoner registered in this living space who is in prison can significantly affect the circumstances of the transaction. In this case, it may also be that he himself will not object. However, even in this case it will need to be formalized properly. In addition, we must not forget: if a convicted person is discharged from his apartment, then upon returning from prison, such a citizen may, in some cases, demand that the transaction be declared invalid. Such fears are rarely justified, but new homeowners will still have some concern. And this, in turn, can affect the transaction price. If the tenants were not checked out during the sale, this could reduce the transaction price.
3. Another common reason is that the convicted person may not be a very pleasant person to talk to and thus pose some kind of threat to those who live with him. In this case, it is quite expected that they may try to evict him from the living space he occupies.

Of course, these types of reasons may not be limited to the list given here. Only the most typical, most common of them were listed.

Rights of property owners

In order to expel a registered person from the house, the owner should know his rights.

The grounds for eviction may be such regulatory acts of the Civil Code of the Russian Federation as:

• №292;
• №209;
• № 288.

The law also states that the owner must first try to resolve the issue peacefully. During the trial, evidence will be required to show that an amicable settlement was attempted with the defendant. Such standards do not apply to persons who do not have at least shared ownership of a given living space.

Privatized property

In the context of private real estate, which has already become the property of a specific citizen, it is quite possible to write a person out of the house if he does not live there. The court will need to provide papers that confirm this fact. The grounds must be supported by documents. If the resident finds arguments that he cannot lose his registration, the claim will be denied.

Municipal housing

Voluntary deregistration has a simple algorithm of actions:

1. You need to come to the passport office, the MFC, or fill out an application through State Services.
2. Re-register for another living space on the basis of Article No. 20 of the Civil Code of the Russian Federation.

The situation is more complicated when a person does not agree with the intentions of municipal employees. Collection of documentation will be required in the case of state real estate. Such a house is on the city or regional balance sheet, and only representatives of government agencies are authorized to demand the release of the resident.

Scheme for registering a person depending on the form of ownership

But even so, the trial can become more complicated if the citizen has nowhere to go. The most favorable development of events for the municipality is that the person will receive a deferment to find a new home and will be accommodated, but a little later. Negative outcome of the case - the judge has the right to reject the request of government bodies if infringement of the citizen’s interests is proven.

Donated house

Private houses are often passed on by inheritance or through a deed of gift. During such transactions, everyone who was registered in the property has every right to live there, even after a change of owner. Only the new owner will be able to deregister persons if there are valid reasons.

Does a convicted person have the right to register at his old address?

Prisoners are required to register. It must be provided by the head of the correctional institution at the place where the sentence is served. Registration changes when a convicted person is transferred to another correctional institution.

If the prisoner owns a share, then the person can be discharged only with his consent.

If a prisoner was registered in a privatized apartment as a temporary resident, then he can be discharged administratively. In other situations, a court decision will be required. Registration of prisoners is carried out at the place where they are serving their sentence in the form of a prison term or forced labor.

It is possible to discharge a convicted person from his previous living quarters through administrative and judicial procedures.

The discharge of a citizen should be carried out only with his consent. If the convict has gone to serve his sentence for a specific period, then he can remain registered in the apartment.

Methods for discharging a convicted person from an apartment

Let's just say that a closed apartment with history does not mean that it is a nobody's property. Contact Rosreestr and find out who the owner is. If it is a municipality, only it will tell you what you can claim. However, the answer is obvious, no matter what. They won’t sell you, but you have to be in need to move in, and taking turns doesn’t happen that quickly.

Please tell me how to restore registration (registration) and living space, if while serving a sentence the house in which the apartment was located was demolished under the program of resettlement from a dilapidated building, the second registered person discharged the convict and sold the apartment. The convict did not give his consent and did not participate in the privatization; consent to privatization without his participation was not even asked. He was released, but cannot restore his registration, because... the house does not exist.

Eviction procedure under the Housing Code of the Russian Federation

Eviction without provision of other residential premises is carried out in different ways depending on the circumstances of the case. A simple option is to have the consent of the registered person. In this context, it means a voluntary visit to the passport office without the involvement of other departments.

If the registered person creates obstacles and does not want to move out of the apartment on their own, or if there is no way to communicate, the owner resolves the issue through the courts. A similar right arises if it is impossible to obtain the presence of a citizen at a preliminary meeting or obtain his consent to deregistration.

Where to apply for an extract

To evict a person and deregister, the claim is sent to the district (district) court. The appeal must take place on the site where the real estate is located. As an auxiliary tool, you should open a Yandex map on the Internet, indicate the address and select the nearest department branch.

An additional method is to send the petition to the settlement division and wait for the papers to be transferred to the desired court. However, this approach is ineffective because it requires a lot of time. Experts recommend seeking advice from a lawyer.

Step-by-step steps for discharge

The main requirement before filing a claim is the need for pre-trial regulation of the disputed situation. The landlord must provide the notice in written format. The text indicates a proposal for voluntary discharge and eviction.

If a citizen refuses to leave the room or ignores the notice, it is necessary to resort to a compulsory procedure.

Regulations:

1. Collection of evidence confirming the validity of activities. For example, systematic violation of public order (precinct police report), causing material damage to an apartment (application to the police department), etc.
2. Experts recommend making an appointment with a lawyer. This will help eliminate errors when drawing up a claim.
3. Submitting a properly completed application to the court.
4. Payment of state duty.

How can an owner discharge a child?

Next, the secretary of the department office will submit the papers for consideration. The parties to the proceedings will receive notice of the date of the first meeting. The plaintiff must arrive at the appointed time and, if necessary, bring supporting documents and obtain testimony from witnesses.

If there are compelling reasons, the court will grant the petition and make a decision on the timing of the departure of the tenant, relative or stranger using the residential property.

Note: a registered person whose eviction case has been initiated has the right to file an objection to the decision no later than within 10 days.

The nuances of drawing up an application for discharge from a person’s apartment

In the Russian Federation, registration of citizens in living space has a notification scheme. Registration and deregistration are carried out in accordance with the accepted application, drawn up according to the established template. The text should not contain typos, corrections or errors that impede familiarization and understanding.

Filling out the paper is done in Russian. The location of the immovable property from which it is planned to be extracted is indicated, as well as the full name. the owner and the citizen who is going to be registered or evicted.

The document is sent upon a personal visit to the passport office, by Russian Post or through the government services website. It is allowed to submit documentation through a person authorized by a power of attorney, executed by a notary.

Required documents

The mere consent of those in the camp for those serving time is not enough, although it is precisely the determining factor for success. The following documents will be needed:

• application in form No. 6;
• passport;
• court sentence.

The application form can be downloaded from the Internet or from a passport officer, you can even fill it out, but the person who has violated the law must put his own signature.

The passport is usually confiscated upon arrest, and it is kept by the administration of the institution.

Therefore, a copy of the prisoner’s passport and a signed application must be certified by the head of the zone or a substitute person with his signature and seal of the institution.

The more difficult task is to obtain a copy of the judgment. You can pay a visit to the office of the court where the trial was held, or directly to the judge, or to the secretary with a request for the issuance of this document.

Usually, indirect participants in the process are denied a copy of the court decision, but, as a last resort, the person serving the sentence himself has the right to receive such a document upon his request and will be able to give it to his family member.

Step-by-step instructions: how is the procedure carried out?

Since deprivation of registration by personal consent and without it are completely different cases, the package of documents, and partly the procedure, will be different.

Before asking yourself how to discharge a person, you need to get an answer from him what his decision is.

At your own request

If we manage to reach an agreement, it will be easier. In this case, the following documents are needed:

• a statement from the convicted person with a request to be discharged in his absence. You can request it at your place of residence.
• There must be a copy of his passport certified by the administration.
• A statement from the property owner stating that he wishes to discharge this person. The exception is if the convicted person himself is the owner.
• A copy of the verdict. This document is considered the basis for deregistering a person.
• Owner's passport.

REFERENCE. A legislative misunderstanding arises with a copy of the verdict.

On the one hand, this is a necessary document, without which a person will not be discharged.

Moreover, the convict himself is not against this course of action.

On the other hand, they refuse to give out a copy, because... it can only be obtained by the person serving the sentence or the plaintiff.

There are two options here - ask the convicted person to receive this copy in prison or send an official request to the judge explaining the reasons.

Both cases may take additional time.

In case of voluntary discharge, documents are submitted to the passport office. You can also submit them to the MFC or FMS. The stated review period is 3 working days maximum.

Against the will of the citizen

In this case, the list in the package of documents changes. Relatives will need to provide:

1. a copy of the convict’s passport, certified by the administration.
2. “Zelyonka” for housing or a social tenancy agreement.
3. Extract from the house register - extended version.
4. A claim for the court, which describes the situation in detail and indicates the reasons for depriving the absent person of registration.

Usually in such a situation the court requests a copy of the verdict on its own. If you want to insure yourself, you can get it in advance. But this is associated with certain difficulties, as mentioned above.

Documents are submitted to the court at the location of the housing from which the convicted person must be discharged. The review period usually does not exceed one week.

REFERENCE. For both cases, this service is free, and there is no state duty.

Documents provided upon completion of the case

After collecting documents, submitting them and reviewing them, if the outcome is positive, the following will be provided:

• stamp on the departure sheet, and only on its second copy. There is no way to stamp your passport at this point.
• Deregistration will be carried out in the general database.
  If for some action you need to provide a list of those registered in the apartment, you will need to take a certificate from your place of residence. This person will no longer appear in it.

It is not only the discharge from the apartment of citizens serving a sentence in prison that can cause certain troubles. Difficulties may arise in other cases, which our experts discuss in the following publications:

• What to do if you bought an apartment with a registered person and how can you register him?
• How can I register registered people if I am the owner of the apartment?
• How can you discharge a person who does not live in the apartment and does not pay for it?
• How to remove a person from an apartment without his consent and presence, and how legal is such an eviction without the knowledge of the residents?
• How can you discharge your ex-spouse without her consent and what to do if there is a child?
• How to discharge your ex-husband if he is not the owner of the apartment?
• On what grounds and how can a disabled person be discharged from an apartment without his consent?

Deregistration

Decree of the Government of the Russian Federation No. 713 of July 17, 1995 provides an exhaustive list of reasons that allow a person to be deregistered. The most natural thing is considered to be the desire of the person registered to deregister at the specified address. To do this, he personally writes a statement to the Ministry of Internal Affairs. This can be done even while in prison, but not all prisoners agree to take such a step. Losing permanent registration has serious consequences for the inmate. After serving his sentence, he will have nowhere to return, and it is also impossible to get a job without registration.

Previously, in Resolution No. 713 there was a clause that made it possible to deprive a person of his place of permanent registration on the grounds that he was imprisoned.

Today, this item has been excluded from the general list, but other legal grounds remain on which a convicted person can be discharged from the apartment. The reasons for deregistration are justified in court, and only this authority can pronounce a verdict on the need to deregister the convicted person.

Features of the procedure

The issue regarding the cancellation of the registration of a person in prison has many nuances.

From privatized

What is important here is whether the person serving the sentence owns a share in the privatized real estate. If this citizen is the owner, then he can be deregistered either with or without consent, only the second case can be implemented exclusively through the court

After the person’s release, his rights will be restored by renewing his registration, but he was and will remain the owner, and without participation, no transactions with this real estate are possible.

If a person who committed a crime and was punished for it with a prison term was free and present during privatization, but issued a refusal in favor of the owner, then even if the owner of the place of residence changes, this citizen will have the right to use the residential premises (clause 4 of article 31 of the Housing Code RF). In this case, there is only one option for discharge - of your own free will.

In a situation where privatization was carried out after the arrest, and the convict did not participate in it, having refused, then it is possible to cancel the registration, but only for the period of stay in places that are not so remote. The right to use housing upon return is retained.

From the municipal

This option is the simplest (read about the discharge from municipal housing of a person who does not live in it).

Without the consent of the person in the camp, it is also possible to deregister in a municipal apartment, but you just need to get a copy of the court verdict.

But there is one limitation: registration is liquidated only for the duration of imprisonment, and then must be restored.

Having canceled the registration of a prisoner at the residential address, relatives can sell it (read about registration for sale), exchange it, but this will not help get rid of a tenant with a criminal past: he will achieve registration in the newly acquired residential premises.

Other nuances

If a person serving a sentence in a camp owned a privatized living space, and relatives managed to persuade one of them to issue a power of attorney and sell the living space, then do not delude yourself: upon release, this citizen will go to court.

The point of the statement of claim is that the real estate sale transaction be recognized as void, and the basis is the execution of a power of attorney under pressure exerted on the “caretaker.” Most likely, the court will side with the former prisoner who will insist on violating legal rights.

All these extracts from the apartment of a convicted person, although they seem to have been carried out according to the law, for the most part end badly. Buyers always suffer if they do not discover in time that the apartment contains a surprise in the form of a prisoner, who is not currently listed among the registered residents.

For this reason, each of the potential buyers of secondary housing should require an archival certificate of family composition (form No. 9 of the extended type), because this is the only way to see the hidden danger of subsequently dealing with a tenant who appears.

The discharge of a convicted person is quite possible and legal, at least for the period of detention.

But relatives must understand that there is nothing left but to provide the prisoner with a tiny, but separate living space.

This way they will not lose their human appearance and will live separately from the former prisoner, without experiencing remorse.

Convicted against deregistration

In this case, feel free to contact the magistrate’s court at the location of your home with a statement of claim for deregistration. Documents you will need:

• receipt of payment of state duty;
• a document confirming your ownership with a notarized copy;
• extract from the house register;
• a copy of the ZK’s passport, visaed by the camp administration;
• a copy of the statement of claim in two copies.

The court itself will request a copy of the verdict.

How to file a claim?

Indicate your full name and passport details, address of the living space, what rights you have to it, what documents confirm these rights.

State the full name and passport details of the defendant and tell us on what basis he received his residence permit.

Explain that he lives in MLS (places of deprivation of liberty), but due to his registration in your apartment, you are forced to bear additional costs for utility bills.

You can quote the Civil Code of the Russian Federation:

• , paragraph 1: “The owner has the right to own, use and dispose of his property.”
• Article 304: “The owner has the right to demand the elimination of any violations of his rights, even if these violations were not associated with deprivation of possession.”
  Art. 304 Civil Code of the Russian Federation

  The owner may demand the elimination of any violations of his rights, even if these violations were not associated with deprivation of possession.

REFERENCE:

In this case, your right to pay only for utility services actually provided is violated.

You can finish with the words: “In connection with the above, I ask you to oblige ... (indicate your passport office) to remove the defendant from the registration register at the address ... (indicate the address of your apartment).”

1. the convicted person has no property rights. By a court decision, you will discharge the person and will be able to sell the premises or carry out any other transactions with him.
2. The convicted person has a share in the apartment.

It is possible to discharge the owner from his house while serving his sentence, but no transactions with this apartment will be possible without his consent.

Upon release from prison, the legal owner will register on his territory again.

Theoretically, of course, you can go to the colony and get the prisoner’s consent to sell, but such a deal will later be easy to challenge: upon release, the former owner will declare that he signed the consent under pressure.

ATTENTION:

Smart buyers will not want to deal with such living space, or will offer a price below the market price. It is better to wait to sell until the end of the term.