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A man learned from a letter by the CPAU that his residence registration has been revoked due to a court decision.

Мужчина из письма ЦПАУ узнал о решении суда о снятии его с регистрации по месту жительства.

The man had been living in the house permanently and was registered there. Later, he learned from a letter by the administrator of the CPAU that he had been deregistered from his place of residence, specifically based on a request from the property owner. This is stated in the decision of the Obukhiv District Court of Kyiv Oblast, published on January 27, 2024.

The man was born and had continuously resided (registered since April 25, 1997). Based on the decision of the executive committee of the Kozyn Village Council from July 25, 2011, the postal address of the residential building was changed from No. "15" to "7". During the period of cohabitation, using both the parents' joint funds and his personal funds, as well as his mother's personal funds obtained from the sale of a one-room apartment in Obukhiv, they carried out renovations and re-planning of the residential building, added living rooms, which resulted in an increase in both the total and usable living area of the house and its value, and constructed outbuildings and structures on the adjacent land plot. In November 2022, in letter No. 759-11 dated November 2, 2022, the administrator of the CPAU of the Kozyn Village Council of Obukhiv District, Kyiv Oblast informed him that he had been deregistered from his place of residence, specifically based on a request from the property owner, according to subparagraph 2 of paragraph 118 of the Law of Ukraine "On the Provision of Public (Electronic Public) Services for Declaration and Registration of Place of Residence in Ukraine." In addressing the issue of his deregistration, he believes that his opinion was not taken into account and that his inability to register elsewhere was ignored, thus he contends that the Kozyn Village Council of Obukhiv District, Kyiv Oblast unlawfully violated his right to housing by deregistering him. At the time of his deregistration, he was not the owner of the residential building.

What did the court decide?

The man's claim was upheld. The decisions and actions of the Kozyn Village Council of Obukhiv District, Kyiv Oblast regarding his deregistration were deemed illegal and were annulled. The Kozyn Village Council was ordered to restore the man's registration of place of residence.

"Having examined the evidence in the case, particularly that the plaintiff has been living in the specified house for an extended period and, as a family member of the owner, acquired the right to use the dwelling, the deregistration of the plaintiff violates the fair balance between the interests of society related to this interference and the interests of the person subjected to such interference. Thus, the above refutes the defendants' arguments that the Kozyn Village Council had all the grounds for deregistering the plaintiff's place of residence. Considering the above, the court concludes that the decision and actions of the Kozyn Village Council of Obukhiv District, Kyiv Oblast regarding the deregistration of the citizen from the place of residence at the address are unlawful and should be annulled, and the registration of the place of residence should be restored. In light of the foregoing, the court, based on its internal conviction, which is founded on a comprehensive, complete, objective, and direct examination of the evidence available in the case, concludes that there are sufficient legal grounds for satisfying the claims," the court emphasized.