Does the owner of a dwelling have the right to discharge a disabled person without obtaining his consent? Unfortunately, Russian legislation provides such an opportunity, but only in some cases. The rights of citizens who are incapacitated in any way are protected by the state, and this is important to understand.
Eviction (cancellation of registration at the place of residence) of a disabled person without his consent is possible, but the procedure is fundamentally different from that which is practiced when a legally capable citizen is discharged. In most cases, the issue is decided in court, and most often the judge makes a decision in favor of the disabled person.
Who is considered disabled by the law of the Russian Federation
A disabled person, according to Article 1 of the Law of the Russian Federation on the Protection of the Rights of Disabled Citizens, is a person who has been diagnosed with a persistent health disorder caused by an injury, congenital pathology or disease. Citizens with a violation of any bodily functions are entitled to certain benefits and additional state protection.
The category of disability - first, second or third - is determined by medical professionals. An incapacitated or incapacitated person must undergo regular examinations, after which he receives a conclusion confirming that their social and labor interaction is limited.
How can a homeowner evict a disabled person without their consent?
Discharge and eviction of a disabled person is not prohibited by the legislation of the Russian Federation. In certain cases, it is required to provide another housing, where a person whose legal capacity is impaired could go. The general rules for discharging a disabled person read:
- it is necessary to obtain his or her consent or the consent of the disabled person's guardian,
- if the citizen or his guardian does not agree, you need to go to court,
- even if the disabled person is not the owner, the decision on his discharge from the apartment is taken collectively.
Citizens who have a second or first group of disabilities due to injuries sustained in the performance of professional duties, upon discharge and eviction, must be provided with other housing. The same rule applies to other categories of incapacity and incapacity for work - those who received a disability while performing military duties, childhood invalids and others.
All the rules for deregistration at the place of residence and eviction of disabled people to homeowners must be explained by the employees of the local MFC. This is the first instance where you need to contact if the question arose whether the owner of an apartment or house has the right to discharge a disabled person without his consent.
