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Article 20. Place of residence of a citizen

1. Place of residence is the place where a citizen permanently or primarily resides.
2. The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

Comm. Masevich M.G.

1. In accordance with Article 27 of the Constitution, “everyone who is legally present on the territory of the Russian Federation has the right to move freely, choose their place of stay and residence.” Consequently, the law distinguishes between the place of residence of a citizen and his place of residence. In the first it is located temporarily - a hotel, sanatorium, etc. The second is a place where a citizen permanently or primarily resides as an owner, a member of his family, under a rental agreement (sublease) or on another basis provided for by the legislation of the Russian Federation - a residential building, apartment, office premises, dormitory, special house for singles and elderly citizens, a boarding house for the disabled, veterans and similar residential premises.
2. In order to provide the necessary conditions for citizens to exercise their rights and freedoms and fulfill their duties to other citizens, society and the state, registration of citizens of the Russian Federation at the place of residence and place of stay has been established. The rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation were approved by the Decree of the Government of the Russian Federation of July 17, 1995. No.713 (SZ RF, 1995, No.30, Art. 2939). To register with the internal affairs bodies, you must present a document certifying the right to move in - a warrant, an agreement, an application from the person providing the accommodation, etc., as well as a passport or other identification document and an application established form(Law of the Russian Federation of June 25, 1993 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” - Gazette of the Russian Federation, 1993, No. 32, Art. 1222).
Regulatory acts on registration have actually lost force. Citizens registered at their place of permanent residence are considered to have been registered. Refusal to register can be appealed in court. For example, O. purchased under a purchase and sale agreement in Moscow one-room apartment. The passport department of the Moscow City Internal Affairs Directorate refused to register her, citing the fact that the apartment was not vacated and O. had not paid a significant city fee established by Moscow law. The Judicial Collegium for Civil Cases of the RF Armed Forces declared the refusal unlawful. It does not comply with Art. and the Constitution. The court decision states that O. as the owner of the apartment must be registered regardless of any conditions. The requirement to collect such large size is illegal restriction constitutional human right to freedom of movement, choice of place of stay and place of residence (Bulletin of the Armed Forces of the Russian Federation, 1996, No.3, p.4).
3. The place of residence of minors is the place of residence of their parents. If they live separately, the parents determine which of them the child will live with, and in case of a dispute, the court, based on the interests and taking into account the opinions of the children (clause 3 of Article 65 Family Code). The place of residence of citizens under guardianship is the place of residence of the guardian, except in cases where the wards are in an educational or medical institution (see Art., Civil Code and commentary thereto).
4. Minors who have reached the age of 14 and citizens under guardianship may choose their place of residence with the consent of their parents or other guardians. However Article 36 of the Civil Code provides for the possibility of their separation from the ward only after the latter reaches the age of 16 and with the permission of the guardianship and trusteeship authority, while clause 1 comment. The article limits this age to 14 years, which indicates the inconsistency of this issue in the Civil Code. Family code does not at all provide for the possibility of separation of minors from their legal representatives.

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Article 20. Place of residence of a citizen

1. Place of residence is the place where a citizen permanently or primarily resides.
2. The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

Comm. Masevich M.G.

1. In accordance with Article 27 of the Constitution, “everyone who is legally present on the territory of the Russian Federation has the right to move freely, choose their place of stay and residence.” Consequently, the law distinguishes between the place of residence of a citizen and his place of residence. In the first it is located temporarily - a hotel, sanatorium, etc. The second is a place where a citizen permanently or primarily resides as an owner, a member of his family, under a rental agreement (sublease) or on another basis provided for by the legislation of the Russian Federation - a residential building, apartment, office premises, dormitory, special house for singles and elderly citizens, a boarding house for the disabled, veterans and similar residential premises.
2. In order to provide the necessary conditions for citizens to exercise their rights and freedoms and fulfill their duties to other citizens, society and the state, registration of citizens of the Russian Federation at the place of residence and place of stay has been established. The rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation were approved by the Decree of the Government of the Russian Federation of July 17, 1995. No.713 (SZ RF, 1995, No.30, Art. 2939). To register with the internal affairs bodies, it is necessary to present a document certifying the right to move in - a warrant, an agreement, an application from the person providing the housing, etc., as well as a passport or other identification document and an application in the established form (RF Law dated 25 June 1993 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” - Gazette of the Russian Federation, 1993, No. 32, Art. 1222).
Regulatory acts on registration have actually lost force. Citizens registered at their place of permanent residence are considered to have been registered. Refusal to register can be appealed in court. For example, O. purchased a one-room apartment in Moscow under a sales contract. The passport department of the Moscow City Internal Affairs Directorate refused to register her, citing the fact that the apartment was not vacated and O. had not paid a significant city fee established by Moscow law. The Judicial Collegium for Civil Cases of the RF Armed Forces declared the refusal unlawful. It does not comply with Art. and the Constitution. The court decision states that O. as the owner of the apartment must be registered regardless of any conditions. The requirement to collect such a large amount is an illegal restriction of a person’s constitutional right to freedom of movement, choice of place of stay and place of residence (Bulletin of the Armed Forces of the Russian Federation, 1996, No.3, p.4).
3. The place of residence of minors is the place of residence of their parents. If they live separately, the parents determine which of them the child will live with, and in case of a dispute, the court, based on the interests and taking into account the opinions of the children (clause 3 of Article 65 Family Code). The place of residence of citizens under guardianship is the place of residence of the guardian, except in cases where the wards are in an educational or medical institution (see Art., Civil Code and commentary thereto).
4. Minors who have reached the age of 14 and citizens under guardianship may choose their place of residence with the consent of their parents or other guardians. However Article 36 of the Civil Code provides for the possibility of their separation from the ward only after the latter reaches the age of 16 and with the permission of the guardianship and trusteeship authority, while clause 1 comment. The article limits this age to 14 years, which indicates the inconsistency of this issue in the Civil Code. Family code does not at all provide for the possibility of separation of minors from their legal representatives.

1. The place of residence is the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.

2. The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

Commentary on Article 20 of the Civil Code of the Russian Federation

1. A citizen is also individualized by his place of residence - the place where he lives permanently (always) or predominantly (spends more of his time than in other places) (clause 1, article 20). There are many legal issues associated with this place. Thus, at the place of residence, a citizen is registered as an entrepreneur (Article 23 of the Civil Code, paragraph 3 of Article 8 of the Law on Registration legal entities), issues of guardianship and trusteeship are resolved (Article 34, paragraph 1 of Article 35 of the Civil Code). Due to a long absence from the place of residence, a citizen may be recognized as missing or declared dead (Articles 42, 45 of the Civil Code). The place of residence of the creditor and debtor is one of the criteria for the proper place of fulfillment of the obligation (Article 316 of the Civil Code). The last place of residence determines the place of opening of the inheritance (Part 1 of Article 1115 of the Civil Code).

Citizens are required to register at their place of residence (in a residential building, apartment, service residential premises, specialized houses - a hostel, a shelter hotel, a house of maneuver fund, a special house for single and elderly citizens, a boarding house for the disabled, veterans and others, in other residential premises in which a citizen permanently or primarily resides as the owner, under a lease (sublease), lease or on other grounds provided for by the legislation of the Russian Federation), as well as at the place of (temporary) stay (i.e. in a hotel, sanatorium, rest home, boarding house, camping site, tourist center, hospital, other similar institution, as well as residential premises that are not the citizen’s place of residence). Registration is carried out by the territorial bodies of the Federal Migration Service, in their absence - by the local administration (for more details, see Articles 2 - 7 of the Law on the right of citizens of the Russian Federation to freedom of movement). Due to possible discrepancies between the actual place of residence of a citizen and other circumstances (registration records, location of property, work, family residence, etc.), all of the above does not prejudge the issue of place of residence.

2. Rule clause 2 of Art. 20 determines the place of residence of incapacitated citizens: a) minors under parental care (Article 28 of the Civil Code); b) minors under guardianship (clause 3 of article 31 of the Civil Code); c) incompetent mentally ill people (Articles 29, 32 of the Civil Code). The place of residence of these citizens is the place of residence of their legal representatives - parents or adoptive parents (for citizens of the first group), the place of residence of their guardians or the location of their guardians by law (see paragraph 4 of Article 35 of the Civil Code) (for citizens of the second and third groups ).