The law defines the following grounds for challenging a will:

Violation of the procedure for drawing up and notarization. The will is drawn up by the citizen personally and then certified by a notary. In case of illness of the testator, it can be recorded by a notary from his words in the presence of a witness. Then it must be read by the testator before signing. If this is not possible due to valid reasons (illness, illiteracy), the document is read out by a witness in the presence of a notary, and a corresponding note is made.
If the testator cannot sign the will himself, a witness does so. In this case, the notary is also obliged to make an explanatory note in the document. If the witness has carried out any of the listed actions, his full passport details, including his place of registration, are indicated in the will. The illness of the testator, due to which it became impossible to independently draw up/read the document, must be confirmed by medical certificates.
According to the procedure for notarization of transactions, in certain cases, a will has the right to be certified by officials, the list of whom is established by law.
Blots, clerical errors and other insignificant violations that do not prevent an unambiguous understanding of the information cannot become a reason for challenging the will.
Incapacity. A document drawn up by a person who is officially recognized as incompetent has no legal force. In this case, the will is recognized as invalid only if it is proven that at the time of its preparation the citizen was already suffering from a mental disorder.
The testator did not understand the meaning of the actions performed. It is possible to challenge a will on this basis if a citizen abused alcohol or drugs or took potent medications as prescribed by a doctor. In order to provide the court with the necessary evidence, a post-mortem medical examination may be ordered. The course of the disease and the mental state of the deceased at the time of drawing up the document are also of great importance.
Signing a will under the influence of threats or deceit. In practice, it is very difficult to prove these circumstances due to the death of the testator.
A will violates the rights of persons who have rights to a compulsory inheritance share.
The property was bequeathed to an unworthy heir - a person who committed a crime in order to take possession of the inheritance.
Often the relatives of the deceased try to challenge the will for the reason that the property was left to an outsider or to a person unworthy from a moral point of view. According to the law, every citizen has the right to freely dispose of his own property and disinherit his relatives without giving reasons. Therefore, it is impossible to invalidate the will on these grounds.

Are there any articles of legislation for a citizen who does not have housing?

Hello!!! This is the situation: If a person does NOT have housing on the territory of the Russian Federation, but he is a citizen. Being registered, constantly with a familiar owner, in 2005 he was registered as needing housing conditions on two grounds: as a disabled person 2 gr. and the poor.

In 2009, he filed a lawsuit against the administration demanding the allocation of housing, the court granted the claim with the interpretation: “provide housing on a first-come, first-served basis.” In 2011, at the insistence of the owner, a person is deregistered and remains without registration. Temporarily, too, he cannot register in rented apartments, since the owners, as a rule, are afraid of the tax authorities and do not agree. Since the person is low-income and is forced to pay all his income for rent, it is not possible to register for a fee.

Question 1. Was it right for the administration to put people in line for IMPROVING HOUSING CONDITIONS, without taking into account the fact of the complete lack of housing (what to improve?) than those in front of those on the waiting list.

1.1 Where are the requirements for correct registration of those in need of housing stated?

1.2 Which body can check the waiting lists, the availability of municipal housing and where the allocated subventions allocated to this municipality are sent?

Question 2. Is it possible to file a new claim, since the first court decision does not make any sense. The fact is that there is a waiting list, which can last for life. The court did not set a deadline for resolving the housing problem.

Question 3. Being in such a position, where does a person generally belong to which municipality? Where you were previously registered or where you actually live, but without registration. The administration repeatedly removed him from the housing queue, but the court reinstated him, despite the lack of registration.

Where you can go and what actions to take to get REAL help legally. The person has received pensioner status, will not be able to earn money for an apartment, and is also unable to bear the rent burden. Officials are passing all the requests and letters around in circles and there is no sense in it. The end point is the administration, which at any opportunity removes people from the queue and does not bear any responsibility for their actions, even during court hearings.

Please advise what to do. Thank you for your attention.

Hello! Thank you for your question. Now we will try to help you understand the current situation. Initially, in order to accurately understand your problem, of course, you need to see the court decision and study it in detail. If the court decision was implemented, but you did not achieve the desired result, you can seek protection in court. For this purpose, there are specialists who are ready to help draw up a statement of claim and become representatives in court proceedings. Therefore, we invite you to our office with all available documents.

At this stage we can explain the following to you:

Article 40 of the Constitution of the Russian Federation provides for the right of citizens to housing, and for low-income citizens in need of housing, it is provided free of charge or for an affordable fee from state, municipal and other housing funds.

Therefore, do not despair. You need to believe in the power of the Constitution. However, in Russia there really are problems with the housing stock, or rather with its absence. The budget does not have time to rebuild housing for the low-income. As a result, queues form. You too have found yourself in such a queue. It is difficult to speed up the process of moving up in line, since the country is large and there are many poor people in it. But if you are illegally excluded from the queue, for example as a result of corruption, then you have the right to defend your rights and go to court.

In addition, it is important to remember that inPart two of Article 3 of the Law of the Russian Federation of June 25, 1993 N 5242-I “On the right of citizens of the Russian Federation to freedom of movement, choice of place of residence within the Russian Federation” states that registration or lack thereof cannot serve as a basis for restriction or condition realization of the rights and freedoms of citizens.

In Part 3 of Art. 52 of the Housing Code of the Russian Federation provides that “the registration of citizens as those in need of residential premises is carried out by a local government body on the basis of applications from citizens submitted by them to the specified body at their place of residence.

So you have every right to submit an application to the administration in whose territory you actually live, since otherwise you cannot confirm your registration (since you do not have one).

The administration’s refusal to accept the application or consider the application can also be challenged.

We hope that we were able to help you and clarify the situation at least a little. Contact our office to conclude an agreement for the provision of legal services. Thanks for the question.

I ended up on the street against my own free will. I don’t drink, I have an aversion to alcoholic beverages on a physiological level, it’s just that someone there, in Kamchatka, registered me as a dead person and took possession of my right to an apartment as soon as I left the city for a while.

I also lost my documents. When, during my arrest in 2004, the police took away my passport, declaring it allegedly invalid or expired (I no longer remember the exact wording), I was left with a military ID. Once, while waiting for the train, I ran into drunken migrant workers, who for some reason thought that I had money. Their instincts deceived them, but after the skirmish I didn’t even have a military ID. Along with the documents, I lost the opportunity to work and live a normal life: without papers in our country it is impossible to find even temporary work, and a trip to the store for bread could result in another detention (okay, if for an hour or two, until they establish that I am not registered in wanted).

In the summer of 2010, photographs of Victor’s home and its history appeared on Russian blogs. Photo: torpedonov

I ended up in Moscow without documents, without work, without a roof over my head, and most importantly, without any hope. Lived wherever necessary. It happened for several weeks to spend the night with guards, in construction cabins. With the onset of cold weather, I began to apply for help to various organizations - state, municipal, public, purely charitable - I didn’t want to stay outside in winter at all. But government officials, at best, said that they could not help, that I needed to go to my home in Kamchatka and achieve everything there. At worst, they offered me the option of imprisonment for a short period (from a month) in a reception center, where they would give me some kind of insignificant piece of paper. Or up to a couple of years in prison, where, according to them, my documents will certainly be restored. Municipal organizations, in order to place me at least in a homeless shelter, required documentary evidence that I had ever been registered in Moscow. Charitable organizations could help with food, for example, cereal, which I had nowhere to cook. But more often they also shrugged their shoulders or told us a place where a couple of times a week you could receive a hot lunch from them as a gift. These dinners are a different story: if you stand for a minute next to homeless people who have not washed for a long time, all your clothes will have to be washed and boiled, and if there is no way to wash them, then they will be thrown away, because lice are guaranteed to be infested in the clothes. Thus, I was not able to accept this hot lunch as a gift: I could not throw away my clothes after each lunch.

The last place I visited was another social protection committee. There I received the same answer: “We can’t do anything: you are not a Muscovite.” From that moment on, in order to feed myself, I began to beg. What they served me was only enough for food and hygiene, nothing more. Time after time I stayed outside overnight. I spent the night in the hallways, where you can sleep for 3–4 hours at best. It got to the point that, having woken up, I spent a long time wondering where exactly I woke up today. We still managed to collect enough food, but without sleep, our body began to rapidly fail. I could only provide myself with the opportunity to sleep in one way - to go to a place where there were no people at all. In the spring of 2008, being near death from exhaustion, I went into the forest. Returning to society was dangerous to my health and I firmly decided to become a hermit. The hut, built in the forest, cozy but fragile and requiring increased heating, became my first home. She allowed me to hide as far as possible from populated areas and save my life. I lived like this for almost two years, during which time I came into contact with people only occasionally - in order to find food.

In the forest, I learned to use the functions of a mobile phone 100%: I downloaded books, programs, and reference materials on the Internet. I gradually mastered the HTML language used to create pages on the Internet, and I got the idea to make my own website. It is impossible, as I learned the hard way, to reach out to the press, television, or any authorities, even if you have to die on their doorstep. The Internet cannot be limited. This is the only chance for a person who needs help to express themselves.

To charge his mobile phone, Victor invented his own power station from a motor and bicycle parts. Photo: torpedonov

In June 2010, I created a WAP website and started keeping a diary. After a month and a half, traffic to the practically toy site grew in a way I could not have expected. Many people began to help me: someone put small funds on the balance of my mobile phone, some met with me and gave me help personally. There were also those who wanted to take possession of the crumbs that people gave me. My hut was plundered by looters, all my property was lost. However, this time I didn’t have to wander around the doorways: now a large number of people knew about me, among whom were those who sheltered me.

How to live without registration if there is nowhere to register? The lack of residence permit (registration) in itself does not entail a restriction of constitutional freedoms and rights of a citizen.

Also this circumstance does not limit the right to employment(Article 64 of the Labor Code of the Russian Federation).

However, difficulties may arise when exercising other rights and preparing documents:

• problems may arise with obtaining a medical policy;
• It is difficult for vehicle drivers to obtain a driving license;
• if you need to open a bank account, you will not be able to do this, nor will you be able to get a loan;
• a person in need of improved housing conditions will not be registered;
• possible refusal to register civil status acts;
• it is impossible to fully conduct business activities.

For example, difficulties arise when placing a child in or in. Refusal of a child care facility to accept a child illegal, and it can be appealed.

If due to lack of registration denied medical care, this is illegal, since the law enshrines the right to free movement.

According to Art. 3 Federal Law of the Russian Federation N 5242-I, the absence of registration does not serve as a reason for restricting the exercise of a citizen’s rights, including health care.

Availability of a policy serves as sufficient grounds for attachment to an institution and an urgent appointment with a doctor, even if the document was issued in another region of Russia.

Required documents

List of documentation for the migration service:

• identification document (civil passport, for children under 14 years of age - birth certificate);
• application in form No. 1, signed by the owner of the living space;
• the grounds for using living space, which are the details of a rental agreement, social tenancy or sublease.

If you attach tenancy or social tenancy agreement, then the owner is no longer required to sign the application.

If such an agreement has not been concluded, then upon registration out-of-town The owner of the property must be present.

When several homeowners, then they all must confirm their consent. In this case, the FMS authorities must provide an extract from the house register. Temporary registration is carried out for up to 6 days.

Registration will take 8 days if the details of the agreement for the use of the premises are provided as the basis. As a result, it is issued certificate at the territorial office of the Federal Migration Service or at the passport office.

Right to housing

Where can I register if I have no housing? Persons who do not have any kind of housing, even temporary housing, are not protected by law in any way. According to the Constitution all Russians have the right to housing. Where can I register a person?

Thus, housing for the homeless should be provided from public funds. In this case, you should contact the state social protection authorities.

How to register if there is no housing? Fact of permanent residence it is possible to establish through the Court. Evidence confirming the fact of residence includes:

• receipt for payment of housing and communal services;
• certificate from the house management;
• order;
• pension certificate.

These documents should be accompanied by official refusal of registration. In addition, the testimony of neighbors is important, so it is advisable to enlist their support. After confirmation of the fact of residence in court, you can apply for registration.

Freedom of a citizen without registration(registration) is formal, since it turns out to be limited in a number of rights in fact.

Difficulties arise with getting a job, obtaining an insurance policy and a passport.

For lack of registration there is a liability in the form of a fine. How is registration carried out without a place of residence?

It is necessary to obtain either a registration (a mark in the passport) or a document stating that the person is temporarily registered. Only this guarantees full implementation all civil rights.

What to do if life forces you to verify from your own experience the correctness of the saying “don’t swear off your bag”? Where to turn if left without a home and source of income? "Respublika" has prepared instructions for survival in the "concrete jungle".
Anatoly, a resident of one of the villages in the Belogorsk district, no longer remembers when exactly life turned its back on him. In the nineties, he got hooked on the glass, then he was left without work, then his wife left, then he drank the house away and ended up on the street. He was “homeless” until one of the neighbors took pity and took him to work. Anatoly helped in the garden, worked on construction, and in return received food and a bed for the night. Life was just beginning to get better when an accident happened - Anatoly ended up in the hospital. Neither his “employer” nor anyone else needed him, the sick man. Anatoly will be discharged soon. He doesn’t know what to do next: he says that without housing, money and with the stigma of being “homeless,” he has nowhere to go.

It is not known exactly how many such people, offended by fate, are in Crimea: statistics on vagabonds are not kept. Just two years ago, before the winter cold, Crimean law enforcement officers carried out Operation Homeless: people without housing and engaged in vagrancy were sent to a reception center, where they were provided with lodging and food, but now such raids are not carried out. “We would be happy to help, but there is nowhere to put these homeless people,” say the press service of the Public Relations Center of the Ministry of Internal Affairs of Ukraine in Crimea. “In August 2010, the Simferopol reception center was closed.”

Psychologist Olga Vitchenko believes that what ends up on the street is not those who have nowhere to go, but those who do not want to live according to the rules accepted in society.
“A homeless person is not a person without a roof over his head, but a person with certain convictions. Usually these people value the freedom not to work, the freedom to live without documents, without control, freedom from family, freedom to drink... A job where you have to obey some rules is hard labor for them, fulfilling social norms is an encroachment on freedom. If a person has realized the hopelessness of a homeless person’s life, he will begin to return to society, but he must realize... Those who want will always be given a helping hand.”

Work and money
At first glance, it may seem that no one cares about the person who is left alone with his misfortune. In fact, this is not true. Relatives deceived; while he was in prison, his relatives came to the rescue and discharged his troubled relative; signed the documents without carefully reading them and ended up on the street - in each case, government agencies dealing with social policy issues provide the necessary support. For example, at the Employment Service you can not only find out about vacancies, but also get free legal advice and, of course, apply for unemployment benefits.

“We help everyone who comes to us. I emphasize, everyone,” says Irina Boris, deputy head of the department of the Republican Employment Center. “You can limit yourself to free consultations with a lawyer, but if a person has documents, he can be registered, and then he will receive benefits.”

By registering with the Employment Center, you can receive other “privileges”, for example, one-time financial assistance. It is paid to socially vulnerable citizens in the event of a long-term illness, death of close relatives, natural disaster or other extreme life circumstances. Whom to help is decided by a special commission under the Crimean Ministry of Social Policy. “This year, the commission reviewed 103 citizens’ appeals and paid out 121 thousand hryvnia in financial assistance,” says Elena Semichastnaya, Minister of Social Policy of Crimea. - By the way, similar assistance is provided at the expense of regional budgets under the “Care” program. To obtain it, you need to contact your local Department of Labor and Social Security.”

However, a person who, by the will of fate, finds himself on the street, hardly has a work book, a salary certificate and an identification code - at best, only a passport. What to do and what to count on in such a situation?

Roof over your head
The Ministry of Social Policy says: there are several social protection institutions for the homeless in Crimea, including non-governmental organizations. Thus, in Simferopol, since 2007, the “Center for Registration and Social Protection of Homeless Citizens” (formerly the Night Stay House) has been opened, which is financed from the city budget. As Galina Protasova, head of the social policy department, notes, today this is the only place in Crimea where you can not only live for free, but also get registration for six months. An individual assistance plan is drawn up for each homeless person.

“In the first half of the year, 236 people contacted the Center. Of these, 148 people received registration, 32 found work, 16 had their documents restored, 124 simply received accommodation and food,” says Galina Protasova. A tramp can stay in a rooming house for 24 days. During this time, it is possible to complete documents (or begin the registration procedure), find a job, find housing, and, if necessary, get a job in a hospital or nursing home.

For many who have become victims of life's circumstances, days at the Center are an opportunity to take a break, collect their thoughts, relearn their relationships with society and change their life attitudes. Psychologists help them with this.
“First of all, we do not separate our guests from ordinary people. Yes, they smell unpleasant, they don’t know some basic things, but everything can be changed,” says one of the Center employees. - We teach them to make decisions on their own, we constantly remind them that the problem will not be solved by itself, they need personal participation and personal responsibility. Figuratively speaking, in order for a door to be opened for you, you need to knock on it - more than once or even twice.”

The “Center for Registration and Social Protection of Homeless Citizens” has a capacity of forty places, and not everyone can get here. People under the influence of drugs and alcohol, with mental disabilities, infectious diseases and who have not undergone fluorography are strictly prohibited from entering the Center. Although no one is denied a cup of hot soup here. By the way, homeless people can get money for fluorography from public organizations that cooperate with the Center, but more on that later. So, upon crossing the threshold of the temporary shelter, the tramps fall into the hands of a doctor, who examines them and gives permission to stay, and then they take a shower and receive clean linen. If necessary, the paramedic organizes consultations with doctors or additional examinations (the Center cooperates with the 3rd clinic and hospitals No. 2 and 7). “Center” employees also work closely with district police departments, the passport office of the Central District, and public organizations.

In Christ's bosom
The church is always ready to help the orphan and the poor: feed, clothe, cure, provide work. The Society of Orthodox Doctors has been working in Crimea for 10 years. Its chairman Tatyana Shevchenko says: “Our functions are much broader than helping the homeless. But if a person finds himself in such a difficult situation, we help with hospitalization and overnight accommodation. And to all people, regardless of religion.”

A doctor’s office has been opened in the building of the Crimean diocese; activists of the Society of Orthodox Doctors see everyone for free. If they cannot help, they refer them to colleagues in Simferopol clinics.

According to volunteer Maria Smutok, many churches have refectories. “Especially in rural and suburban areas. Any person will be given something to eat there. Maybe this is not always advertised, but it is true.” There is a free refectory, for example, at the Church of the Holy Prophet Elijah on the Yevpatoriya embankment.

Public associations can also provide warmth, food, help with housing and work. For example, the International Christian organization “Salvation Army” has been making sure that Crimean homeless people do not starve or freeze in winter for thirteen years and can find themselves in society again.

“A homeless person usually smokes, drinks and takes drugs. We have access to rehabilitation centers, if a person wants, we send him for treatment,” explains Irina Denisyuk, an officer of the Salvation Army in Crimea.
An international charity organization helps people get into the Center for Registration and Social Protection of the Homeless and other rehabilitation centers in Crimea and Ukraine.

“We help with paperwork, sometimes we even take you by the hand and go to various authorities. Sometimes we pay for expenses - for example, a ticket home to another region of Crimea or Ukraine,” says Irina.

At the Salvation Army, homeless people can have their teeth treated, wash themselves, and receive clean linen and warm clothes for free. Volunteers will find cheap housing or a dorm room for those interested.

“I can say for sure: you can only help the person who wants help and is ready to accept it,” says the Salvation Army officer.

What documents are needed to register with the employment center?
-Passport or a document replacing it
-Work book or its duplicate
-Documents of education and professional qualifications
- Identification code
-Certificate of average salary for the last three months at the last place of work.

When will aid payments begin?
From the 8th day after registration with the employment service. For persons who are dismissed at their own request without good reason or for violation of labor discipline, payment of unemployment assistance begins on the 91st calendar day.