husband and wife

[STALKER]

Greetings to colleagues and friends !!! Such a question, tell me what can be done: the spouse and the spouse do not live together, in addition to interviewing neighbors and relatives for the trial, are there any other options for confirming this information? Thank you in advance!

 

[Андрей Захаров]

Good afternoon) And why do you need such information .... the essence of the upcoming lawsuit .... The question is not idle .. And ... purely theoretically, you can of course use the fixation of this fact with the involvement of police officers, who, again, purely theoretically , can draw up material according to the following article of the Code of Administrative Offenses of the Russian Federation, which can also be used in court ....
Administrative Code of the Russian Federation, Article 19.15.1. Residence of a citizen of the Russian Federation at the place of stay or at the place of residence in a dwelling without registration
(introduced by the Federal Law of December 21, 2013 N 376-ФЗ)

1. Residence of a citizen of the Russian Federation at the place of stay or at the place of residence in a dwelling without registration or the admission of such residence by the tenant or owner of this dwelling beyond the time limits established by law -
shall entail the imposition of an administrative fine on citizens in the amount of from two thousand to three thousand rubles; for tenants, owners of premises (individuals) - from two thousand to five thousand rubles; for legal entities - from two hundred and fifty thousand to seven hundred and fifty thousand rubles.
2. A violation provided for in paragraph 1 of this article committed in a city of federal significance, Moscow or St. Petersburg, -
shall entail the imposition of an administrative fine on citizens in the amount of from three thousand to five thousand rubles; for tenants, owners of premises (individuals) - from five thousand to seven thousand rubles; for legal entities - from three hundred thousand to eight hundred thousand rubles.
Note. Citizens of the Russian Federation shall be exempted from administrative liability for an administrative offense provided for by this article in the event of:
residence without registration at the place of stay in a dwelling located in the respective locality of the subject of the Russian Federation, if they are registered at the place of residence in another dwelling located in the same or another locality of the same subject of the Russian Federation;
residence without registration at the place of stay in a dwelling located in the city of federal significance Moscow or in one of the settlements of the Moscow region, if they are registered at the place of residence in a dwelling located in the city of federal significance Moscow or in one of the settlements of the Moscow region;
residence without registration at the place of stay in a residential building located in the city of federal significance St. Petersburg or in one of the settlements of the Leningrad Region, if they are registered at the place of residence in a residential building located in the city of federal significance St. Petersburg or in one of the settlements points of the Leningrad region;
if they are spouses, children (including adopted), spouses of children, parents (including adoptive parents), spouses of parents, grandparents or grandchildren of the tenant (owner) of the premises, registered at the place of residence in the given premises;
if the persons living together with the tenant or the owner of the premises are spouses, children (including adopted), spouses of children, parents (including adoptive parents), spouses of parents, grandparents or grandchildren.

 

[Группа К]

Greetings to colleagues and friends !!! Such a question, tell me what can be done: the spouse and the spouse do not live together, in addition to interviewing neighbors and relatives for the trial, are there any other options for confirming this information? Thank you in advance!

There are not many options, but still
- 1. draw up a lawyer's request in the name of the precinct with a request to notify the defendant (one of the spouses) about the appearance in court. most likely, the local police if he agrees to this adventure will draw up a report on the impossibility of giving a notice due to the absence of the addressee
- 2. send by mail to the address of non-residence one of the spouses a mail notification with delivery. A note of the impossibility of delivery will be evidence of the absence of the addressee on the spot. The more such notifications, the stronger the evidence.

 

[STALKER]

Thanks colleagues, so roughly thought !!!
Andrei, the lady we have is a “back and forth”, registered, but does not live (allegedly). But thanks again for the participation of the gentlemen !!!

 

[Андрей Захаров]

Thanks colleagues, so roughly thought !!!
Andrei, our lady is "vice versa", registered, but does not live (allegedly). But thanks again for the participation of the gentlemen !!!

That's why it is necessary to establish where she actually lives and in the place of actual residence and collect material on it (with the involvement of the police officers) from which it will be seen that the person actually lives at a different address without registration ... But this needs to be agreed with by the police, because in principle, the bulk of the administrative offense due to the circumstances specified in the appendix to the article of the Code of Administrative Offenses will not be ... and therefore the district police officer who will be involved in this case needs to make a decision to terminate administrative proceedings ... this definition will be documentary evidence of actual residence persons at a different address ... something like this ... but it is necessary to negotiate with the district police officer on a mandatory basis ... and before that, it is natural to establish the address of the actual residence ... (and this is just the work on our part))) )) There are still options, in particular, related to maintenance obligations .... but this needs to be considered in the context of a specific situation ... without knowing the specifics it is very difficult to give any practical advice))))))

 

[STALKER]

Thank you I heard you.

 

[Андрей Захаров]

Thank you I heard you.

How can I)))))