The Supreme Court has put an end to it: it is impossible to deregister without a court decision

The Supreme Court has formed a principled legal position that significantly strengthens the protection of housing rights: the presence of a court decision on the preservation of the right to use housing makes it impossible to remove a person from registration at the owner’s request.

This is a resolution dated April 1, 2026 in case No. 345/6105/23, in which the court considered the conflict between the right of ownership and the right to use housing.

The essence of the dispute

The owner of the housing applied to the registration authority and achieved the removal of the residents from the registration of the place of residence. At the same time, the court had previously refused to recognize these persons as having lost the right to use housing.

Despite this, the registration authority took appropriate actions, and the courts of first and appellate instances did not see any violations.

The position of the Supreme Court

The Court of Cassation took a clear and principled position:

a court decision that has entered into legal force has a preliminary significance;

the circumstances established therein cannot be ignored or overestimated;
the owner of the dwelling cannot “circumvent” the court decision through administrative procedures.

The court emphasized: if it has already been established that a person has not lost the right to use the dwelling, then any actions to remove it from registration without a new court decision are illegal.

Why is this important

The Supreme Court has effectively blocked a widespread practice that appeared after changes in the legislation – when owners tried to resolve housing disputes “bypassing” through registration authorities.

It is now clearly defined:

a registration action cannot contradict a court decision

This means that:

the rights to use the dwelling have received real, not declarative, protection;

registration authorities must take into account court decisions;

owners cannot remove residents without due judicial procedure.