Power of attorney from the owner for registration without his presence

Legislation

Registration is also possible without a personal application, although it is not directly established. A person may experience difficult life circumstances or illnesses. Registration is carried out on the basis of the following regulations:

Government Decrees No. 194 of 03/05/2015 and No. 713 of 07/17/1995.
Housing Code of the Russian Federation.

Clause 31 of PP No. 713 contains a list of cases when registration is allowed without one’s own presence. The website of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs of the Russian Federation contains information about the possibility of applying through a legal representative, who can act on the basis of a notarized power of attorney.

Is it possible to check out of an apartment without personal presence in Russia in 2020

Through the portal you can submit an online application for discharge from housing. However, to finalize the deregistration, you will need to appear in person at the passport office or have a representative with a notarized power of attorney who will issue the deregistration on your behalf.

conscription into the army;
long term imprisonment;
death or a court decision declaring a citizen dead;
recognition of a person as missing;
identification of violations and errors in documents that were the basis for registering a person.

25 Jan 2020 etolaw 1293
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Registration without the presence of the registered person

The main requirement is compliance with the deadlines established by law. With permanent registration – 7 days, with temporary – 90. Is it possible to register without personal presence? The fiduciary must provide consent, which allows for representation.

In order for the procedure to pass the first time, it is better to contact the Main Migration Department of the Ministry of Internal Affairs at the place where the application was submitted in advance. This allows you to accurately determine whether personal presence is required during registration. Here we will tell you exactly what is needed.

As a rule, in addition to consent, a power of attorney is required to submit and receive documents by a notary. In such a situation, registration without the presence of the person being registered becomes possible, and government bodies have no reason to refuse.

At the place of residence

To do this, the principal provides documents from both parties. It is important to take into account that the passport of the registered person is taken from the Main Directorate for Migration of the Ministry of Internal Affairs. This is necessary to affix a stamp with the registration address.

By place of stay

The procedure does not change, but the registration period is indicated in the application. It ranges from 3 months to 5 years and is chosen at the discretion of the owner. It is suitable in the following cases:

moving to a city where there is no real estate;
long-term treatment;
being on a business trip for a period of more than 90 days.

Temporary registration without the presence of the person being registered is simpler, since there is no need to register from the place of residence. After expiration, you can re-issue it if necessary, and the person does not plan to leave the region.

How to register a convicted person without his presence

To discharge a convicted citizen, it is necessary to appear at the authorized body for this purpose and write an application. You won’t have to run anywhere, since the entire procedure is carried out by one employee. The convicted person will be discharged from the apartment within 3 days after submitting the application and documents. There is no state duty for the provision of this service. Therefore, the procedure for deregistering a citizen is completely free.

According to the explanations contained in paragraph 32 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14 “On some issues that arose during the application of the Housing Code of the Russian Federation,” in the temporary absence of the tenant of the residential premises and (or) members of his family, including former family members, they retain all rights and obligations under the social tenancy agreement (Article 71 of the Housing Code of the Russian Federation).

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How to apply by power of attorney

To register, you need to collect a complete set of documents and contact the Main Migration Department of the Ministry of Internal Affairs. Many people are interested in whether it is possible to register a person under a general power of attorney? Permission from the apartment owner is required.

According to the law, registration documents must be submitted in person. But the following exceptions are possible:

the person is dependent on a guardian and has been declared legally incompetent;
serious disease;
absence from the country or city;
being in prison.

In such situations, it is necessary to obtain a power of attorney for registration. This is a legal document that confirms the owner's consent. It contains precise instructions on what actions need to be performed.

Procedure for issuing a power of attorney

If a person cannot independently apply to the Main Department of Migration of the Ministry of Internal Affairs for registration, the representative must have a supporting document. Identity verification is also required. Therefore, the power of attorney for registration at the place of residence is supported by the passport of the person submitting the documents.

To register it, you must contact a notary. You can issue a special power of attorney, which has a one-time use. To complete a personal application, listing the required actions and indicating the period when the document can be used is sufficient. If it is missing, the period is automatically set to 1 year.

You can register by proxy using a handyman. This is necessary if a person is deprived of such an opportunity due to illness. He must sign, and the notary confirms his eligibility.

How to discharge a person from an apartment if he is in prison? The procedure for deregistering a convicted person

If a person who committed a crime and was punished for it with a prison term was free and present during privatization, but issued a refusal in favor of the owner, then even if the owner of the place of residence changes, this citizen will have the right to use the residential premises (clause 4 of article 31 of the Housing Code RF). In this case, there is only one option for discharge - of your own free will.

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In a situation where privatization was carried out after the arrest, and the convict did not participate in it, having refused, then it is possible to cancel the registration, but only for the period of stay in places that are not so remote. The right to use housing upon return is retained .

How to sign out using a power of attorney

For everything to work out, you need to clarify some key points. It is important to provide the required documents containing the required information. How can you discharge a person without his immediate presence? The following is taken into account:

form of registration - permanent or temporary;
internal regulations of the territorial department of the Main Directorate for Migration of the Ministry of Internal Affairs;
availability of further registration;
location of the person being deregistered.

If we are talking about temporary registration, no additional measures are required. At the end of the validity period, it is automatically canceled. If the owner is in a hurry, you can issue a power of attorney for deregistration on your own behalf. In this case, all that is required is to prepare an application and provide a document confirming ownership.

Many people are concerned about how to check out without personal presence if registration is permanent. It is necessary to obtain consent from the person in respect of whom the registration is taking place. Otherwise, the property owner will have to go to court. Further actions will be carried out on the basis of the received resolution.

How to properly draw up a power of attorney from the owner for registration

a power of attorney gives the right to carry out registration actions only in relation to the principal;
the text of the power of attorney must contain precise instructions on the right to perform such actions as representation on behalf of the owner in the Federal Migration Service, drawing up and signing an application on behalf of the owner, providing and receiving documents for the apartment and identity cards on behalf of the owner.

If you receive their consent to accept documents from a trusted person, you will need to issue a notarized power of attorney for registration in the apartment. It is advisable to obtain a sample of such a document from FMS employees in order to eliminate the insufficient amount of information and powers specified in the power of attorney.

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Consent of the person being prescribed

If present, it is drawn up in the form of a statement indicating personal data and signing. Otherwise, a power of attorney is submitted, which specifies that the representative undertakes to submit and pick up the completed documents. Without this, further actions are not allowed.

Owner's consent

Employees of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs often refuse registration if only a power of attorney from the owner of the property is provided, as this may lead to claims on his part. To prevent this situation from happening, the owner’s consent to registration and an application in Form 6 is additionally provided. Registration is carried out through a notary.

How to discharge a convicted person from an apartment

If the convicted person is your relative and you have a court decision (sentence) in your hands by which he was convicted, then with this verdict and your own passport you can contact the passport department of the district office. There you will write a statement with a request to discharge the person due to temporary absence.

If you have a privatized apartment, but your convicted relative refused to participate in the privatization at one time, then it is possible to discharge him only with his consent. To do this, you must take an approved form from the passport office and contact the head of the camp or the commandant of the prison with a request to allow the convict to fill out this form. In addition, the camp director or commandant must certify the completed form.

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Where to contact

First of all, you need to prepare a complete package of documents. Then you need to find out where registration is done. You can contact one of the following organizations:

management company;
through the State Services portal;
MFC;
territorial department of the Main Department of Migration Affairs of the Ministry of Internal Affairs.

Most often, citizens turn to Multifunctional Centers. Here they will accept documents and give you a form to fill out. But the period increases, since registration takes place directly at the migration department of the Ministry of Internal Affairs.

Registration procedure

To complete all the steps in one go, just follow simple instructions.

Collect documents, including preparing a notarized power of attorney.
Contact the authorized body.
Write an application and submit it along with the documents.
At the appointed time, come for a completed certificate or passport (depending on the type of registration).

The procedure does not differ from the standard one. But in this case, a power of attorney and a representative’s passport are additionally submitted.

Required documents

What do you need to register for an apartment if it is impossible to be present in person? To do this, present the following.

Passport and military ID of the registered person.
A power of attorney prepared by a notary.
A document confirming the identity of the representative.
Certificate of departure from the previous address when permanent registration is required.

An application form will be issued upon application. Co-owners provide consent. If we are talking about a municipal apartment, permission is accepted from adults.

Registration deadlines

How many days does it take to register when submitting documents to the Main Migration Department of the Ministry of Internal Affairs? Registration actions are allotted 3 business days from the date of receipt of the application.

In the absence of required documents, the period will be increased to a week to provide everything necessary. When an application is submitted through the Multifunctional Center, the period will be longer, since time is needed to deliver the documents.

Cost of the procedure

Citizens of the Russian Federation receive registration free of charge. For foreigners, a fee for checking and preparing a document is set at 350 rubles. The final cost will depend on the services of a notary when registration occurs by power of attorney.

What will they give out in the end?

If we are talking about permanent registration, a stamp indicating the place of residence is affixed to the internal passport. It is provided indefinitely. For those applying for temporary registration, the certificate is issued on a separate form.

Registration of a convicted person

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