Power of attorney for registration at place of residence

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The procedure for registration and deregistration at the place of residence is usually carried out in the personal presence of citizens at the relevant government agency and is certified by a stamp in the passport. However, in current Russian legislation there is no categorical prohibition on checking out of an apartment by proxy.

There are different opinions regarding this kind of deregistration, however, referring to Federal Law No. 100 of May 7, 2013 and Article 185 of the Civil Code of the Russian Federation, a power of attorney has legal force and confirms the voluntary transfer by one person of certain powers to another temporarily. Based on this, when considering the question of whether it is possible to check out of an apartment without the personal presence of a registered person at the Federal Migration Service, one should answer that this is indeed possible.

In fact, it does not matter whether the power of attorney for extracting from an apartment is handwritten or printed, what is important is the details, the information component and compliance with all the requirements presented to this document. Based on this, it can be noted that you can draw up such a paper yourself or use a notary’s form.

Is a notary always needed?

Until recently, until 2013, notarization of a power of attorney was required in all cases. Today, this is already a mandatory rule for everyone, without exception, for both individuals and legal entities, as evidenced by a separate article in the Civil Code. It also regulates the procedure for drawing up such papers, along with the principles of their use, cancellation and revocation.

Any powers, be it a power of attorney to register ownership of an apartment, registration or deregistration, submission and receipt of documents, etc. must be certified by a notary office. Without this, they are not legal and any action performed using an uncertified document will be considered illegal and canceled.

Notary certification is not required only in some special cases, when it comes to issuing a power of attorney on behalf of senior officials of military-defense structures and social bodies. However, in the case of registration and deregistration, this is rarely used in practice.

Considering the fact that only individuals are usually involved in this issue, it should be borne in mind that before appearing at the Federal Migration Service, it is necessary to visit a notary.

Checking out of an apartment without being present - procedure and basic methods

If you plan to register in someone else's apartment, you must have the owner's permission certified by a notary. Or the presence of the owner, who will have with him a passport and all documents confirming ownership of the living space for which registration is being carried out.

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When writing an application, you should provide supporting documents that will indicate the place of residence of the citizen and the reasons for his stay. If this concerns treatment, then the disease, methods and timing of treatment are indicated. This procedure can be carried out either by a relative of the patient or his guardian.

Registration requirements

There is no separate type of power of attorney for eviction from an apartment by the owner or other registered occupant. However, its essence lies in the citizen instructing his representative to act on his behalf in the territorial body of the Federal Migration Service (FMS). Mandatory points of the structure of this document are:

Name, date of execution in words, name of the locality where the paper was drawn up;
Full last name, first name, patronymic, passport details of the principal and authorized representative;
What particular interests is the representative entrusted with representing;
Validity period of the document;
Signature of the principal, signature, transcript and seal of the notary.

A power of attorney for registration in an apartment or for deregistration directly from the owner or other tenant is most often drawn up directly at the notary’s office. In this case, you won’t have to worry about correct drafting and other nuances. There is no need to register this document anywhere; the standard validity period is only one month. Of course, the owner of the living space or other resident who issues a power of attorney has the right to shorten or extend this period as necessary.

Sample power of attorney to receive documents

When might you need a power of attorney to receive documents? Such a power of attorney is needed only when you cannot pick up the necessary documents yourself. Actions through a trusted person in this case can save not only time, but also your nerves.

Such a power of attorney is sealed with the official seal of the organization. In the case when the director of an enterprise himself represents his organization, he does not need a power of attorney; he represents the organization in accordance with the organization’s charter without a power of attorney.

Compilation example

When drawing up a power of attorney to extract from an apartment, you can use the following sample:

POWER OFFER FOR DEREGISTRATION AT PLACE OF RESIDENCE

(date in words) (place of compilation)

I, a citizen of the Russian Federation (last name, first name, patronymic, date of birth, passport details), who is registered at the address (indicate full postal address without zip code), entrust this power of attorney to a citizen of the Russian Federation (last name, first name, patronymic, date of birth, passport details) , which is registered at the address (indicate the full postal address without a zip code) the right to represent my interests in the Federal Migration Service regarding the deregistration of me at the address (indicate the address), as well as the preparation of other related documents.

I entrust my representative with the right to receive all necessary documentation, extracts and certificates, the right to submit applications and requests on my behalf, certify copies, make changes and additions, and the right to sign in the process of fulfilling my given instructions.

The validity period of the document is (specify in words), without the right (or with the right) of subrogation.

I certify the signature of the citizen (full name of the principal) (notary data, seal).

Features of the power of attorney

The difference between these types of registration lies in the set of documents submitted to the Ministry of Internal Affairs of the Russian Federation. If the owner of the property cannot be present at the department of the Ministry of Internal Affairs or the MFC, he has the right to issue a notarized power of attorney. As a rule, we are talking about drawing up a one-time power of attorney (that is, intended to carry out a legal transaction once).

What is and why do you need a power of attorney for registration from the owner? Is it possible to register in an apartment by power of attorney?

In paragraph 1 of Art. 186 of the Civil Code of the Russian Federation states that in the absence of a specific validity period, the document is automatically valid for 1 year from the date of its execution.

The legislation does not establish strict prohibitive measures for its registration in the absence of one of the interested parties.

Where to apply the document

In order to discharge a tenant from an apartment by proxy, you first need to check with the local territorial office whether they carry out this procedure without the personal presence of the registered person. Despite the fact that this is not prohibited by law, in some localities they are careful about procedures with a power of attorney, so as not to incur unnecessary troubles.

Where to register de-registration:

In the division of the Federal Migration Service;
Through the Multifunctional Center;
In the housing office, where there are relevant departments.

All registration actions are carried out exclusively by employees of the Federal Migration Service. All other institutions have the right only to receive documents with their subsequent transfer to the FMS. Based on this, it is advisable and time-saving to contact the migration service. Taking into account the latest legislative changes and the specifics of the body’s work, the registration procedure takes from one to three days. If the documents are not submitted directly to the Federal Migration Service, the waiting period increases to six days on average. Time must be counted from the date of submission of the application and its registration in the book of incoming requests.

Documents confirming registration at the place of residence

Independently contact your local passport office and submit a special application for the provision of state and municipal services.
Submit a special application on the government services portal that provides such services. However, in both the first and second cases, the applicant will need to independently contact the relevant institution to receive a passport in hand.

A person can be registered in a residential area either permanently or temporarily, however, in order not to make mistakes in all the subtleties, it is necessary to know all the deadlines and features of providing documents to begin the procedure.

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Urgent deregistration

There is the possibility of urgent discharge of the prescribed person, that is, on the day of treatment. This is done by contacting the migration service directly, where it is advisable to go directly to the manager with all the necessary documents, providing him with compelling reasons for urgent registration. If the application is endorsed by the head of a given territorial office, the responsible FMS employee will issue an extract within five minutes.

In addition, today it is possible to make an appointment in advance, arriving at the designated specific time. You should not issue a general power of attorney for the deregistration procedure, as this will give the representative many options for fraud. As practice shows, legal proceedings most often begin precisely because of conflicts between relatives and friends. Taking into account the sample power of attorney presented above, there is no need to add anything else to it. You should be very careful with the transfer of signature rights. If possible, it is better not to do this either.

It is advisable that the owner of the property, if it is necessary to write him out by power of attorney, already has a prepared and signed application with which the representative will appear at the FMS.

What documents are needed for registration at the place of residence?

All documentation is provided to the registration department - the territorial branch of the FMS - by the tenant himself, by mail, or the Internet. The good thing is that the service for obtaining temporary registration can be obtained free of charge.

When it is necessary to stay in another city that is not a place of permanent residence for more than three months, the person must register at the point of arrival, only temporary.

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Documents and difficulties

To clarify the full list of papers that the representative will need, it is better to clarify this point in advance with the migration service or the house management. The main documents include:

A signed statement from the owner or other tenant regarding the release of a person already registered in the apartment;
A power of attorney certified by a notary and duly executed;
Passport of the principal and his representative, for whom the document was issued.

When interested in questions about whether it is possible to register or deregister a person, having a power of attorney for the right to do this, sometimes you have to deal with the fact that some migration service employees are very wary about this. Any absentee procedure carries risks, since responsibility for it falls on the FMS employee and after information regarding registration is transferred to Rosreestr. If any troubles arise, they will have to answer for the restriction of the citizen’s rights (here we are more referring to unlawful actions on the part of the guarantor who received a power of attorney and someone else’s passport fraudulently). In this case, you will have to open a criminal case regarding registration and consider it through the court.

Power of attorney for a passport officer at the Federal Migration Service Sample

Power of attorney to submit a notification to the Federal Migration Service. Currently, there is no judicial practice or official clarification on this issue. Details in the materials of the Personnel System: 1. Answer: How to notify the migration service about the conclusion and termination of an employment contract with a foreign employee Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Ministry of Health of Russia When hiring foreign employees, the organization must notify concluding labor or civil law contracts with them, the division of the Federal Migration Service of Russia in whose territory the foreign employee works.* The notification form was approved by Order of the Federal Migration Service of Russia dated June 28, 2010 No. 147. In addition, the migration service must also be notified of the termination of labor or civil law contracts. legal contracts with foreigners.

What powers does the manager give to the attorney?
Which foreign citizens receive documentation from the Federal Migration Service through this organization (if there are more than three, then it is more convenient to provide information about full name, date of birth, passport number and country of arrival in the form of a table).

The period for which the power of attorney is issued.
Does the attorney have the right to delegate his powers to any other person.

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What is the essence of registering a residence permit without a tenant’s right to living space?

A citizen with permanent registration in a privatized apartment, although he lives without the right to dispose of housing or lay claim to this property, can only be discharged with his consent or in court.
Minors also do not receive the right to dispose of the premises, but it is even more difficult to discharge them: this will require the consent of the guardianship and trusteeship authorities. If there is nowhere to register the child, problems may arise in obtaining such permission.

Newborns up to 1 month are registered with their mother “automatically”. There is no need to obtain the owner's consent. The only documents required are a birth certificate and a statement from the mother. The child's father and homeowner are not required to be present during the procedure.
Minor children can also be registered without the consent of the owner. Documents: birth certificate, parents’ passports or permission of one of them, if he is not present, marriage certificate and extract from personal account/house register.

26 Jun 2020 glavurist 346
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