Is it possible to register a convicted person without his presence?

From privatized From municipal Other nuances

Read our articles about whether it is possible to deregister a person to nowhere, how to deregister a person without knowledge who has not lived there for a long time and does not pay bills, how to deregister a deceased or disabled person, and also about whether it is possible to deregister an ex-husband or wife after divorce.

How to register a convicted person

Oleg, If your convicted relative participated in privatization, then you can only discharge him, but selling your home without his consent is unlikely. This simply requires the personal presence of the convicted relative as one of the co-owners. Secondly, you are unlikely to find many people willing to buy such an apartment. Even if you manage to complete the deal, if desired, your relative can easily challenge it in court.

Good night! Registration has nothing to do with what might happen! Just like the lack of registration will not prevent you from any troubles or problems! So you need to decide for yourself whether to register your nephew or not! You just need to make a written commitment from him that in the event of your request, he will instantly submit an application for deregistration! Good luck and good luck!

What will they give out?

Since the relative of the prisoner does not have the original passport in hand, and a copy was submitted, the stamp on deregistration at the place of former registration will be placed only on the second copy of the departure sheet .

This will be the result of the discharge.

If after this procedure you take a certificate from the place of residence , then the prisoner’s surname will no longer appear on it, since the deregistration operation has been carried out in the automated database and in all accounting papers.

Methods for discharging a convicted person from an apartment

Usually, difficulties arise in obtaining the last document, since the court can only issue a copy of the verdict to the parties to the case. The easiest way is to get it from the convicted person himself, but you can write a statement to the court asking for the papers to be issued and explaining the reasons for the need.

I am the owner of the house. With my consent, I registered my sister in the house, but she does not live in the house, but lives in the city, with me. I came to the passport office for a certificate and it turned out that the FMS independently registered my sister, citing the Federal Law - No. 376 dated December 22, 2013 It is legal?

RESPONSIBILITY FOR ENSURING THE SECURITY OF PERSONAL DATA

9.1. The Company is responsible for the development, introduction and effectiveness of norms regulating the receipt, processing and protection of personal data that comply with the requirements of the current legislation of the Russian Federation. The Company assigns personal responsibility to employees for compliance with the confidentiality regime established in the Company.

9.2. Heads of departments bear personal responsibility for compliance by employees of the departments they head with the rules governing the receipt, processing and protection of personal data. Managers who allow employee access to documents and information containing personal data are personally responsible for this permission.

9.3. Each employee of the Company who receives a document containing personal data for work bears sole responsibility for the safety of the medium and the confidentiality of the information.

9.4. Employees guilty of violating the rules governing the receipt, processing and protection of personal data bear disciplinary, administrative, civil or criminal liability in accordance with the current legislation of the Russian Federation.

9.5. The Company is not responsible for losses and other costs incurred by subjects of personal data as a result of their provision of false and incomplete personal data.

How to register a person by power of attorney

Owners often ask whether it is possible to register a person without his presence. Since the law establishes the need for personal submission of all documentation required by law when carrying out registration actions, this issue requires detailed study.

Important. Registered citizens only have the right to live in the apartment; they cannot dispose of it. You should also know that if the owner agreed to temporarily register a person, then only a court can discharge him without consent, since temporary registration has a specific end date.

Registration of a person in an apartment without his presence

In addition to the application for registration, you will need a citizen’s passport, all passports of adult apartment owners, documents for the apartment, a power of attorney with notarization, and a departure slip. The man presents a registration sheet with a military ID, which can be obtained at the military registration and enlistment office.

Next, a power of attorney is issued to perform certain actions on behalf of the citizen. A notary will help you draw up a power of attorney intended for regulatory authorities: you will need a one-time, special paper, not a general one. You can call a notary to your home to witness the application.

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.

The rights of convicts are observed especially biasedly: increasing the number of people without a fixed place of residence is unacceptable; on a national scale these are impressive figures. That is why it is unlikely that it will be possible to circumvent the laws, even among legally savvy relatives themselves.

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.

Timing and cost

For the convenience of citizens, the work of the bodies authorized to carry out registration actions is structured in such a way that documents are accepted in a single window , and this is where a set of papers should be submitted.

The period for processing the cancellation of registration cannot last more than 3 days after submitting the application (clause 22 of the Administrative Regulations).

Since the service for terminating the validity of a residence permit is a state service, when it is provided by bodies specially authorized for this purpose payment for the provision of such a service is not required , and in this case there is no state duty.

Is it possible to sign a person out of an apartment without his consent?

The owner must go to court to force a compulsory deregistration. After a court hearing takes place in this case and a decision is made, you need to contact the registration authority with this decision and submit an application for deregistration of certain citizens.

Termination of family relationships (divorce). If for some reason the marriage breaks up and one of the spouses wants to write out the other, in accordance with Article 31 of the Housing Code of the Russian Federation. If the owner of the apartment acquired it before marriage, then the housing is recognized as property that was not jointly acquired, and the court takes the owner’s side, after which the former relatives can be discharged without any problems.
A citizen does not live at his place of registration for a long time and does not pay for utilities. He can be discharged by court - provided that he owns another home. Based on the received court decision, the person will be deregistered.
Deprivation of parental rights. If further residence with children is prohibited by the court, bailiffs can evict the parents without providing them with other housing. In this case, the plaintiff is the guardianship authorities, and the law will be entirely on the side of the minors. People deprived of parental rights are automatically discharged.
If the municipality that rents out the apartment intends to privatize it, it may decide not to include the tenants who live there in the number of participants in the privatization. Then you will have to be deregistered. In this case, the extract can be made both voluntarily and judicially.

FORMATIVE REGULATION OF PERSONAL DATA PROCESSING

3.1. Legal grounds for processing personal data:

The Company is obliged to process personal data only on a legal and fair basis.
The Company's policy in the field of processing personal data is determined in accordance with the following regulatory legal acts of the Russian Federation;
The Constitution of the Russian Federation;
Labor Code of the Russian Federation;
Civil Code of the Russian Federation;
Tax Code of the Russian Federation;
Federal Law of December 19, 2005 No. 160-FZ “On the ratification of the Council of Europe Convention for the Protection of Individuals with respect to Automatic Processing of Personal Data”;
Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”;
Federal Law No. 149-FZ of July 27, 2006 “On information, information technologies and information protection”;
Federal Law No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights”;
Federal Law No. 326-FZ of November 29, 2010 “On Compulsory Health Insurance in the Russian Federation”;
Federal Law of December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation”;
Federal Law of July 16, 1999 No. 165-FZ “On the Basics of Compulsory Social Insurance”;
Federal Law No. 14-FZ of 02/08/1998 “On Limited Liability Companies”;
Decree of the Government of the Russian Federation of November 1, 2012 No. 1119 “On approval of the requirements for the protection of personal data when processed in personal data information systems”;
Decree of the Government of the Russian Federation of September 15, 2008 No. 687 “On approval of the regulations on the specifics of processing personal data carried out without the use of automation tools.”

3.2. The processing of personal data cannot be used by the Company or its employees for the purpose of causing property and moral harm to the subjects of personal data, or hindering the exercise of their rights and freedoms.

3.3. The processing of personal data by the Company must be limited to achieving legitimate, specific and predetermined purposes. Only those personal data are subject to processing, and only to the extent that meet the purposes of their processing.

3.4. All local regulations adopted by the Company that regulate the processing of personal data in the Company are developed on the basis of this Policy.

Is it possible to check out of an apartment without personal presence in Russia in 2021?

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.

Registration at the place of residence or temporary stay is the responsibility of every person located on the territory of the Russian Federation. This also applies to those sentenced to isolation from society. The location of such persons changes regardless of their intention. For this reason, they are subject to registration at a new location.

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BASIC CONCEPTS

2.1. Policy – a local regulatory act approved by the General Director of the Company – “Policy of the Limited Liability Company “Secure Telecommunications” regarding the processing of personal data in the field of processing and protection of personal data.”

2.2. Personal data - any information relating to a directly or indirectly identified or identifiable individual - the subject of personal data. Processing of personal data is any action with personal data performed using automation tools or without the use of such tools.

2.3. Personal data subject is an identified or unidentified natural person in respect of whom personal data is processed.

2.4. Partner is a legal entity or individual entrepreneur, a personal data operator, with whom the Company has a contractual relationship, in fulfillment of the obligations under which the Partner entrusts the Company, as a third party, with the processing of Clients’ personal data.

2.5. Client - an individual, subject of personal data, counterparty of the Company and/or Partner of the Company, to whom the Company provides services, performs work or sells goods.

2.6. Visitor is an individual not connected with the Company by contractual relations, a subject of personal data, performing actions aimed at concluding an agreement with the Company.

2.7. An authorized employee is an employee of the Company appointed by order of the General Director of the Company to be responsible for ensuring information security and protection of personal data.

2.8. Dissemination of personal data - actions aimed at disclosing personal data to an indefinite number of persons.

2.9. Providing personal data - actions aimed at disclosing personal data to a certain person or a certain circle of persons.

2.10. Cross-border transfer of personal data is the transfer of personal data to the territory of a foreign state to an authority of a foreign state, a foreign individual or a foreign legal entity.

Are convicts registered at the place where they serve their sentences?

A person sentenced to imprisonment is registered at the place where the sentence is served. This is necessary because if a person stays at the address of stay for more than 90 days, he is obliged to contact the persons responsible for receiving and transmitting data to the territorial police departments. In this case, registration will be temporary, for the period of imprisonment.

The registration procedure is regulated by the following standards:

A person sentenced to imprisonment is somewhat limited in his rights, for example, to choose a place of residence or temporary stay. Such restrictions apply during the sentence until release. But the convicted person is not deprived of his rights in full.

For example, he can count on medical care. He also retains social guarantees for receiving:

Temporary registration is also necessary in order to reduce payments for housing and communal services at the previous address of residence.

These rights can only be exercised if there is registration, including a temporary one.

It is also necessary to register a convicted person to avoid liability under Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation. In this case, measures will be taken against the administration of the correctional facility, since the responsibility for registering a person serving a sentence is assigned to it.

GENERAL PROVISIONS

1.1.
In the process of carrying out its statutory activities, the Limited Liability Company “Secure Telecommunications” (hereinafter referred to as the Company) processes personal data. In the process of processing personal data, the main principles of the Company are compliance with the principles of legality, fairness and confidentiality when processing personal data. The Company is responsible for maintaining the confidentiality and security of processed personal data. 1.2. This Company Policy in the field of processing and protection of personal data (hereinafter referred to as the Policy) ensures the implementation of the requirements of the current legislation of the Russian Federation in the field of processing personal data of personal data subjects. The Policy discloses the main categories of personal data processed by the Company, the purposes, methods and principles of the Company’s processing of personal data, the rights and obligations of the Company when processing personal data, the rights of personal data subjects, as well as measures taken by the Company to ensure the security of personal data during their processing .

1.3. This Policy applies to all cases of processing of personal data by the Company, regardless of whether the processing of personal data is automated or non-automated, whether it is performed manually or automatically.

1.4. This Policy is an internal local regulatory act of the Company and is mandatory for execution by all divisions and employees of the Company.

1.5. Each employee newly hired by the Company must be familiarized with this Policy before beginning to perform their job duties.

1.6. This Policy is approved by the General Director of the Company, who monitors compliance with the Policy in the Company.

1.7. This Policy is valid indefinitely. The policy is subject to review at least once every two years. The new version of the revised Policy is approved by the General Director of the Company.

1.8. Responsibility for updating this Policy and ongoing monitoring of compliance with the Policy rests with the authorized employee appointed by order of the Company and responsible for organizing the processing and protection of personal data.

1.9. The Company, based on the requirements of this Policy, develops all other internal local acts and other documents of the Company related to the processing of personal data.

1.10. This Policy is a public document. To ensure unlimited access to the document, the text of this Policy is posted on the official website of the Company on the Internet www.zonatelecom.ru, publicly accessible to an indefinite circle of persons.

Is permanent registration canceled while a person is in the zone?

The very fact of isolating a person from society does not deprive him of the right to use residential premises. That is, the law does not allow a person sentenced to imprisonment to be automatically deregistered. In addition, temporary registration does not provide for the cancellation of permanent registration.

Deregistration is possible only with the consent of the person. This rule also applies to those isolated from society. This mainly happens when a convicted person seeks to reduce his family’s housing costs or simplify the procedure for selling real estate.

Restoration of registration depends on the reasons for its cancellation. If a person checks out voluntarily, then he needs to contact the owner of the property and obtain the latter’s consent. After that, he will be able to check in at the premises. If the eviction was forced, then the issue will have to be resolved in court. It is necessary to fill out a statement of claim and attach supporting documents to it.

The judicial procedure for resolving the issue will entail certain monetary costs. At a minimum, the interested party will need to pay 300 rubles of state duty.

Laws

The main document regulating the deregistration of citizens is Order of the Federal Migration Service of September 11, 2012 N 288, as amended on January 19, 2015.

And although the FMS has already been abolished, and its powers have been transferred to the Main Directorate for Migration Issues of the Ministry of Internal Affairs, Order No. 288 itself is still relevant, and the internal affairs bodies rely on it.

Is it possible to discharge a person from an apartment if he is in prison? Yes, deregistration of a person involves two main options:

with his consent;
without his consent.

Legality of registration

There are many situations in which a seriously ill person who is unable to move needs to be prescribed or discharged. Therefore, it is quite logical that special conditions are provided for these categories of citizens.

Extract from an old apartment is the initial task for those citizens who want to obtain registration in another city or locality. If the residential premises are located within the same city, then this procedure can be omitted. In case one of the registrations becomes the place of temporary registration.

And also, what is the difference between the concepts of registration and registration, read in this article.

The process of issuing a power of attorney

The main document in the process of registration of registration without the presence of a person is a power of attorney on his behalf.
Often, a notary draws up a power of attorney, which is intended for the regulatory authorities of the passport office. To issue a power of attorney, you need a one-time special form, which the notary has. Certification of a document, as a rule, is carried out in the place where the citizen resides - be it a home or a hospital. In special cases, the help of a signer is required - a person who signs a document for a person who is deprived of such an opportunity due to illness. His task is to sign or write a statement if the patient is unable to perform these actions.

Take note: to select a hand-attacker, be guided by certain selection criteria:

speaks Russian;
has a passport of a citizen of the Russian Federation;
adequate in his actions;
not interested in the registration process.

Preparation of necessary documents

Click to view a sample registration application

To carry out registration without the personal presence of the person being registered, the owner of the apartment must be present at the passport office. His task is to fill out an application for registration using Form 6, which will be given to him when he visits the passport office.

If the document on the basis of which registration occurs is a power of attorney, then in addition to it, the authorized representative of this citizen must write a statement stating that the citizen who is being registered has no claims to the actions of the owner of the residential premises.

All necessary copies of samples and forms can be found at the passport office, multifunctional center or FMS office. Also, in some cases, it is necessary to fill out an arrival sheet. For example, if a person arrives to change his registration from another city.

In addition to the above documents, you will also need:

passport of the citizen being registered;
passports of all adult apartment owners;
the house register, since an item on the registration of one more citizen will be entered into it;
departure sheet (a document issued when changing place of residence);
power of attorney certified by a notary;
men are required to provide a registration certificate and military ID.

After collecting all the necessary documents, they are checked by the registrar for correctness and authenticity within about 1-2 working days.
The passport of a citizen who is unable to be present at registration remains in the passport office. Registration registration without the presence of the person being registered is usually carried out within 5 working days. The passport with the registration stamp on it about the new place of residence and registration must be picked up on the appointed day, which will be notified in advance by the passport office employees. But there are also cases when the document can be picked up by proxy or the passport office employees will bring it to your home.

To learn more about the fines for expired registration or lack thereof, read this article.

Read useful information on how to vote outside your place of registration here.

And from this article you will learn everything about how to register in a municipal apartment.

PROCEDURE FOR PROVIDING INFORMATION TO THE SUBJECT OF PERSONAL DATA

8.1. Access to your personal data is provided to the subject of personal data or his legal representative by the Company upon application or upon receipt of a request from the subject of personal data or his legal representative. The request must contain the number of the main document identifying the subject of personal data or his legal representative, information about the date of issue of the specified document and the issuing authority and the handwritten signature of the subject of personal data or his legal representative. The request can be sent in electronic form and signed with an electronic digital signature in accordance with the legislation of the Russian Federation.

8.2. The Company informs the subject of personal data or his legal representative information about the availability of personal data relating to the corresponding subject of personal data, and also provides the opportunity to familiarize himself with them when applying to the subject of personal data or his legal representative or within ten working days from the date of receipt of the request of the subject of personal data data or his legal representative.

8.3. The right of the subject of personal data to access his personal data is limited if the provision of personal data violates the constitutional rights and freedoms of other persons.

8.4. An unlawful refusal to provide documents containing personal data collected in the prescribed manner, or untimely provision of such documents or other information in cases provided for by law, or the provision of incomplete or knowingly false information may entail the imposition of an administrative fine on officials in the amount determined by the Code of Administrative Offenses of the Russian Federation.

8.5. Clients, Visitors and Partners, by providing the Company with their personal data and taking implicit actions to order services and pay for them, express their consent and give their will permission to process their personal data in the manner prescribed by this Policy. In case of disagreement with the provisions of this Policy, Clients, Visitors and Partners must refrain from using the official website of the Company and from transferring their personal data to the Company.