How does deregistration from an apartment by power of attorney take place, what laws govern it?

Is it possible to check out without personal presence?

The law allows deregistration without personal presence. This is possible when circumstances have developed in such a way that a person does not have the opportunity to contact the territorial police department on his own. The general procedure for deregistration is regulated by:

• Law of the Russian Federation of June 25, 1993 No. 5242-1.
• RF PP dated July 17, 1995 No. 713.
• By Order of the Ministry of Internal Affairs of Russia of December 31, 2021 No. 984.

These regulations do not directly indicate an extract from an apartment by proxy, but they also do not establish prohibitions. The right of an interested person to issue a power of attorney to his legal representative is enshrined in Article 185 of the Civil Code of the Russian Federation.

Where to go? Type of power of attorney required in this case

However, there may be exceptions . For example, a bedridden patient cannot independently appear at the registration authority.

Then all of the above documents (except for the identity card) must be notarized with a notary summons to your home or medical institution (paid service).

If the patient is unable to sign the document himself, a handyman is appointed (Article 160 of the Civil Code).

Useful: How much does a general power of attorney cost for the sale of an apartment?

A transaction in writing must be concluded by drawing up a document expressing its contents and signed by the person or persons entering into the transaction, or their duly authorized persons.

Bilateral (multilateral) transactions can be carried out in the ways established by paragraphs 2 and 3 of Article 434 of this Code.

The law, other legal acts and agreement of the parties may establish additional requirements that the form of the transaction must comply with (execution on a certain form, sealed, etc.), and provide for the consequences of non-compliance with these requirements. If such consequences are not provided for, the consequences of failure to comply with the simple written form of the transaction are applied (clause 1 of Article 162).

When making transactions, the use of a facsimile reproduction of a signature using mechanical or other copying means, an electronic signature or another analogue of a handwritten signature is permitted in cases and in the manner provided for by law, other legal acts or agreement of the parties.

If a citizen, due to a physical disability, illness or illiteracy, cannot sign with his own hand, then, at his request, another citizen can sign the transaction. The signature of the latter must be certified by a notary or other official who has the right to perform such a notarial act, indicating the reasons why the person making the transaction could not sign it with his own hand.

However, when making transactions specified in paragraph 4 of Article 185.1 of this Code, and powers of attorney for their execution, the signature of the one who signs the transaction can also be certified by the organization where the citizen works, who cannot sign with his own hand, or by the administration of the inpatient medical institution in which he is undergoing treatment.

Additionally, a notarized power of attorney must be given to carry out actions with them specifically regarding registration and discharge to a person who, instead of the patient, will go to the offices with the original passport of the patient and copies of documents (we described in more detail what documents may be required for the discharge).

Registration and discharge stamps are placed only on the original passport . It should be noted that the power of attorney in this case is given not for signing the statements themselves, but for related actions - delivery and receipt of documents, communication of information, etc.

The tenant writes the application for registration and de-registration in his own hand.

In exceptional cases, when a citizen needs to have the original passport with him or it is difficult to deliver (for example, during treatment in another city), the passport office employees may agree to perform urgent actions based on a copy of the passport.

Currently, the ban on notarizing copies of a passport has been lifted, however, private notaries are not required to certify them, and many of them do not dare to do so. It is better to contact a public notary regarding such a service.

Whether this procedure can be extended to other cases of difficulties with personal appearance (for example, during a long business trip) is up to the passport office employees to decide.

In all such situations, they bear a great risk of being caught in fraud and then being held accountable for it.

Of course, the described actions can also be performed using a general power of attorney . But for the principal to issue it in this case is very risky and unjustified.

A power of attorney for extracting from an apartment (sample) can be downloaded here.

Additionally, a notarized power of attorney must be given to carry out actions with them specifically regarding registration and discharge to a person who, instead of the patient, will go to the offices with copies of documents and the original passport of the patient. Registration and discharge stamps are placed only on the original passport.

Grounds and conditions

The need to issue a power of attorney to the legal representative is due to the inability of the interested person to appear at the registration authority independently. Reasons for this may be:

• serious disease;
• being on a long business trip, for example, outside the country.

This list is not exhaustive. An interested person has the right to entrust a legal representative to carry out actions in his own interests, at his personal discretion.

One of the conditions is the presence of a statement from the interested party . He may not appear at the police station on his own, but must file an appeal. Otherwise, your claims may be denied.

Requirements for a power of attorney for extracting

A power of attorney for issuance does not have a special form or content. It is compiled according to general rules. The law requires its written form. It is necessary to have the document certified by a notary. The text of the power of attorney is drawn up by the interested party.

The exception is minors, that is, those who have not reached the age of fourteen and are incompetent. On behalf of these persons, a power of attorney is drawn up by their parents, guardians or adoptive parents.

In appearance, the power of attorney for issuance can be general or simple . In the first case, the range of powers of the legal representative is quite wide. Such a power of attorney will be relevant in cases where it is necessary to perform a large volume of actions, for example, for the purchase and sale of real estate.

A simple document is more suitable for deregistration. Such a power of attorney will only indicate that the legal representative performs actions related to the registration of the interested person. The document must indicate its validity period. If it is absent, then the power of attorney will be valid for a year from the date of its execution.

A power of attorney that does not indicate the date of its execution is invalid.

Instructions for compilation

The power of attorney must contain the following information:

1. The name of the document is “power of attorney”.
2. Place of registration.
3. Information about the principal and legal representative - last name, first name, patronymic, gender, date and place of birth, passport number and series.
4. Terms of reference.
5. Date and signature of the principal.
6. Certification from a notary.

The document must bear the seal of the notary's office.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 302-76-94

Registration cost

The amount of the fee for notarial services of this nature is determined by Article 333.24 of the Tax Code of the Russian Federation and is 200 rubles. An increase in the cost of issuing a power of attorney may be associated with additional services. This is stated in Article 333.25 of the Tax Code of the Russian Federation. For example, when visiting a client’s home, the price will increase by one and a half times.

Who applies and where?

The power of attorney is drawn up by a notary.

Notary specialists know very well how such a document should look correctly.

If it is not possible to use the services of a notary, then you can contact an experienced lawyer .

The paper is certified by a notary.

Do I need to register? No, such actions are not required.

Typically, the validity period of a written authorization is 1 month .

In accordance with Article 333.24 of the Tax Code of the Russian Federation, the state fee for performing notarial acts of this kind is 200 rubles. The price of a notary service consists of the cost of drawing up the document plus the cost of certifying the signature. Notary services cost differently ; this amount ultimately amounts to approximately 2,700 rubles.

How to deregister?

The process of deregistration without personal presence consists of several steps:

1. Preparation and notarization of the power of attorney of the legal representative for extract.
2. Collection of necessary documents. These include the passports of the principal and the legal representative. Permission from guardianship authorities may be required if a minor or incapacitated person is being discharged.
3. Drawing up an application for an extract in Form 6, approved by Order of the Ministry of Internal Affairs of Russia dated December 31, 2021 No. 984. It will need to be certified by a notary.
4. Transfer of documents to the territorial police department. This can be done in person, through the MFC or State Services.
5. Deregistration. If the documents were submitted by a legal representative, the service will be provided within three calendar days, or through the MFC - within three business days.

The extract service is provided free of charge, that is, no fee is charged to the interested person or his legal representative.

Is it possible to be discharged without a passport?

A passport is the most important document of any citizen. This is where registration information is reflected. Therefore, it is not possible to complete registration actions for deregistration without this document.

The same situation applies to situations where the extract is made, for example, under a general power of attorney. It indicates the applicant’s passport details, but registration cannot be carried out without a passport, since it contains a special note indicating that the citizen has been deregistered at this place of residence.

You can be issued without a passport only if the citizen is in prison or if he is missing in action.

How quickly does deregistration occur, can it be accelerated?

If a person intends to be discharged quickly, without waiting several days, it is best for him to send an appeal through the State Services portal. In this case, deregistration will occur on the day the application is received by the Department of Internal Affairs. In this case , it does not matter who sent the petition - the initiator himself or his legal representative . How long does it usually take to deregister and how quickly can you check out of an apartment? Read here.

You can come to the police department and resolve this issue during a conversation, citing valid reasons.

Every day, people all over the country buy and sell apartments, rent and rent out housing, and move from place to place. To streamline these migrations, there is a registration record. We bring to your attention other articles on the topic, from which you will learn how to deregister a child or an unwanted neighbor through the court, how to properly check out of a private house, public housing, or an apartment while living in another city.

What to do after drawing up the document?

Once you have the power of attorney in your hands, the question arises of what to do next. Let's look at all the steps step by step:

1. choose the place where you will go, there are three in total:
   Multifunctional Center;
2. FMS department;
3. housing organizations.
4. Collect the following list of papers:
   statement of the principal;
5. his passport;
6. passport of the authorized person;
7. power of attorney.
8. Provide them to the organization where you decided to apply (first point) , it is advisable to contact the FMS, since it is this service that carries out all the actions, others only collect documents.
9. Wait for registration. The deadlines are different: when applying to the migration service you need to wait three days, when applying to the passport office - six days.
   Attention! The procedure is absolutely free.
10. Receiving a passport. As a result of the procedure, the principal’s passport is issued with a stamp, which indicates the extract.

Is refusal possible, why and what to do in this case?

An extract without personal presence may be refused in cases where the initiator has violated the rules of procedure. For example, the collected package of documents was incomplete, the information was unreliable, or was not properly executed. In such cases, it will be necessary to eliminate the identified deficiencies and contact the police department again.

The law does not prohibit being discharged from housing without personal presence . But you will need to not only issue a power of attorney to the legal representative, but also an application for deregistration in Form 6. The latter document must be certified by a notary.

Useful tips

When resorting to discharge through a representative, the specifics of the procedure should be taken into account.

Some recommendations from lawyers:

1. Be sure to check whether the registrars will accept a power of attorney application? For example, if you are in another city, go to the official website of the Main Department of Migration Affairs of the Ministry of Internal Affairs and find the telephone number of the desired department. Call the number provided and ask about a power of attorney extract. A representative can be engaged only if there are no objections from passport officers.
2. Use a simple power of attorney for discharge. General grants too serious rights to a third party. This, in turn, leads to the risk of transferring power into the hands of fraudsters.
3. There is a way to deregister at your new place of residence. In this case, a power of attorney is actually not needed, since you will have to visit the MIA Directorate in person.

Thus, an extract through a representative is used if it is impossible to deregister on your own. This method requires notarization of documents for extract. Legally significant actions are performed by a trustee. The procedure is considered completed after a stamp is affixed to the principal’s passport.