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

Home / Eviction / Let’s find out whether it is possible to evict a person by power of attorney without his presence?

The need to discharge a person from an apartment arises for various reasons and sometimes at a time when his personal presence at the migration service is impossible. The legislation provides for such cases and allows deregistration without a personal visit to the Federal Migration Service (FMS) by the person being deregistered. Some rules and conditions of the procedure must be followed.

General grounds for eviction from an apartment

Employees of the territorial bodies of the Federal Migration Service require the personal presence of the person being discharged. The reason is the established procedure, in accordance with which it is necessary (including) to ensure that a person is deprived of the right to reside voluntarily. There are widespread schemes by criminals through which citizens are deprived of their housing rights without knowing it. Precautionary measures taken by the FMS are aimed, among other things, at preventing such crimes.

However, an extract may be needed at the most inopportune moment, when the person is far away (abroad, in another region of the country), and his appearance in the coming months (and years) is not expected. Reasons for deregistration may be :

• Transactions on alienation of residential real estate;
• Moving to a new place of residence;
• Stay in another region for more than 90 days;
• Forced eviction.

Housing alienation transactions include:

• Sale;
• Donation;
• Inheritance;
• Deprivatization.

When buying and selling, it is recommended to deregister all persons registered in the apartment (house, hostel). Otherwise, the market value of housing decreases. In the case of a gift or inheritance, the former owner may not be involved in registering all persons, but this will become a problem for the new owner.

The deprivatization procedure stipulates that all persons who were registered in housing must be discharged. After the property is transferred to municipal ownership, they can again join it, but as tenants.

Staying outside your place of registration for more than 90 days will result in administrative liability. The fine is imposed both on the culprit and on the persons (individuals and legal entities) who provided him with housing.

A long stay in another region requires temporary or permanent registration. To register in a particular living space, you need to check out of the previous one.

Is it possible to write out without being present?

If a person agrees to eviction, this can be done without his direct participation. In other cases, we are talking about forced deregistration, usually through the court .

Deregistration is permitted forcibly without permission or notification of the person, if such a procedure is provided for by the concluded agreement on the basis of which the settlement in the apartment, house or hostel was carried out.

Some points of forced deregistration:

1. Does not apply to owners and close relatives.
2. Children under 18 years of age are deregistered only by their legal representatives.

Even in these cases there are exceptions. For example, the owner may be forcibly deregistered if he goes through insolvency proceedings. But more often than not, he himself is interested in completing the bankruptcy process; sabotaging this procedure with his reluctance to discharge will result in financial losses for him.

In other cases, when deregistration is required and the person’s personal presence is impossible, this is done by proxy. A document drawn up in accordance with all the requirements allows you to complete the procedure without a designated person.

Let's learn about the rules for issuing a notice of eviction from an apartment by reading a special article prepared by the editors of our website.

How to do it: algorithm

The whole process looks like this:

1. A power of attorney is issued.
2. All necessary documents are collected.
3. If there are several apartment owners, their consent is obtained.
4. The address and schedule of reception of persons at the Federal Migration Service at the location of the housing from which the citizen is being discharged is specified.
5. Visit the passport office, submit an application and accompanying documents.

The procedure ends with putting the appropriate mark in the passport. Usually there are no difficulties.

Incorrect behavior, suspicious appearance and behavior - all this can alert the passport officer. The result is that it will require the personal presence of the person being written out.

Therefore, it is recommended to play it safe, limit your consumption of alcoholic beverages, and behave decently. Ignoring this advice can lead to trouble, loss of time and money.

Other options

It is not at all necessary to register in advance; the law does not require this. The following option is possible :

1. Arrive at a new place.
2. Decide on housing, obtain permission to register in it.
3. Contact the local territorial body of the Federal Migration Service with an application for registration.

Based on the person’s application, the passport officer registers him at the new place of registration and automatically cancels the previous registration. Technically, a citizen is discharged without his presence.

Another option is through the official website of the State Services . The algorithm is as follows:

1. Register and identify yourself using your phone number and email address.
2. Take digital photographs of your passport, identification code, SNILS, military ID, driver's license.
3. Upload these pictures for verification.
4. Prepare the documents that will be described below.
5. After verification, select a registration service at your place of residence.
6. Upload the prepared documents and send them.
7. A message will be sent to the address specified during registration, which will confirm the receipt of documents, indicate the date of admission to the FMS and the address of its territorial body where you need to appear.

This method is identical to the previous options. The difference is that there is no need to wait in lines when visiting the passport office.

Where to submit a power of attorney. Prices for services

Before you start preparing a power of attorney to deregister an absent person, you need to find out whether the operation to deregister a citizen without him or her is being formalized by local authorities. Only after a positive answer can you prepare documents to write a person out without his presence using a previously prepared power of attorney. Actions for deregistration are carried out by employees of the Federal Migration Service; other authorities (housing offices) bear an auxiliary burden in the form of receiving documents from citizens and issuing finished results. By contacting the migration registration service, a representative can significantly simplify the procedure. To do this, he must submit the following documents to the service:

• application and passport of the person being discharged;

• document on the transfer of powers (power of attorney), duly executed;

• passport of the authorized person.

Typically, documentation is completed within three days, except in cases where the applicant first contacted the Housing Office. With this development of events, the procedure may drag on for a week. The financial costs of deregistering a person from an apartment consist of the amount of the state fee and the assessment of the services of a specialist (notary). Payment to the state for such transactions is set at 200 rubles. (Article 333.24 of the Tax Code of the Russian Federation). The cost of a lawyer’s services consists of the price of drawing up the paper and the price of certifying the signature. Prices for such services vary in different notary offices, but the average fee for services is approximately 2,700 rubles.

Required documents

The main document is a power of attorney . It is drawn up by a notary; without fulfilling this requirement, it is considered invalid. In addition to this, the following are submitted to the passport office:

1. Passports of the person submitting the application and the principal.
2. Copies of title documents for real estate, if the application is submitted by the owner.
3. Written consent for the release of the remaining owners (not users!) of the property.

The principal's passport is required in the original. This is where the discharge marks will be placed. Legal documents include :

• Deed of gift;
• Contract of sale;
• Will.

If the apartment is state-owned, a social tenancy agreement must be submitted. Additionally, you will need SNILS and identification code.

General power of attorney

When issuing permission to represent the interests of a person upon deregistration, the document must provide instructions for precisely this action. If a general power of attorney is issued, then the person who receives this document can dispose of the apartment at his own discretion :

• Register other persons;
• Register the property in your name;
• Conclude a transaction for its alienation to third parties.

This is taken advantage of by unscrupulous “relatives” and scammers who act under the guise of lawyers helping citizens in matters of registering real estate and residents. There are different pretexts for obtaining a general power of attorney: why draw up documents several times, other actions will be needed, where additional powers of attorney are required, etc.

The more specific the permit is, the lower the risk of losing real estate. It is recommended to draw up and formalize it with a notary, listen to his recommendations, and consult on the current situation.

Sample power of attorney to submit documents to the Federal Migration Service

OKPO 13169003. OKVED 24.41
Power of attorney N 012/11

City of St. Petersburg, tenth of May two thousand and eleven.

Head of the Personnel Department Sobolev Larisa Vasilievna, passport series 41 02 N 309171, issued on January 26, 2004 by the Department of Internal Affairs "University" of St. Petersburg, registered at the address: 170280, St. Petersburg, st. Samokatnaya, 8, bldg. 1, apt. 74,

— represent the interests of the Principal in the OIC of the Federal Migration Service of Russia for St. Petersburg and the Leningrad Region on issues related to verifying compliance with the established procedure for attracting and using foreign labor in St. Petersburg;

— including the right to sign applications, explanations, protocols, other necessary documents, submit applications and other documents, receive acts, protocols, decisions and other documents, copies of documents, as well as carry out other actions related to the execution of this instruction.

The power of attorney was issued without the right of substitution.

The validity period of this power of attorney is three months from the date of its issue.

Soboleva Sample signature ——— Soboleva L.V. I certify. Barinov General Director ——- A.M. Barinov Print LLC "Francois Damour"

» Assignment and delegation

Federal Migration Service of Moscow

Power of attorney

I, General Director of KVON LLC Andrey Vladimirovich Golovenkov, with this power of attorney, authorize Elena Nikolaevna Rubleva (passport 4609 N 292355 Department of Internal Affairs of Moscow, 03.12.2004) to be my representative in the Federal Migration Service of Moscow on the issue of issuing permits for foreign citizens in the amount of 5 people the list below and obtaining ready-made permits, as well as submitting notifications and medical documents for them.

And also receive the requested information. _ passport of a citizen of the Russian Federation: _ issued by _ department of the Federal Migration Service of Russia for _ region. And also to receive the requested information - submit a request on my behalf to the state unitary enterprise of technical inventory of the Murmansk region to receive information about the lack of ownership of an apartment and private home ownership in Murmansk and the Murmansk region for a citizen: _r.

, , , ,

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Form of Power of Attorney for Submitting Documents to the Federal Migration Service. Power of attorney to represent interests at the Federal Migration Service on the issue of obtaining a work permit for foreign citizens, sample filling out Personnel. Power of attorney for filing receipt of LLC documents sample. The Federal Migration Service in St. Petersburg and the Leningrad Region employs 2,100 people, and 600 should be laid off.

When submitting an application and other documents for a new passport, another photograph will be taken using special equipment. Since 2002, we have been helping to obtain legal work permits for foreigners in Moscow, using sample documents from the Federal Migration Service. You won’t indicate in the power of attorney that he is not your employee?

ZAGRANPASPORT. Sample Power of Attorney for surrender. I, the General Director of the LLC, submit documents for the above-listed foreign citizens. You employ foreign citizens who have received an individual plastic Permit card. It is mandatory that the power of attorney to receive a document contains information about the principal and the authorized person.

A completed application form for the issuance of an old-style foreign passport in two copies. Samples of the power of attorney can be obtained from the Federal Migration Service. Sample power of attorney for submitting electronic reporting. Federal Migration Service of Russia for the Moscow region, living at the address Moscow, Andreevskaya street, building 13. Sample power of attorney for the right to provide documents on a work permit to the FMS mail ru operating instructions for a car Hino Ranger engine N07D Power of attorney for representation of interests c. The sample power of attorney for the tax authority has been checked for relevance.

A NEW sample is photographed directly at the Federal Migration Service; it is not necessary if the child is at the time of delivery.

"15" May 2009

Federal Migration Service

Moscow

Power of attorney

┌───┬───────────────────────────┬──────── ────┬──── ────────────┬───────────┐ │ N │ Full name │ Date │ Passport │ Country │ │p/p│ │ birth │ │ │ ├───┼─────────────────── ───────┼ ────────────┼────────────────┼─────────── ┤ │ 1 │Abdivaitov Abdulhai │ 27.09. 1973 │TN 238582 │Tajikistan│ │ │Khalilovich │ │ │ │ ├───┼───────────────── ──────────┼─── 2 │Aliboev Otabek Akbaralievich│ 16.07.

1987 AN 388556 Tajikistan ─┼────────── 07. 08.1989 │AN 3325686 │Kyrgyzstan │ │ │Imomalievich │ │ │ │ ├───┼───────────────────────────┼── ──────────┼ ────────────────┼───────────┤ │ 4 │Nurmatov Menikul Khovilovich │ 02.07.

I, the General Director of KVON LLC, trust Elena Nikolaevna Rubleva, an employee of our organization, to submit and receive documents for the above-mentioned foreign citizens.

I certify the signature of the authorized representative ____________________.

General Director Golovenkov A.V.

Organization seal

Notification of hiring a foreign citizen is a specialized form that the employer is required to send to the Ministry of Internal Affairs when employing foreigners in his company. There are significant fines for violating deadlines. In addition, officials updated the forms. We will tell you when and how to report in our article.

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Despite numerous reports and articles in the media, many employers still believe that hiring a foreigner is a simple matter. No, this procedure involves significant differences. So, you will have to fill out numerous forms so as not to run into penalties from the Ministry of Internal Affairs and the Labor Inspectorate.

So, let’s identify the most problematic situations, study them and avoid mistakes:

1. Remember that illegal employment of a foreign citizen threatens more significant troubles than errors in registration. Don't rely on chance.
2. The procedure for registering a foreign worker depends on his status. There are several categories: citizens of the EAEU, refugees or those who have received asylum in Russia, permanent residents (having a residence permit), temporary residents (received a temporary permit), temporary residents (working on a visa or issued a migration card), highly qualified foreign specialists.
3. Not everyone can be hired. Thus, a foreign citizen (except for representatives of the EAEU countries) can find employment legally if he has an official work permit (issued to visa-free foreigners) or has a special labor patent (refugees or visa-free citizens).

We invite you to familiarize yourself with: Notice of job reduction (sample)
In addition, the majority believes that the FMS should accept the notification form for hiring a foreign citizen 2021. This is the most common misconception.

After all, such a document must be sent to the authorities of the Ministry of Internal Affairs (MVD), but the Federal Migration Service no longer exists.

But now there is no need to notify the Federal Tax Service about the employment of foreign citizens; legislators abolished this requirement back in 2015.

Please note that the Foreign Citizen Recruitment Notification Form 2021 has been updated. Let's look at what format is in effect this year and how to fill it out correctly.

Any employer who provides a job to a foreigner must follow an exceptional procedure for registering it. Please note that we are talking not only about labor relations, but also civil ones. So, for example, you will have to notify government authorities not only when signing an employment contract with a foreigner, but also when concluding a civil law agreement.

It is necessary to prepare and submit a sample of filling out the notice of admission of a foreign citizen 2021 as soon as possible. The employer is given only three working days to do everything.

You must submit information to the same migration service. However, you should know that the well-known FMS no longer exists.

Prepare a sample notification (FMS) about hiring a foreign citizen 2021 separately for each employee. Information may not be combined or grouped under any circumstances.

If the deadlines for providing information are violated, for example, submitting information after three working days, then the employer will face penalties. Thus, Article 18.15 of the Code of Administrative Offenses establishes the following fines:

• for individuals - from 5,000 to 7,000 rubles;
• for responsible employees of the organization - from 35,000 to 70,000 rubles;
• for a legal entity or individual entrepreneur - from 400,000 to one million rubles.

Also, an organization or individual entrepreneur can be punished in another way - by suspending administrative activities for 14 to 90 days.

If the template for filling out the notification form for accepting a foreign citizen contains errors, then the employer will face similar penalties. This is why it is so important to prepare the document correctly.

The first and most common mistake among Russian companies is the use of outdated and irrelevant forms. Let us remind you that officials updated the notification format back in 2021. Use only new forms (Appendix No. 13 to Order No. 11 of the Ministry of Internal Affairs of Russia dated January 10, 2018).

Deadlines

Voluntary discharge from residential premises takes:

• When submitting an application at your place of registration – 3-5 days;
• When applying to the Federal Migration Service at your location – 2-3 months.

The difference in terms is explained by the fact that for a citizen who applies to the passport office at a place other than his place of registration, there is no information available on site; FMS employees are forced to request it at the place of registration. They prepare and send a written request. The following must be responded to:

1. Check information.
2. Make extracts and copies.
3. Send a response to the request.

Upon receipt of the message, you may need some clarification. These procedures take several months . It is for this reason that it is simpler :

1. Draw up a power of attorney.
2. Send it along with your passport to a relative at your place of registration.
3. The authorized representative will deregister and send the passport to the principal within 3-5 days.

The entire procedure will take a working week and time to send documents by mail - this is 2-3 weeks.

Power of attorney to represent interests at the Federal Migration Service

In Russia, children become partially legally capable at the age of 6 (Article 28 of the Civil Code of the Russian Federation). From this age, the child has the right to carry out small household transactions. However, more serious issues relating to large purchases, disposal of real estate, interaction with government agencies, as well as situations requiring decisions regarding health, are resolved only by the parents, guardians or legal representatives of the minor.

From the age of 14, partial legal capacity extends to a wider range of operations (Article 26 of the Civil Code of the Russian Federation). Now a teenager has the right to independently manage his earnings, scholarships, and other income, enter into copyrights, sell them, open a bank account, and from the age of 16 become a member of a consumer cooperative. In other situations, parents will have to make a power of attorney to represent the interests of the minor.

Full legal capacity occurs only at the age of 18 (Article 21 of the Civil Code of the Russian Federation). If a minor gets married and opens his own company, emancipation occurs. From this moment on, the teenager is considered fully capable. Now he himself has the right to issue a power of attorney to carry out transactions on his own behalf.

• The name of the document without numbering (in the organization’s journal during registration, they are numbered consecutively).
• On the left side is the city of signing, on the right is the date of this operation.
• The full name of the legal entity with its details: OGRN, INN, KPP (if it is an individual entrepreneur, the details will be different, in addition, a notary mark will be required).
• Address of the legal entity.
• Full name of the head of the organization as his representative.
• On the basis of which document does the manager act?
• Full name and passport details of the person for whom the power of attorney is issued. If possible, the position of the employee of the organization is indicated.
• In which particular Federal Migration Service (which city) will the authorized representative carry out transactions. A power of attorney can be issued for a representative office in all Federal Migration Service departments in the country, but this is risky, since the employee may exceed his authority.
• 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).

According to existing legislation, a representative of an organization can be its immediate manager. But this person, as a rule, has more important things to do than stand in line at the Federal Migration Service to submit an application or receive ready-made documents for foreign citizens who will work in the organization.

To cancel a power of attorney to the migration service from a legal entity, it is enough to draw up an application in the same form and familiarize it with the attorney and interested third parties. If the document was certified by a notary, the statement canceling it must also be certified.

We suggest you read: Withholding alimony from pensions - what types of pensions are taken from, do pensioners pay child support

The power of attorney to submit a notification to the FMS terminates automatically upon expiration of the period specified in it or the law, the death of the principal or representative, the termination of the legal entity, or the recognition of one of the counterparties as incapacitated or bankrupt.

Often used with this pattern:

Popular documents and procedures:

Case practice

A Russian citizen lived for several years on a work visa in Germany and received a residence permit in this country. At home, he still owned half an apartment, the other half belonged to his parents. His desire is to check out of this home and renounce the right to own it in favor of his father and mother. At the same time, he did not have the opportunity to come to the country .

On the recommendation of lawyers, he drew up a statement, which he certified at the Russian consulate in Germany, and sent it to the passport office at the place of registration. To transfer ownership rights to his parents, he sent them a general power of attorney, on the basis of which they alienated the living space.