Power of attorney for extracting from an apartment in Russia in 2021

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It is not always possible for a registered person to personally visit the MFC (My Documents) branch or the passport office in order to check out of the apartment. In similar situations, it is customary to act through representatives to whom a power of attorney is issued. However, in the case of deregistration, problems arise with this. How you can check out of housing without personal presence - read this article.

Grounds for expulsion from the apartment

In Art. 7 states that deregistration of citizens is carried out upon their application in writing or in the form of an electronic document on registration at a new place of residence.

Reasons that may serve as grounds for deregistration from an apartment without indicating a new registration address primarily include:

change of owner of an apartment upon sale, gift, inheritance;
expiration of the tenancy agreement;
relocation of the tenant abroad.

Such citizens change their place of residence, but do not always have the opportunity to immediately register at a new address.

Find out more about how to legally leave a residential premises.

Deregistration without personal presence

Art. 6 of the Law of the Russian Federation of June 25, 1993 No. 5242-I and do not contain requirements for the mandatory presence of a citizen when submitting documents for registration or deregistration. An appeal by a representative is possible on the basis of a notarized power of attorney, as follows from Art. 185 (Civil Code of the Russian Federation).

To the question of whether it is possible to discharge a person from an apartment without his presence by proxy, there is no clear negative answer in the legislation. Registration is only of a notification nature, and passport offices use it to record the will of a citizen when choosing a place of residence.

Registration records cannot be of a permissive nature and somehow limit the rights of a citizen.

But even if there are these justifications, the possibility of deregistering a tenant using a notarized power of attorney is controversial, and the norms of the Laws of the Russian Federation have different interpretations.

Some divisions of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation proceed from the fact that the right to choose a place of residence belongs to a person from birth, and, in accordance with Part 2 of Art. 17 and art. 150 of the Civil Code of the Russian Federation, is inalienable. It is subject to legal regulation, taking into account the fact that transfer of trust may lead to a violation of the rights and freedoms of others.

Thus, when faced with the need to deregister a person and register him by power of attorney, you should check with your passport office about the possibility of performing this action.

Deregister or deregister – what’s the difference?

First you need to define the concepts. Extract and deregistration, like registration with registration, are the same concepts. At the moment, the terms “extract” and “propiska” are not used in legislation; they are replaced by “registration” and “deregistration”. However, this does not change the essence of the issue. Here and further in the text, all types of terms will be used, since they are identical to each other and mean the same actions.

Example: You can say “You need to check out of your apartment” or “You need to deregister at your place of residence.” The action will be the same, it’s just that the second version of the wording more accurately corresponds to the current legislation. When communicating with persons responsible for registration or deregistration, it is better to use the terms “registration” or “deregistration.” Otherwise, there are no restrictions.

Rules for issuing a power of attorney

Every adult citizen has the right to issue powers of attorney to transfer powers to carry out transactions, including to check out of an apartment. It should be noted that in this case, only the execution of actions related to the delivery and receipt of documents is trusted, and not the signature of such.

The exception is cases when a power of attorney for deregistration at the place of residence is issued for a sick person or a person with physical disabilities who cannot sign himself. In this situation, another person signs instead.

In accordance with Art. 160 of the Civil Code of the Russian Federation, this must be certified by a notary indicating the reasons why the principal is not able to sign in his own hand.

A power of attorney is a personal document that requires complete and accurate information. A sample power of attorney for an extract in 2021 contains information about the principal and the attorney, as well as clearly defined powers of the latter: what actions he can perform, in which institutions he has the right to represent the interests of a citizen, and so on.

A mandatory requirement is to indicate the validity period of the power of attorney.

In accordance with Art. 43, when issuing a power of attorney, the notary checks the legal capacity of citizens and explains the rights, obligations and consequences of the actions taken so that legal ignorance cannot be used to harm.

You can determine which type of document is best to draw up in order to write it out under a notarized power of attorney directly at the notary’s office.

Documents for obtaining a power of attorney

All notarial actions, including the execution of a power of attorney, are performed on the basis of Chapter IX of the Law of the Russian Federation of February 11, 1993 No. 4461-1. This rule states that passports are provided to the principal and attorney to establish the identity.

Other documents are not needed, because the notary does not certify the legality and truthfulness of the content, but only confirms that the signature was put by the indicated citizens.

The contents of the power of attorney are read aloud to the participants, after which the parties sign the document in the presence of a notary.

The issued power of attorney is registered in the register, so you can check its validity using the online service.

Where can I issue a power of attorney?

A power of attorney to deregister a citizen can be issued by any notary in Russia, regardless of the location of the apartment and the location of the principal or attorney.

Some restrictions are established by law, according to which the powers delegated cannot be certified:

notaries, their spouses and relatives;
on behalf of notaries, their spouses and relatives.

An electronic document created by a notary has the same force as a paper document. A power of attorney certified by an electronic signature can be transferred in a matter of minutes. This not only saves time, but also reduces the risk of loss when transferring a power of attorney by courier or mail.

Suppose a citizen draws up authorization for deregistration in the Tyumen region, and the apartment is located in the Krasnodar region and the attorney lives there. In this case, an electronic copy of the document is sent to any notary of the Krasnodar Territory, he converts it into paper form, certifies its equivalence and issues it to the representative.

Cost of registration and duration of the power of attorney

The validity period of the power of attorney is determined by the principal: 24 hours, a month, a year, 3 years or indefinitely. It all depends on the extent of the powers vested in the attorney, as well as the relationship between them.

In cases where the execution of the extract is entrusted to an outsider, it is better to limit yourself to a one-time power of attorney indicating the minimum period.

If a close relative is deregistered, the document can be issued for a time that suits both of them to complete the specified actions.

By limiting the term, the guarantor will avoid unforeseen difficulties in the future.

If a power of attorney is issued without an expiration date, it is considered to be valid for 1 year from the date of execution.

Notary fees for certification of powers of attorney are regulated by Art. 333.24 of the Tax Code of the Russian Federation.

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.

Legal aspects of a power of attorney statement

In addition to the power of attorney, in order to register without personal presence, you need to give the attorney a notarized application for deregistration and the principal’s passport.

The general order of discharge is as follows:

A representative contacts the passport office or MFC with a set of documents.
Show up in a few days to receive a departure slip and a passport with a deregistration stamp.

After a citizen has received a passport with an extract stamp, the power of attorney can be revoked at any notary.

Regardless of the validity period of the document, after entering information into the appropriate register, the power of attorney is considered revoked. No one else will be able to use it, which will protect the principal from fraudulent activities.

Litigation

There are many cases in judicial practice confirming the error of the step taken. There are often situations when people really were left in an unenviable position and then could not prove that they were the true owners of their apartments. This is a very unfortunate experience from which no one is really immune.

Of course, the passport office employees, even seeing an application for temporary residence, want to protect themselves as much as possible from unnecessary complications, since in the event of an unfavorable development of events, problems may arise for them too. Nobody wants to be involved in litigation. For their part, they are trying to tell people about the possible negative consequences in the most accessible way possible. This is why so many doubts settle in people's heads.

Concerns of passport officers when deregistering by proxy

A power of attorney greatly simplifies the deregistration procedure not only for citizens in case of emergency employment, illness and other difficult situations, but also for fraudsters. That is why the passport office employees treat such a document with caution.

The danger lies not in the power of attorney itself, but in the possible deception, use of threats or violence to obtain it. In other words, the employee cannot be sure that deregistration at the place of residence by proxy is carried out in good faith, because the presence of the paper only indicates formal compliance with the law.

The imagination of fraudsters is limitless and there are many ways to obtain a document, ranging from harmless to criminal. In addition, there are also unscrupulous notaries who will certify a power of attorney, even guessing about the true motives of the attorney.

It is not surprising that when checking out of an apartment without personal presence, forms, document registration, and signatures are carefully checked.

Possible problems

What to do if a power of attorney is refused? If everything is in order with all the documents and the problem lies only in the fact that the employee of the MFC (My Documents) or passport office does not want to take on such responsibility, then the first step is to contact the immediate superiors in the same department. Often this is more than enough.

If it doesn’t help, you can turn to higher authorities for help (for example, the head office of the MFC in the city, and so on). As a last resort, if no options help and everything is really in order with the documents, then you can go to court. Yes, there are no instructions in the law on how to sign up by power of attorney.

But, on the other hand, there are no prohibitions on such actions. As a result, the court will be forced to satisfy the claim. The court decision, in such a situation, will need to be attached to the application and other documents the next time you try to remove the principal from registration.

It can be very difficult to check out of an apartment by power of attorney without the help of a competent lawyer. At a free consultation, experienced specialists will tell you what to consider when deregistering. Qualified lawyers can also act as client representatives, including resolving controversial issues through the courts.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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Risks associated with the execution of a general power of attorney

There is no separate type of power of attorney for deregistration, so a citizen can draw up a document in one of the following forms:

one-time power of attorney - to perform one action: submitting an application to the passport office or MFC and receiving a document with a stamp;
special power of attorney - issued to perform many similar actions, for example, performing the procedure for checking out of an apartment and subsequent registration;
general power of attorney – gives the right to manage and dispose of the principal’s property: to submit, donate, and so on.

To register a person under a general power of attorney and sell an apartment, a fraudster does not need to come up with complex deception schemes or forge passports or documents. All this can be obtained quickly and legally by a trusted person.

A general power of attorney gives the right to dispose of property at its own discretion, without notifying the owner. The owner can only find out about the sale of his apartment when they come to evict him.

In order to protect yourself, it is advisable to avoid issuing a general power of attorney, and in the document to limit the rights/responsibilities of the attorney and the timing of their implementation.

Probability of deception

The fear of error is always present. There are many cases when people are really left with nothing and subsequently cannot prove their case in court. They simply, due to certain circumstances, abandoned their own rights, and this is very sad.

Unfortunately, not all people are distinguished by sufficient patience and conscientiousness. There is a possibility of deception when a person who is interested in appropriating the rights of others acts as a trustee. The possibility of deception in itself is alarming and forces you to double-check the same data many times. The fear of error is caused by the reluctance to get additional problems, to become emotionally involved in resolving a complex conflict situation.

Extract from the apartment by power of attorney per day

Sometimes, in order to deregister without personal presence, you have to issue a power of attorney to a stranger. This need arises for single people or due to the employment of relatives who could handle the discharge.

In such cases, a power of attorney must be issued for a minimum period of 1 day, and the procedure must be performed as follows:

Log in to the site.
Select the type of service received – electronic service.
Fill out the application electronically.
Using your Personal Account, send an application to the required department of the Main Department of Migration Affairs of the Ministry of Internal Affairs.
Wait for notification of the time and date of your visit to the passport office.

Having received a notice of appearance, you can issue a power of attorney specifically for the specified date, and in it specify the powers: submission of documents and receipt of a passport with a mark of deregistration.