What is it regulated by?
Registration actions carried out on the basis of a power of attorney are regulated by law. First of all, these are regulations:
- One of the most basic is law number 5242-1 of June 25, 1993, which regulates the movement of citizens within the country. It also talks about registration, both temporary and permanent, as well as registration under the terms of a power of attorney.
- You can learn about the concept of “power of attorney” from the Civil Code of the Russian Federation, where in Article 185 you can obtain information of interest on this issue.
- Instructions created for passport office employees and then approved by the Decree of the Government of the Russian Federation. It clearly states that a power of attorney is equal to the personal presence of a citizen during the registration procedure.
How is it compiled correctly?
Depending on the reason and location of the absent person, a power of attorney from the owner for registration can be issued in different ways.
It is important to know that in this case the power of attorney should not be general, but special, that is, targeted, drawn up specifically for registration at the next permanent address.
In what form should it be formatted?
The power of attorney must be in written form only , regardless of whether it is handwritten or printed. If the author of the document is in a hospital or sanatorium, then it is quite acceptable that the paper will be handwritten.
What points does it consist of?
The document must contain the following information:
- the point where the transfer of rights occurs, the date;
- Full name (with transcript) of the principal, address of residence, passport details;
- the same data regarding the authorized person;
- scope of powers;
- validity;
- signature of the principal.
All data must be entered accurately, without errors or distortions. Particular attention should be paid to the list of powers transferred to the legal representative; it would not be superfluous to list all operations, including obtaining the principal’s passport after completing the registration procedure.
It is unacceptable to omit and not indicate the date of the transaction for the transfer of rights: in paragraph 2 of Art. 186 of the Civil Code of the Russian Federation states that in this case the document will be invalid.
Who is involved in the writing?
The power of attorney can be issued:
- personally by the principal;
- secretary of a medical, sanatorium, educational, military or other institution;
- by the notary himself.
In small localities, such a document is drawn up by employees of the local executive authority.
Which person is it certified by?
The following may certify a document on the delegation of powers:
- the head of the institution where the person is being treated, studying, serving, serving a sentence, or is on a business trip;
- representative of the local administration;
- notary.
The one who certifies the authenticity of the signature of a citizen who needs registration without his presence is obliged to sign with his full name and indicate his position and put a stamp.
Kinds
There are three forms of this document that you should know before going to the notary's office . It happens:
- one-time;
- general;
- special.
In order to carry out the registration process without the personal presence of the apartment owner, you should draw up a one-time power of attorney. It is enough to perform one action - registering a citizen at the place of residence.
Other types of powers of attorney are not suitable, since a general one is intended for the commission of various actions by the citizen who compiled it. A special document is one in which the authorized person has permission to perform the same actions performed with a certain frequency.
Registration without owner
The absence of an owner, due to the presence of fraudulent registration schemes, immediately arouses mistrust among service workers. Therefore, despite the presence of written authority to carry out the procedure without the owner of the home, they may also require his notarized consent.
In practice, this means that you need to take an application form in Form No. 6 from the passport officer or online sources in advance , get the owner’s signature on it and have it certified by a notary.
Since a notary does not perform such procedures in absentia, it is better to call a specialist to the house of a sick person who owns an apartment, and at the same time issue a power of attorney. The owner's relatives have a better chance of getting a positive response than a complete stranger. The original passport of the apartment owner is required.
Registration requirements
In what form is a power of attorney drawn up to carry out the registration procedure: printed or in writing? A power of attorney to carry out the registration procedure is written on a special notary form, where, in addition to the main conditions and responsibilities relating to the power of attorney, the signatures of the notary and the person initiating the power of attorney are affixed. Both options are acceptable, both written and printed, but the second is preferable.
The main part of the document is a list of obligations and rights for the principal, which he will have for a certain period, that is, until the process of registering a citizen at the specified address is completed. The credentials are checked and signed by a specialist at the notary office.
Important! If the power of attorney does not specify a validity period, then by law it is valid for one calendar year.
Registration without registration
If the person being registered is unable to pay a visit to the authorities for registering the movement of citizens, or is absent, then the written empowerment of another person can help register in the apartment without him. Please note that the paper is valid for 1 month.
The legal representative must go to the one-stop window with his passport and power of attorney, as well as other papers required when registering for an apartment. If he has been given the right to sign papers, then he writes the application in Form No. 6 himself, putting his own signature.
Otherwise, the personal signature of the registering citizen will be required to be certified by a notary.
Next , the procedure proceeds as usual: information about the person moving in will be checked, and after verification the papers will be sent to the head of the unit for consideration and a decision . Having received approval in the form of a positive decision, the employee will complete the registration and inform the legal representative by contact phone number that he can receive the finished result - a passport with a stamp.
From individual publications of our experts, you can also learn about the specifics of registering children and foreign citizens, as well as what the amount of state duty is provided for registration.
Paper preparation procedure
There are certain drafting and certification steps. If executed correctly, this document will have legal force.
Place
You can draw up a power of attorney in the form of a draft yourself, and then take the drafts to a notary, but this option does not exclude errors in the text. Therefore, in order to avoid wasting time, you need to contact a notary so that he or his assistant draw up a document and explain all the nuances of interest.
Documentation
The preparation procedure requires the availability of the following documents:
- passport of the person applying, that is, the owner;
- passport from a trusted citizen;
- title paper for residential space;
- an application written by the owner to provide a power of attorney for registration;
- If a man is registered, then a military ID is required.
The document verification process is carried out by a notary.
Registration
Certification is carried out by the head of the notary office, using a personal seal, as well as a signature. Only after this the power of attorney is considered legal.
It is important to remember that the power of attorney is drawn up on a special form with a unique number, which will later be entered into a special register by the specialist of the notary office who certified it.
Cost and amount of state duty
The cost of notary services will depend on the region of residence of the person using the power of attorney.
In Moscow and its regions it ranges from one and a half to two thousand rubles. There is no state fee for carrying out such a service, so you should only pay for the work done by the notary.
Registration in an apartment or house by court decision
There are some situations that lead to registration of registration by court decision.
Basically, in this matter, going to court occurs if one of the owners disagrees with the registration of a person. Having property gives a citizen the right to dispose of his apartment or house at his own discretion. But in cases with registration, the consent of all owners is required.
In some cases, such consent may not be forthcoming. As an example, we can cite divorced spouses, one of whom wants to register his relative or friend in his living space. The second spouse does not give consent. Then an appeal to the court is required.
To go to court, you need to prepare the following documents:
- a statement of claim drawn up in a form indicating the reason for applying to the justice authorities;
- notification of filing a claim in court to the owner or owners who do not give consent to registration;
- passports of the owner and the registered person;
- an extract on the deregistration of the registered person from the previous place of registration;
- documents confirming ownership rights to an apartment or house;
- photocopies of your passport and all documents for the apartment;
- receipt of payment of state duty;
- a sheet containing a list of documents submitted to the court;
Often such claims end in a positive decision in favor of the plaintiff. The defendant has the right to file a counterclaim or appeal, where he can describe the reason for his disagreement.
After a court decision has been made, the owner and the citizen being registered can submit registration documents to the passport office, presenting a court order instead of just consent and an application.
A person registered in an apartment or house can register his minor child without the consent of other registered citizens or owners.
Nuances
If the registered person cannot be at the registration process at the appointed time, then this citizen, like the owner of the apartment, can draw up a power of attorney for registration.
When registering, the presence of the owner is a prerequisite. If he cannot take part in the drafting and visiting the notary, then the document cannot be executed.
It is important to list the list of powers of the trustee, since without such a listing the fact of the power of attorney loses its meaning.
If FMS employees still refuse
In case of categorical refusal, you can try one of the options:
- get an appointment with the head of the MFC or FMS, explain the situation and ask for an exception;
- wait until circumstances change and the person can personally take part in accounting measures - in this case, you can get into trouble by paying a fine for late payment if you cannot prove the objectivity of the reasons (what fines are provided for lack of registration and its delay, we described in this material );
- register temporarily by submitting papers through the government services portal. For the finished result, you can already send a legal representative with a power of attorney for this very action (the website describes the possibility of such a course of events);
- try to call a FMS employee to the home of a bedridden patient, who will personally receive the passport of the person prescribed and his application with the original signature.
If you want to comply with the law regarding notification of a change of residence, you can find a way out that does not contradict the requirements of legislative acts.
Migration service employees are constantly faced with different life circumstances and will be able to tell you how best to proceed in a given case.
Permanent registration and owner
Some problems may arise if a person needs to register a new tenant without his personal participation on an ongoing basis. Such an operation takes place in practice. But how legal is it?
Fully. How to register in an apartment with the owner without his presence? The legislation of the Russian Federation does not provide any special instructions in this regard. According to the law, registration of the population must be carried out with the consent of the owner of the property and in his presence. But there are exceptions.
The only real way to bring your idea to life is to issue a power of attorney from a notary to carry out the operation. An authorized representative will represent the interests of the homeowner and assist in registering a new tenant.
Can registration be completed without the personal participation of the homeowner?
This issue is very relevant, since permission to register in this manner would solve many problems. The difficulty is that such issues are not regulated in any way by law. According to the current procedure, the owner's permission is absolutely required, but there are exceptions.
To register a person without the participation of the owner of the property, it is enough to submit a power of attorney on behalf of the owner. However, employees of the registration authority may refuse due to the unfoundedness of providing a trust document.
Guarantees and risks
But it is impossible to say with certainty that such a situation will be realized. Is it possible to register a person without his presence? When it comes to the absence of the homeowner during the procedure, the risk of refusal is high. Even with a power of attorney drawn up by a notary.
This means that it is problematic to obtain permanent registration without a direct participant - the owner of the property. Some FMSs allow you to act by proxy, while in others such an operation is considered impossible. To clarify the situation, it is recommended to contact your FMS department or passport office. Only there they will be able to give an accurate answer to the question being studied. This ambiguity is caused by the absence of direct prohibitions at the legislative level on the registration of citizens without the participation of home owners.
Where to go for help
Where do you register for registration in Russia? Several authorities are dealing with this issue.
Today, population registration (temporary or permanent) is carried out:
- in the housing department;
- in passport offices;
- through management companies;
- to the Federal Migration Service;
- in the migration departments of the Ministry of Internal Affairs;
- through multifunctional centers;
- by accessing the State Services portal.
More and more often, citizens turn to the MFC to implement the task. It is clear whether it is possible to register a person without his presence. But how exactly to do this?
