How and where to apply
Since notarization of the principal’s signature is required, it is most reasonable to contact a notary, and it makes no difference whether it is a public or private one .
A power of attorney for registration has the following meaning: one person trusts another to represent his interests in the migration service department for the purpose of registration at the place of residence.
The form of this document does not have a strict form, only a diagram. The full name, date and place of birth, address of the principal, as well as the same information about the legal representative must be accurately indicated.
The text part should indicate exactly the division of the Federal Migration Service to which the registered citizen should apply at his place of residence.
This is followed by a signature and date, and the authenticity of the principal’s hand is certified by a notary by putting his signature and seal. Below, a notary specialist indicates the amount of the state duty. Sample power of attorney for registration from the owner.
What risks does a general power of attorney pose for the parties?
A general or general power of attorney for real estate assigns to the trustee the maximum number of rights, in particular the right to dispose of real estate belonging to the principal.
In practice, this means that the representative at any time (during the period of validity of the power of attorney) can make almost any transaction on behalf of the owner. Concluding transactions under a general power of attorney carries certain risks both for the owner of the property and for the other party:
- The representative may perform actions with the real estate of the represented person, which the latter may not know about and may not even imagine the possibility of their commission. The transactions concluded by the representative will have to be contested, and this leads to problems both for the person who issued the power of attorney and for the new owner of the property. Therefore, you should not issue general powers of attorney to unfamiliar or untrustworthy people.
- If the power of attorney is revoked, the representative does not have the right to enter into transactions with the property of the former represented person. However, there are situations when the bona fide party to the transaction does not know that the power of attorney has expired. If such a transaction is completed, it may be declared invalid. Therefore, if the seller’s representative acts on the basis of a general power of attorney when concluding a transaction, it is better for the buyer to verify with any notary that the document has not been revoked. Recognizing the transaction as invalid entails the return of the parties to the original position - the seller must return the money, and the buyer is deprived of his rights to the property. However, if the seller refuses to return the money, then collecting it from him will be problematic.
- A representative may make a transaction on terms that are not favorable to the represented person. A general power of attorney, as a rule, does not indicate specific conditions for the disposal of real estate, which may contribute to this. For example, a representative sells an object for less than the owner wanted when drawing up a power of attorney. The trustee’s fulfillment of other verbally agreed (or not agreed upon at all) conditions is not guaranteed. In order to avoid such problems, it is preferable to indicate in the document a list of specific actions that the representative has the right to perform on behalf of the principal.
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Thus, a general power of attorney can be issued only when the owner of the property knows the representative well and trusts him. Otherwise, it is better to issue a power of attorney only to perform specific actions, for example, to sell a certain apartment for a pre-agreed price.
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Registration by proxy
Legislative acts regulating the registration activities of migration authorities are as follows:
- Law of the Russian Federation “On the right of citizens of the Russian Federation...” dated June 25, 1993 No. 5242-1.
- Administrative regulations approved by Order of the Federal Migration Service of the Russian Federation dated September 11, 2012 N 288 (as amended on January 19, 2015).
There is no direct indication of the registration procedure without the direct participation of all persons who must personally attest to their presence before a migration service employee. In paragraph 128 Admin. The regulations mention this possibility, but they mean a citizen who is absent within the Russian Federation.
However, on the pages of the Public Services Portal it is indicated that one of the ways to apply is through a legal representative, from which we can conclude that in principle this is possible, although FMS employees are reluctant to carry out absentee registration actions.
In some departments of the migration authorities this is not allowed at all.
If the applicant or owner is absent, then before spending money on a specialist from a notary, it is better to clarify whether this option of registration is possible in the FMS division territorially assigned to the residence address, or absolutely not .
Is it possible to register at the place of residence in the absence of one party?
Any citizen of Russia declares his whereabouts by registering his identity with the migration service.
Reference! There are two types of registration – permanent and temporary.
Permanent is used in case of long-term residence in the same place or when moving to another locality.
The legislation does not establish strict prohibitive measures for its registration in the absence of one of the interested parties. And Article 185 of the Civil Code of the Russian Federation allows a citizen to vest the necessary powers with his representative.
Without an apartment owner
There are cases when the owner of a residential premises cannot be present during registration. In this situation, you can use some ways to solve the problem. Registration of a citizen without the personal presence of the home owner is possible if:
- The owner's representative has a power of attorney stamped and signed by a notary. It would be better if the rights are entrusted to an individual who is related to him.
- There is a written statement from the owner of consent to registration, certified by a notary office.
- Some of the homeowners do not agree with the registration, but there is a corresponding court decision.
Without a registered person
If a person, for valid reasons (disability, serious illness, long-term departure) cannot be present at registration, he can take action. Registration can be carried out if:
- Interests in the migration authorities are represented by another person. In this case, the representative has an official document from the notary office granting him the authority to register - a power of attorney.
- written consent from the owner
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.
Types of power of attorney for registration actions in the traffic police
A power of attorney can be of three types: one-time, special and general. What is the difference:
- One-time – gives the right to perform only one action on behalf of the owner of the vehicle, for example, transfer documents
- Special – the powers of the representative are limited to a number of actions prescribed in the document
- General is the most common type of document that gives the representative expanded powers. If any nuances arise during the procedure, for example, you need to replace a paper PTS, the condition of which is unsatisfactory, the representative can solve the problem independently, without involving the owner of the vehicle
An expanded list of powers allows you to:
- register the vehicle
- re-register a car after changing ownership, making changes to the design, changing body color
- stop registering or deregister the car
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.
General scheme for obtaining registration in an apartment
Registration issues are quite strictly regulated by certain provisions of legislative acts. In fact, registration is a certificate of a citizen’s rights to live in a home.
Obtaining a residence permit requires step-by-step actions on the part of the citizen:
- Collecting mandatory documentation and contacting the passport office at your place of residence or stay.
- Submission of a standard application, together with a package of documentation.
- Handing over the application and passport for stamping.
This option is considered standard and is used by the majority of Russian citizens. There is another option for registering a residence permit - submitting an application through State Services.
What documents need to be attached?
The legal representative must have, in addition to written authority, the following papers:
- your passport;
- passport of the registered citizen;
- statement according to f. No. 6;
- documents for the apartment (confirming ownership, if the housing is privatized, or a social tenancy or rental agreement);
- consent of all adults registered in the area of this apartment, if the apartment is municipal;
- consent of the co-owners and their passports, if the ownership is private.
Sample form No. 6.
Sample of filling out an application according to form No. 6.
Owner's consent to registration.
With an experienced eye, the employee receiving the papers will determine the completeness, issue a receipt for the seizure of the original passport of the registered person, and send the representative home to wait for the verdict.
We talked about what documents may be required for registration in various situations here.
How to carry out the procedure for registering a vehicle
On April 5, 2021, the Government approved a new law “On state registration of vehicles in the Russian Federation”, according to which registration of a vehicle through an intermediary is possible only after providing a power of attorney. It contains the following information:
- date;
- city of compilation;
- passport information;
- PTS;
- a document confirming the right to property is indicated;
- information about the authorized person;
- traffic police department where vehicle registration is planned;
- principal contacts.
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.
