Official residence
Temporary stay in one city for a period exceeding 90 days requires registration. If a person plans to stay for a longer period, then he should put a permanent registration stamp in his passport. It should be noted that this word (registration) is still used in everyday life, but in fact it disappeared from legislation 25 years ago. Instead, the term “registration” is used. It can be temporary or permanent.
There are quite a lot of visitors in the capital of Russia. Most of them think about the question: “Is it possible to live in Moscow without registration at all?” The answer to this is negative, since registration is required to stay in any city in the Russian Federation. It is worth noting that for violation of this rule, the fine imposed will be larger than usual, since Moscow is a city of federal significance. The same is true for St. Petersburg.
Temporary registration
This type of registration implies that the person does not plan to stay in one place for a long time. In addition, it is also issued in cases where the legal status of a person does not allow issuing a permanent one. For example, we may be talking about foreigners living under a temporary temporary residence permit. Typically, the places where temporary registration is issued include hotels, rental apartments, sanatoriums or medical institutions.
The maximum permitted period of such registration is 5 years. It can be extended, but for this you need to provide a supporting document:
- employment agreement if the person remains working;
- certificate from the place of study;
- documents on ownership of residential premises in the Russian Federation;
- citizenship;
- a certificate from a hospital when a person is unable to leave Russia due to health problems.
There is no separate fine for such an act as delaying temporary registration. The sanction will be the same as in the case of lack of registration at all.
Permanent registration
Permanent registration means registration of a person in the place where he stays for quite a long time. This procedure involves affixing a stamp to a citizen’s passport.
Many people are interested in the question: “Is every person obliged to live at his place of registration?” The Constitution of the Russian Federation enshrines the right to freedom of movement, so people are free to independently choose their locality. Also, citizens may not have a permanent place at all. Therefore, liability for living without registration occurs only in cases where a person without registration lives in a house or apartment for a sufficiently long period. At the moment it is 90 days.
Established registration deadlines
The law establishes a period during which it is necessary to register at the place of residence. If a person plans to temporarily stay in one city, then he is allocated 3 months for this. However, many people ask the question: “How long should I register after discharge?” In such a situation, we are talking about permanent registration. This must be done within a week, otherwise the citizen will face an administrative fine.
Accounting procedure
The process of registering citizens differs depending on who is registering it. Thus, if a foreign citizen needs to be registered, he is required to register at his place of stay within 90 days after arriving in the country.
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Upon receipt of the status of temporary residence permit or temporary residence permit, he must also receive appropriate registration. In case of violation of the procedure for the stay of foreign citizens on the territory of the Russian Federation, sanctions are possible in the form of an administrative fine, as well as deportation from the country.
For citizens of the Russian Federation, the procedure for internal migration in the country is legally defined. According to migration legislation, Russian citizens are required to have one of two types of registration or both at the same time (temporary and permanent). It is worth considering each of the types:
- At your place of residence. The current registration rules state that citizens arriving in another region of the country, if they wish to stay there for longer than 90 days, are required to obtain temporary registration. The document confirming registration takes the form of an A5 sheet of paper. If, when checking a citizen’s documents, it was revealed that he lacks such registration, he faces penalties;
- At the place of residence . It is a registration indicating a person’s permanent place of residence. Such registration is placed in the passport in the form of a stamp. When a person is removed from permanent registration and does not obtain another registration within 7 days, he is also subject to penalties.
Reference! A Russian citizen may not obtain permanent registration at all, but only have temporary registration.
Separate mention should be made of the registration of newborn children. So, after the birth of the baby, parents have 1 month to register him. In all cases, such a procedure is formalized at the territorial branch of the migration service, which is part of the Ministry of Internal Affairs.
Amount of fines for lack of registration
In this paragraph, we will consider what punishment awaits if a person does not register at all or violates the terms of such an obligation. The Code of Administrative Offenses of the Russian Federation does not provide for any sanctions other than monetary ones in such situations. Therefore, we will talk specifically about the fine for lack of registration.
Overdue deadlines
So, let’s look at what financial deprivations a person without registration faces. For an individual, the amount of recovery ranges from 2,000 to 3,000 rubles. The fine for late registration in Moscow and St. Petersburg is higher - from 3,000 to 5,000 rubles.
Also, a monetary penalty is imposed on the apartment owners. For them, the fine for late registration of persons at their place of residence ranges from 3 to 5 thousand rubles. In federal cities, the size increases and can range from 5,000 to 7,000.
Lack of a mark in the passport
In some cases, the identity document may not have a registration stamp. For example, when a person has checked out of one apartment, but has not yet managed to check into another. In this regard, many people are interested in: “Is their civil passport valid without a registration stamp in the Russian Federation?” The answer to this question is positive. However, you need to understand that sanctions may be imposed for this.
So, what are the consequences of not having a residence permit in your passport? Standard monetary penalties, which have already been mentioned above. So, this violation will certainly be followed by punishment. We are talking about a fine for lack of registration in the passport. Its size is no different from the usual one established by Article 19.15 of the Code of Administrative Offenses of the Russian Federation, that is, it ranges from 2000 to 3000 rubles.
In a newborn baby
The issue of registering children deserves special attention. It is also seven days. However, registration of a newborn child is carried out only after receiving an identification document, that is, a birth certificate. There is also a penalty for failure to fulfill this obligation. According to Article 19.15 of the Code of Administrative Offenses of the Russian Federation, its amount ranges from 2 to 3 thousand rubles.
For foreign citizens
As for people from other countries, their situation is slightly different. If they miss the registration deadline, they also face a fine. However, its amount differs from that imposed on Russian residents. So, the fine for violating the migration registration of foreign citizens ranges from two to five thousand rubles. If this act is committed in Moscow or St. Petersburg, then its size increases. It will be equal to from 5000 to 7000. In addition, persons from other states face administrative deportation.
If we talk about a fine for late registration of a foreign citizen, then there is no such concept in the law. It is part of the complex of legal terms mentioned above – violation of migration registration. Therefore, the fine will be equal to the amounts already mentioned.
Reasons for imposing a fine for late registration
You can receive a fine for violating the procedure and registration rules if:
- when changing permanent place of residence, the citizen did not contact the migration agency within a week;
- the person lives without temporary registration for more than ninety days;
- the tenant or owner of the property does not report, within three days from the end of the period for registration, that citizens without registration are living in the premises;
- the three-day period will be violated by the person responsible for transferring registration documents to the registration authority;
- the employer or owner of the home will allow citizens to live without registration and will not report this on time;
- the foreign citizen did not register for registration after receiving the temporary residence permit;
- the receiving party will not register a foreigner who has arrived for temporary residence in Russia.
In some cases, a foreign citizen can notify the migration service of his arrival, for example, if the host is ill. This may include:
- a foreigner if he owns housing in Russia;
- individuals and legal entities providing premises for actual residence to foreign citizens, who themselves received housing under civil contracts (rent, hire).
Rice. 2. Registration verification.
How to challenge a penalty for improper registration
The decision to impose a fine for a registration violation must be appealed within 10 days. The period begins to run from the day the decision is made or a copy of it is delivered to the violator.
Fictitious registration
In 2014, the authorities began to more actively combat illegal registration of citizens. Thus, “rubber” apartments became illegal. In what cases is fictitious registration considered illegal? Among them:
- the owner of the apartment did not actually intend to provide the premises for living to other persons;
- the foreigner did not plan to settle at the specified address;
- false information or false documents were used.
Article 322.2 was introduced into the Criminal Code of the Russian Federation, which provides for sanctions for committing such a criminal act.
What is the responsibility
Fictitious registration may entail:
- fine (from 100 to 500 thousand);
- forced labor (up to 3 years);
- imprisonment (up to 3 years).
Also in this article there is a note which states that if the offender actively contributed to the investigation, he will be released from liability. However, you need to understand that the fact of fictitiousness is quite difficult to establish, so the courts carefully examine and take into account all the factors and circumstances of the case in the process.
Payment order
When a person is brought to administrative responsibility, he is given a certain period to pay a fine for the lack of any type of registration at the place of residence. Now it is 60 days. You are allowed to deposit money at any financial institution, since along with the administrative resolution a person is given a receipt.
In addition, it is allowed to pay the fine via the Internet and online banking services. In such a situation, it is advisable to print out a receipt or check and keep it to confirm the fulfillment of the obligation.
How long can you not register?
Persons planning to live in an apartment, room, house or other premises (sanatorium, hotel, boarding house, place of deprivation of liberty) for more than ninety days are subject to registration at the place of stay. This rule applies to adults. A child will be able to live in the premises if he is a close relative of the temporary resident.
If you change your place of residence, for example, after purchasing a new apartment, you need to obtain a residence permit within seven days. This is established by paragraph 16 of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within Russia, approved by Government Decree No. 713 of July 17, 1995.
Is it possible to avoid responsibility?
In some cases established by law (Administrative Code of the Russian Federation), a person is released from punishment. If we are talking about a criminal sanction, then it is lifted only when the person responsible for the fictitious registration cooperates with the investigation.
Who is exempt from payment
Let's consider in what situations an administrative fine is not applied.
- The citizen has not registered at his place of temporary residence, but he has a residence permit in another city of a given subject of the Federation.
- A person lives in the apartment of a person with whom he is related.
- The citizen is registered in this city, but has temporarily changed his address.
In the above cases, no sanctions are applied.
Registration of a newborn child
The regulations do not specifically speak about the obligation to initially register a newborn child within a certain period. However, migration authorities draw up protocols to hold one of the parents accountable for late registration.
When analyzing judicial practice on appealing such decisions, it was revealed that migration services take 7 days into account as the registration period for a new citizen. In case of cancellation of the punishment, the courts refer to the notes of the articles of the Code of Administrative Offenses, which explicitly state that children can live without registration in the parent’s home if the latter is registered there.
Accordingly, it is advisable to appeal the imposition of a fine for untimely registration of a child by his parents.
This is interesting! Payments for the first child.
