Timely replacement of an identity document is, in fact, a civic duty for everyone. A fine for an expired passport in 2021 is the only punishment provided for by law for this offense. It is a misdemeanor, since this act does not belong to the category of crimes. It will not be possible to explain the fact that a document is overdue through ignorance, since the deadline for replacing a passport is stated on its last page, not counting such life events as marriage, damage or destruction of the document, as well as its loss. By the way, in the latter case there are also fines for losing a passport.
○ Features of obtaining and replacing a passport.
The procedure for issuing, using and replacing a passport is prescribed in Decree of the President of the Russian Federation dated March 13, 1997 No. 232, Decree of the Government of the Russian Federation dated July 8, 1997 No. 828 (hereinafter referred to as the Passport Regulations) and Order of the Ministry of Internal Affairs of Russia dated November 13, 2017 No. 851 (hereinafter referred to as the Passport Regulations) – Administrative regulations). This issue is within the competence of the Russian Ministry of Internal Affairs.
The document is issued to all persons with Russian citizenship from the age of 14. It is needed to identify an individual as a citizen of the Russian Federation.
In accordance with paragraph 7 of the Passport Regulations:
Validity period of a citizen's passport:
- From 14 years to 20 years of age.
- From 20 years to 45 years of age.
- From 45 years old - indefinitely."
Both to obtain a passport and to replace it, you will need to write an application, collect a package of documentation and pay a state fee.
The passport is changed in the following cases:
- The citizen is 20 or 45 years old.
- The person has changed information about his full name, date or place of birth.
- The man changed his gender.
- The document has become unusable.
- Errors and inaccuracies were found in the records.
Let us consider in more detail the features of replacing a document at 20 and 45 years.
basic information
The Russian Federation has established certain sanctions for delaying such a document. What is the fine for this offence? In accordance with Article 19.15 of the Code of Administrative Offences, those who live without such a document have the right to receive a fine of 2-3 thousand rubles.
As for those living in Moscow or St. Petersburg, the sanction here will be 3-5 thousand rubles.
Expert opinion
Kuzmin Vasily Konstantinovich
Practicing lawyer with 6 years of experience. Specializes in the field of civil law. Extensive experience in protecting legal interests.
Where should I apply for re-registration? Here one has a good choice. This can be remote registration through the official portal of the State Services or a personal visit to the migration authority or multifunctional center.
It is necessary to change your passport data in the following situations:
- upon reaching the age limit of 20 and 45 years;
- when information changes, such as last name, first name and patronymic or other personal data;
- damage to documentation or its wear and tear;
- if there are any inaccuracies, errors or incorrect filling;
- if your gender has changed or your appearance has changed significantly;
- change of passport after the collapse of the USSR.
As a rule, changes in passport data occur upon reaching age or marriage. In accordance with current legal acts, a certain period for the procedure is provided here - 30 days.
Is it possible to avoid a sanction and not pay for it? This can be done if the delay is no more than a day or a week. Then, when submitting a complete package of documentation, it is possible to refer to Article 2.9 of the specified legal act, which indicates the insignificance of the violation.
○ Passport replacement at 20 and 45 years of age.
The first time a person must replace his passport when he reaches 20 years of age, the second time - at 45 years of age.
According to paragraph 33 of the Administrative Regulations, you will need to collect the following package of papers:
- Application for issue (replacement) of a passport.
- Passport to be replaced.
- Two personal photographs that meet the requirements established by paragraph 38 of the Administrative Regulations.
- Documents required for making marks in the passport specified in subclause 30.4 of clause 30 of the Administrative Regulations.”
The documentation referred to in paragraph 33.4 of the Administrative Regulations includes:
- Certificate of marriage registration or divorce.
- Military registration documents.
- Birth certificates for children under 14 years of age.
The photo must be taken at the time of registration of the replacement request. Shooting is done in black and white or color format without headgear. Citizens who wear glasses are photographed wearing them. The photo is printed with dimensions of 35 mm by 45 mm. The oval of the face should occupy most of the photo (up to 80%).
You will also need to pay a state fee and attach a payment document to the application. The mandatory fee is 300 rubles.
How to pay a fine if it could not be avoided?
If there is a delay in replacing your identification document, and you do not have circumstances that could save you from a fine, then sanctions cannot be avoided. In this case, the fine will have to be paid according to the issued order. You can do this in several ways:
- through the bank cash desk, according to the details specified in the protocol;
- through a terminal at a bank branch;
- by transferring funds from an electronic wallet account;
- via Internet banking.
○ Deadlines for replacing a passport.
The obligation to replace a passport arises for a person from the moment he reaches 20 or 45 years of age. You must contact the competent authorities within 30 days. This deadline is set so that the person has time to collect the required package of papers and submit an application to the competent authority.
The application is submitted to the territorial authority for migration issues of the Ministry of Internal Affairs of Russia. The fastest way to complete paperwork is through the State Services portal. A new document is issued after 10 days from the date of registration of the application.
Documentation package
In order to change an expired passport, you need to submit a complete package of documentation to the migration department.
This includes:
- application for replacement or acquisition of passport data (the form must be submitted by an authorized employee of the multifunctional authority or the migration authority);
- photo of a standard sample in the amount of 2 pieces;
- a check confirming payment of the state payment;
- no longer valid passport data;
- military ID, if present;
- certificate of marriage;
- a certificate specifying the appearance of children, if they are minors;
- house book and certificate of family composition;
- documentation clarifying registration actions for registration;
- documentation clarifying the grounds for the overdue action;
- additional documentation clarifying the change in personal data or a medical report confirming the change in gender.
All this is presented in the original.
○ Sanctions for an expired passport.
In case of delay, the citizen is held accountable in accordance with the Code of Administrative Offenses of the Russian Federation.
✔ Administrative responsibility.
Article 19.15 of the Code of Administrative Offenses of the Russian Federation establishes punishment for living at the place of stay or residence with an invalid passport. If such a violation is detected, a fine is imposed on the citizen.
If the fine is not paid on time, it will be collected at double the amount. In this case, the amount of compensation must be more than 1,000 rubles.
✔ Can a different penalty be imposed?
Also, for late payment of a fine, a citizen may be placed under administrative arrest for a period of up to 15 days. Or the person is sent to compulsory work for up to 50 hours.
Payments
Penalty payments must be made within two months. After receiving a receipt for payment, you should not hesitate with this process and contact the credit institution to make the payment. It is necessary to provide the details to the authorized employee, enter personal information and give the presented amount. Next, the cashier will issue a receipt indicating payment of the fee by a specific person.
- How to change your passport at 45 years old through State Services - step-by-step instructions
After this, it is best to provide the check to the authorized organization so that additional fines are not assessed for failure to pay the sanction. To speed up the process if you don’t want to stand in line, you can make your own payment through the terminal. But you should understand that not everyone can understand the electronic interface. Therefore, you can always turn to an authorized consultant for help, who is always ready to advise the applicant.
Our staff will help you create payment parameters and prevent mistakes when filling them out. After making the payment, the citizen receives a check and receipt.
It must be remembered that the passport must be changed in a timely manner, otherwise it will lose its validity, after which a fine may be imposed on a specific person. If the delay is small, then, as a rule, the authorized officer does not issue a protocol for the offense. But if this is a willful defaulter, then everything will have to be paid in due form.
You may be interested in the article: How to make a notarized copy of a passport?
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AUDIO VERSION OF THE ARTICLE
When the need arises to change your passport, the first thing that comes to mind is long paperwork and waiting in lines. However, if you want to avoid all these unpleasant nuances, then you need to use the passport replacement service at State Services.
Naturally, you won’t be able to do without a visit to the FMS. You will need to hand in the papers and pick up the finished document, but in this case, you will avoid hours-long queues and endless walking around the offices.
- How long does it take to get a passport through government services?
○ Amount of fine for an expired passport.
The amount of the fine varies from 2,000 rubles. up to 3,000 rub. Residents of Moscow or St. Petersburg pay more - from 3,000 rubles. up to 5,000 rub.
✔ Extenuating circumstances.
When imposing a sentence, mitigating circumstances are applied, subject to their availability.
In a situation with an expired passport, these include:
- The offender's remorse.
- Stopping illegal actions.
- Voluntary confession.
- Assistance to the competent authority in establishing illegal circumstances.
- Voluntary elimination of the violation before imposing punishment.
- Committing an offense due to difficult family or personal circumstances.
- Pregnancy or mother having a young child.
In all these cases, it is possible to reduce the fine.
✔ Aggravating circumstances.
The maximum fine is imposed in the presence of aggravating circumstances:
- The person continues to use an expired passport, despite requests for a replacement.
- Repeated offense.
- Alcohol intoxication.
- Other.
Extenuating circumstances
As mentioned earlier, a person is given 30 days to obtain passport data after the deadline. If the period is higher than specified, he will have to pay a fine. 30 days is the moment when a citizen is obliged to submit an application to the migration authority, multifunctional center or to the Ministry of Internal Affairs.
The preparation of the submitted documentation takes 10 days if the application is at the place of registration, or up to 30 days if the application is at the place of residence.
It is impossible to completely avoid penalties in case of delay . It is up to him to decide what fine the inspector will impose (but within the limits of the law).
Mitigation of the current punishment is possible if the following circumstances exist:
- if the crime is committed by a child under 18 years of age;
- if the offense is committed by a pregnant woman or a citizen with an infant;
- if a person repents of the act;
- if assistance was provided;
- if the legal framework is implemented properly.
There are also aggravating circumstances.
These include:
- if a person continues to carry out illegal actions, regardless of the requirements presented;
- the crime is committed by several persons;
- the requirements are violated by this citizen repeatedly.
Once the judgment is issued, the person has two months to pay the fines properly. Otherwise, an authorized employee has the right to make a decision on a repeated violation and impose a sanction of two times the amount, but not less than 1 thousand rubles.
Additionally, it is worth noting that not only a monetary penalty, but also community service can be imposed. In some cases, the offender is placed under arrest for up to 15 days.
○ Advice from a lawyer:
✔ Is it possible to pay a fine at the MFC?
The MFC processes documents submitted for the purpose of obtaining government services, so it is not possible to pay the fine there.
You are allowed to use the following methods:
- Public Services Portal – registration on the website is required.
- Bank terminal - you need to know the payment details.
- Russian Post - a receipt is required.
- Sberbank online – this option must be enabled.
Reducing the amount
We have already figured out how to avoid a fine for an expired passport. Additionally, you should highlight points that will significantly reduce the amount of collection.
Among them are:
- the size is significantly reduced if the passport was not received at age 14,
- benefits are provided by law for pregnant women or women who are raising a young child alone,
- serious problems or emotional experiences that the citizen had to endure,
- the person fully realized what he had done and completely repents of it.
There are no circumstances where a fine is not provided. However, this list can be expanded in special cases. Specific circumstances allow a person to pay a minimum penalty for obtaining a new sample document. Such a statement will need to be addressed to a judge.
The fine for overstaying your passport may also increase. Employees of government agencies take aggravating circumstances into account.
The fine for overstaying your passport can be reduced either up or down
These include:
- minors took part in the process of committing the violation,
- the delay in passport is not accidental, this circumstance arose against the background of a preliminary conspiracy of a whole group of persons,
- the violation is repeated.
However, there are cases when the judge considers such an act to be insignificant. The court may decide to exempt a citizen from paying a fine, so it can be difficult to answer the question of how much it costs to issue a new passport. Only a few manage to get away with a reprimand, which is made orally.
The statute of limitations plays an important role. Employees will not be able to recover the appropriate amount if more than two months have passed since the delay.
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