Write a complaint about the refusal to register at your place of residence

In accordance with the norms of current legislation, every citizen of the Russian Federation is required to have registration at the place of residence (permanent) or residence (temporary). In the first case, registration is carried out at the address of the apartment, house or room where he primarily lives. You can register not only in residential premises, which are the property of a person. In some cases, a rental agreement or other legal basis for living in a certain living space is sufficient for this. Registration services are provided by the Federal Migration Service (FMS). Within the framework of her powers, she can refuse registration, indicating the reason for making such a decision. If a citizen believes that his rights have been infringed, and the Service employees have exceeded their powers, he has the right to appeal the refusal in the manner prescribed by law.

What sanctions will follow if there is no registration?

For violating the passport regime while living in another city, the culprit faces fines, the cost of which is as follows:

  • a citizen who fails to register his/her location within three months will officially have to pay a fine of 3 thousand rubles;
  • for Moscow, the same violation is punishable by 5 thousand rubles;
  • An owner who rents out an apartment to a citizen of the Russian Federation without obtaining a temporary residence permit faces a monetary penalty of up to 5 thousand rubles in the regions, and up to 7 thousand rubles in Moscow.

So it’s better to arrange everything according to the law, live, study, and work in peace. And for the owners not to have any problems with the law, so as not to pay extra money out of their own pockets for violations.

The legislative framework

To correctly draw up a complaint, you should rely on the following legislative acts:

  1. Civil Code of the Russian Federation (first part) dated November 30, 1994. N 51-FZ (as amended on December 8, 2020).
  2. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 N 195-FZ (as amended on December 30, 2020).
  3. Housing Code of the Russian Federation dated December 29, 2004 N 188-FZ (as amended on December 30, 2020) (with amendments and additions, entered into force on January 2, 2021).
  4. Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on December 30, 2020).
  5. Law of the Russian Federation “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” dated June 25, 1993 N 5242-1 (as amended on December 18, 2020).

The main reasons for refusal of temporary registration of a citizen of the Russian Federation

Basically, the procedure for temporary registration at the place of residence for citizens of the Russian Federation goes quite smoothly, and everyone receives the required documents. However, Russian legislation provides for a number of cases when an applicant may be denied the provision of a public service:

  • At the last moment before the registration procedure, the owner of an apartment or residential building may refuse to provide residential premises for rent to an applicant subject to such conditions, which he has every legal right to do.
  • The rental contract must be drawn up in strict accordance with the requirements of the Civil and Housing Codes of the Russian Federation. As a rule, realtors and rental agents for applicants do not have the proper legal skills and offer clients a regular Internet version of a standard contract, which does not meet the criteria for the temporary registration procedure with the Federal Migration Service, which is why the applicant is refused.
  • If the applicant, having concluded an agreement through an intermediary, actually lives in a completely different place, and the registration procedure itself turns out to be fictitious. If such a situation is detected, registration is cancelled.
  • Temporary registration in Moscow will never be granted to citizens of the Russian Federation if the person suffers from a serious illness - infectious, HIV or mental illness - which can have a negative impact on others.

State Services website

If a citizen considers the refusal to register to be unlawful, he can always write a complaint to a higher department of the Federal Migration Service or file a statement of claim in court for further proceedings on the current problem.

Every citizen of the Russian Federation must understand that when moving to the capital, most likely to improve the quality of life and employment, he made this decision on his own, and the city’s population is not really looking forward to it, so some difficulties with paperwork will appear in any case. However, many citizens of the Russian Federation today make a compromise decision - they sell their housing in their homeland and move to the cities of the nearest Moscow region, to one of the new buildings in the region, after which registration in Moscow is no longer required, and all social benefits are open to permanent registration in their own apartment.

*Prices are current as of July 2021.

Registration at the place of residence makes it possible to feel like a full-fledged citizen:

  • receive medical services;
  • send your child to school or kindergarten;
  • open your own business;
  • get a loan.

For migrants, the question of how to obtain temporary registration is vital, since without registration they will not be able to work officially.

The question of how to obtain temporary registration will have to be resolved if a citizen leaves his place of registration for a period of more than ninety days.

Already have an open IP

Grounds - clause c) part 1 of Art. 23, part 4 art. 22.1 of the Law on registration of legal entities and individual entrepreneurs.

A person can open only one individual entrepreneur. If it is already in the tax register - Unified State Register of Individual Entrepreneurs - they will refuse to register a second individual entrepreneur. You can see if a person is in the register using the TIN through the tax service Providing information from the Unified State Register of Individual Entrepreneurs.

But you can open an individual entrepreneur when there is an LLC.

Here are frequent cases when they try to open a second individual entrepreneur, but this is not possible:

— Once upon a time we opened an individual entrepreneur, but did not use it. Individual entrepreneurs have accumulated debts on taxes and insurance premiums. I would like to open a new individual entrepreneur and start from scratch, but no. Read here how to deal with an individual entrepreneur who is not useful.

— We opened an individual entrepreneur for another person. He worked, and the owner of the individual entrepreneur only formally signed the papers. The person in whose name the individual entrepreneur is registered is responsible for such a business. What to do with a nominal individual entrepreneur is described here.

— Fraudsters have opened an IP for you. The signature on the application was forged. Such an individual entrepreneur is closed through the tax court. And they definitely write a statement to the police.

— We started liquidating the old individual entrepreneur, but did not wait for the finish line - exclusion from the register of entrepreneurs. It also happens that a person continues to hang out in the register due to an oversight by the tax office, although all formalities have been completed.

Exit . In any situation, first close the old individual entrepreneur, then register a new one. Here are instructions on how to close an individual entrepreneur yourself.

In which residential premises can I register?

A citizen has the right, at his own request, to submit documents for temporary registration by mail or via the Internet by registering on the government services website.

Some facts"

An owner who allows a citizen to live in his apartment without temporary registration may be fined 2,000-2,500 rubles.

If the documents were sent by mail to the address of the Federal Migration Service and the application indicated the citizen’s desire to receive a certificate of temporary registration by mail, then a confirming document is sent to the address specified in the letter. In this case, there is no need to personally visit the FMS office.

When submitting an application with electronic copies of supporting documents via the Internet on the government services portal, you will have to personally visit the FMS office with the originals of the previously submitted documents.

If you still have questions about where to apply for temporary registration, then ask them in the comments

Registration is only possible in residential premises. At the same time, the house should not be designated for demolition, that is, recognized as dilapidated.

The easiest option is to register with relatives, since obtaining registration in Moscow in this case will not be difficult. Because the consent of relatives and their participation in registration will significantly reduce problems for those who come to the capital. However, despite the fact that Moscow is a metropolis, not everyone has relatives living there, so we have to resort to other forms:

  • renting housing from the owners;
  • from legal entities that can provide residential premises, for example, to specialists who come specifically to work in a company or firm;
  • housing cooperatives, if its members agree to this.

Temporary registration in all of these options can be obtained, but the most difficult is an agreement with homeowners. It is also the most common for those who have Russian citizenship.

Until now, the option of registration through personal submission of documents has been considered. But you can also submit papers via mail in the same way. This method is as reliable as personal contact. However, it must be taken into account that everything must be done within the specified time frame, otherwise the sender faces a fine.

We invite you to familiarize yourself with: Surpluses or shortages during inventory - accounting features and taxes

A regular package of documents is collected and sent through the post office to the Ministry of Internal Affairs:

  • An arrival and registration sheet for 9 months must be present, but only if the transfer is issued to the recipient;
  • when such a document arrives at the specified address, it is checked by employees of the Ministry of Internal Affairs, and if everything is fine with it, then they are obliged to send a notification to the sender within 3 days.
    You can submit documents for belt registration through Russian Post

In the event that any documents are missing or they are completed incorrectly, the passport office employees are also obliged to notify the citizen about this. To receive a ready-made passport with temporary registration, its owner comes in person, having received a notification about it.

Where to go

If a citizen believes that he was unlawfully denied registration, he must first complain about the illegal (from his point of view) actions of the FMS specialist to his immediate superior. Such a complaint should not only report abuse of authority, but also require a written response to the request indicating the reason for the refusal. Based on the information received, the citizen will be able to determine how legitimate the Service’s demands are and how to properly appeal such a decision. After this, the complaint can be submitted to the following authorities:

  • Federal Migration Service, what should be done within 10 days from the receipt of a reasoned response indicating the grounds for refusal. A complaint to the Office should be filed if we are talking about violations related to unlawful actions (or inaction) of employees of the subordinate service. In particular, when a specialist misinterpreted the documents received or abused his powers.
  • The court, what is important to do before the statute of limitations expires (within 3 months from the date of receipt of the refusal from the FMS). To challenge the refusal in court, you should use the help of a lawyer. The claim is filed in the court of general jurisdiction of the district in which the citizen wants to register.

If the claim is satisfied, registration will be provided to the plaintiff by court decision.

How to get a residence permit

The rules of temporary registration are mandatory for everyone, even if you are a citizen of the Russian Federation, they necessarily apply to you. But the question immediately arises about which authorities are processing all these necessary documents indicating the legality of stay in the city of Moscow or the region. Among the bodies that are responsible for this important area of ​​state activity, registration is carried out by:

  • territorial departments of the Main Department of Migration Affairs of the Ministry of Internal Affairs in Moscow and the region;
  • The MFC is a very convenient body for helping citizens on various issues, which appeared several years ago; it collects documents and therefore simplifies the procedure for obtaining the necessary papers, especially since reception is carried out by appointment.
    You can submit documents for registration at the MFC

Having collected the necessary documents, you can complete the registration quite quickly, if there are no external obstacles that could stop the authorities in their desire to record a person’s life in the Moscow region.

Of all the visitors, residents of the Moscow region are the luckiest, because they can live in the capital without registration. Visitors from all other regions must register.

If documents for temporary registration are not completed, you will have to pay a fine. The penalty is imposed if the district police officer proves that the citizen has been in the capital without registration for more than ninety days.

For other regions, the maximum fine is three thousand rubles. Therefore, it makes sense not to procrastinate and immediately find out how temporary registration is processed.

Those who come to conquer the capital often make mistakes when registering. And this is not surprising. Many real estate agencies are engaged in scamming guests of the capital. They offer housing where you can live, take an advance payment, the person comes to the address, and no one rents out an apartment there. Proving fraud will be difficult. Therefore, it is necessary to check all information.

4 tips for visitors:

  • enter into a rental agreement through a real estate agency;
  • do not believe the first advertisements you come across;
  • check real estate agency documents;
  • immediately agree with the owner about registration.

In Moscow you can very easily get scammed, so you need to be vigilant.

There are errors and typos in application P21001

Grounds - clause c) part 1 art. 23 of the Law on registration of legal entities and individual entrepreneurs.

The application for registration of individual entrepreneurs is filled out according to the rules from the Order of the Federal Tax Service No. ММВ-7-6 / [email protected] Everything is strict there: font, abbreviations of address details and required lines. The tax office will not accept applications with errors or typos in names, passport details and addresses.

Another error includes OKVED codes not from the current classifier of activities. Using OKVED codes, the future entrepreneur informs the state what he wants to do. That's why codes are important.

We have instructions:

— How to fill out application P21001 according to tax requirements,

— How to choose OKVED codes for your activities.

On the tax website you can also fill out application P21001 in the Preparation of Documents for State Registration program. An even more convenient option is the tax application “personal account of an individual entrepreneur.” You can also use our service to prepare documents; it will fill out the application itself based on your data.

Exit . You need to bring a newly completed application to the tax office. The period is three months. The state duty is not paid a second time. You can only refill the application once. If the tax office finds new errors in the new application, you will have to resubmit the entire package with the state duty.

Registration procedure

If residents of small towns know exactly where temporary registration is done, since in most cases there is only one department of the Federal Migration Service in the locality, then for residents and guests of large cities this issue is quite relevant.

When finding out where temporary registration can be made in Moscow, a citizen must rely on the list of territorial district departments of the Federal Migration Service approved by the Moscow Government.

To obtain information about the addresses of FMS departments, just go to any FMS office, where information stands contain all the necessary information.

Kashirskoye Highway, 74, building 3 (metro station Kashirskaya) - in the building of the Department of Internal Affairs in the Moskvorechye-Saburov district. Southwestern Administrative District: Leninsky Prospekt, 123 (metro station Yugo-Zapadnaya) Closed Administrative District: Rublevskoye Highway, 26, bldg. 2SZAO: Karamyshevskaya embankment, 14 (metro Polezhaevskaya, metro Oktyabrskoye Pole)ZelAO: Moscow, Zelenograd, building 931Novomoskovsk Autonomous Okrug: st. Yuzhnobutovskaya, 3 Troitsky administrative district: Oktyabrsky Prospekt, 20 Vnukovo Airport: 119027 Moscow, st. 2-ya Reisovaya, 2, building 3.

Over the past year, multifunctional centers have appeared in almost all cities of Russia - multifunctional centers providing citizens with government services, including registration services. Such institutions have a convenient registration and information system. MFC employees will help the citizen understand all the nuances of the procedure for submitting documents and completing applications.

When looking for a place where temporary registration is being done, a citizen has the right to contact both the territorially appropriate department of the Federal Migration Service and the citywide or district MFC with a package of documents to carry out the procedure for obtaining temporary registration. If you don’t know why temporary registration is needed, you can read about it in our article.

Institutions where temporary registration is issued are required to accept documents subject to the following conditions:

  • the citizen applied to the appropriate branch of the registration authority;
  • the documents are true.

The majority of Russian citizens for whom Moscow is becoming not a subject of tourist interest, but a place where they have a permanent, well-paid job, renting housing is the only option for living in the capital.

Certificate of ownership of real estate

Unfortunately, not all owners are interested in going through the official registration process. For the simple reason that then they will have to pay taxes, which reduces their interest in renting out housing.

Temporary registration can only be done by the direct owner of this housing, who, with the help of appropriate documents, is able to prove his right to a specific living space, namely:

  • certificate of ownership;
  • a statement that the owner is not against temporarily registering the tenant;
  • written consent of those already registered in this premises.

We invite you to familiarize yourself with: How the abandonment of a land plot in ownership occurs - new rules

The cost varies depending on the registration period:

  • if it is 6 months, then 10 thousand rubles;
  • for a year already 14 thousand rubles;
  • for two years – 15 thousand rubles;
  • Well, for five years - 25 thousand rubles.

As you can see, the longer the term, the lower the price in general terms. Therefore, it is better to register immediately at the maximum rate and no longer worry about Moscow registration.

You can find out how it is not recommended to register by watching this video.

. It is also important that if you have to obtain a driver’s license in the Moscow region, then temporary registration in Moscow will not be useful; registration in the Moscow region is what is needed.

So, having found out where and to which bodies citizens submit the collected documents, it is necessary to understand exactly what order the state executive authorities adhere to when they accept documents.

Of course, general rules apply everywhere, but still Moscow and the region are a special region and one must take into account the fact that the Moscow government can pass its own laws regarding registration, since it has every right to do so, limiting the population of capitals and optimizing its social compound.

  • First of all, if there are no relatives in the capital, it is necessary to find an owner who is ready to officially give up his home to a newcomer.
  • You should not contact agencies who offer to arrange everything very quickly for money, usually they are scammers, but the owners themselves are interested in contacting the direct tenants and it is best to contact them.
  • It is the owners, who are interested in ensuring that the registration of registration is as tight as possible, who accept most of the conditions that are offered to them by those who want to rent a house, although they put forward counter ones. As a rule, the price of such housing is quite high, but there is a guarantee that there will be no costs in the form of fines.

These nuances apply only to Moscow, which, naturally, stands out from the general background of Russian cities as the largest metropolis and the capital of a great country.

Where else to go

25 years ago in our country, almost immediately after the collapse of the USSR, bill number 5242-1 was issued, and in 2012, according to this law, an order was issued by the Federal Migration Service, restricting citizens’ freedom of movement without notifying the authorities, which is the right measure on the scale of a huge country.

Visitors from regions of the Russian Federation

This measure is necessary for better control over the citizens of the country, since many of them may commit administrative offenses, some are associated with the criminal environment, and there are also persons liable for military service hiding in other regions during conscription. If a citizen of the Russian Federation does not comply with the requirements of the law, he automatically becomes an illegal immigrant and is subject to a fine.

First, it is necessary to clarify two completely different concepts - registration at the place of residence and place of stay. If a citizen of the Russian Federation arrived in Moscow from another region, he is automatically obliged to declare himself to the authorities of the Main Directorate for Migration Issues (GUVM MIA) by personal appearance at the nearest department that controls the area of ​​the person’s future residence.

When a citizen of the Russian Federation intends to stay at a new place of residence for 3 months or more, he is required to obtain an official residence permit through the same government agency. This measure is mandatory even if the visitor owns housing in the capital, but is registered in the region.

Panorama of Moscow

An exception to this rule are institutions that operate as hotels, inns, motels, guest houses, etc. According to the regulations of their activities, authorized employees are required to independently declare new guests on behalf of the hotel. That is why, every time arriving in a new city and staying in a hotel there, even for a few days, the guest is required to register at a special counter, since this data goes to the departments of the Main Directorate for Migration of the Ministry of Internal Affairs.

The official website will help you get acquainted in detail with the location of the department’s calvings in the capital, the page of which can be followed by following the link.

Important! Due to the fact that Moscow is also the regional capital of the Moscow region, all visitors from this region can live in the city without any restrictions, and they do not need temporary registration in Moscow.

All documents received by the district department of the Federal Migration Service must, by law, be reviewed by authorized department employees within 3 days, however, in the departments themselves or on the State Services website, applicants are advised not to wait until the last days of registration. This is due to the large number of similar applications received by the Ministry of Internal Affairs, and employees do not always complete the paperwork on time.

And the issuance period must either overlap with the previous period of validity of the 3-month registration, or be provided on the same day. This means that if a citizen of the Russian Federation submitted documents for consideration on the 87th day of validity of his registration, and received it on the 91st, then he was automatically considered a violator during the day. The Ministry of Internal Affairs does not take responsibility for delays.

Important! According to the Administrative Code, for violating the rules of staying in Moscow in the status of a temporarily registered citizen of the Russian Federation from the region, a fine of 3,000 rubles* is imposed.

Housing rental agreement in Moscow

For any citizen of the Russian Federation, unlike foreign nationals, the procedure for temporary registration in any region of the country other than the place of his official residence is free. Thus, all bureaucratic services, consultations in FMS departments and by telephone, review of documents and registration of permits are included in the zero tariff.

Due to legal illiteracy, many citizens of the Russian Federation consider it impossible to have such a combination of circumstances as the consent of the owner of the property, the correct completion of all documents and the consideration of applications by the FMS services on time. And these persons prefer to turn to intermediaries who are not too shy in announcing prices.

We suggest you familiarize yourself with: State registration of lease agreement for non-residential premises documents

Where to apply for registration in Moscow

Where else to go

Panorama of Moscow

The next step is to contact the FMS office (Office of the Federal Migration Service). If a positive decision is made within three days, the citizen will receive a certificate of temporary registration.

Having received the certificate, you must apply with it to the UIRC (Unified Information and Settlement Center). There, utility bills will be recalculated taking into account all registered residents.

A child under 14 years of age is registered at the place of residence of the parents, and the consent of the homeowner is not required for this. It is only necessary to provide the child’s birth certificate and documents confirming the identity of his legal representative.

Previously, in the Russian Federation, certificates were issued by the Federal Migration Service. Now specialists from the Ministry of Internal Affairs departments are handling the registration. You can obtain temporary registration through official intermediaries. For this purpose, documents are submitted to the multifunctional public services center. Then temporary registration in Moscow will take more time, since the documents are sent to a department of the Ministry of Internal Affairs.

How does a medical policy work when moving to another city?

The insurance certificate contains the citizen’s personal data, so any changes must be reported to the insurance company. If personal information does not match, the policy will have to be changed.

If you move to another city within the same region, you must:

  • register at a local clinic by presenting a medical card and passport;
  • put a mark on the insurance form in the QMS.

The insurance company must be notified of registration at a new address within 30 days, after which you can safely receive treatment from local doctors.

Required documents

To obtain a temporary residence permit in Moscow, you must submit some documents that are required for the procedure:

  • not expired Russian passport and its copy, everything in its internal contents should be in order;
  • if children under 14 years of age are also registered at their place of residence, then their birth certificates are required;
    Child's birth certificate
  • statement;
  • any document that would indicate that the receiving party agrees to accommodate the applicant (for example, a rental agreement).

Having collected these important documents, you can go through all stages of registration, even through mail, which may well help a person in obtaining his registration. The period will increase slightly, but in cases where the client is located in another part of a large country, this is not so significant.

Standard documents for registration:

  1. Passport, and for children under fourteen years of age - birth certificate. The passport is presented by the applicant and the owner of the living space.
  2. Military personnel may present military ID.
  3. Completed registration form. Minors who are over fourteen years old must fill out the form themselves. Before this age, a parent or guardian must sign; children over 14 years old must sign the application in their own hand.
  4. Confirmation that the check-in is carried out legally.

In the capital, the question of how to officially make temporary registration in Moscow for visiting citizens of the Russian Federation is most often resolved with the help of a rental agreement. The rental of housing is formalized by a rental agreement; as a rule, the agreement is concluded through a real estate agency. If a citizen himself is the owner of a metropolitan apartment, then it is necessary to submit an extract from the Unified State Register or a certificate confirming the legality of ownership.

  1. Approval of the property owner and other persons living in the apartment who are over eighteen years of age.

To register a newborn baby, the approval of the property owner, as well as other persons, is not required. The baby will automatically be registered in the same place where his parents are registered. Further registration is carried out on a general basis.

The legislation provides for the existence of regulations that spell out in detail how to make temporary registration at the place of stay. What temporary registration and registration are, and what the difference is, you can find out here.

The main point for the smooth receipt of this service is the collection of the package of documents specified in the law:

  • Before you apply for temporary registration at your place of residence, you should make sure that you have the consent of all citizens registered in the apartment and co-owners of the property, in the case of joint ownership of shared property. All these citizens must independently consent to temporary accommodation in writing;
  • the citizen registering and the person providing him with housing must attach their passports to the package of documents;
  • an application of the established form is filled out, in which the owner or tenant of the residential premises must sign;
  • the owner of the premises must ensure the availability of documents that confirm his right to dispose of housing - a social tenancy agreement for residential premises or a certificate of ownership.

It is especially worth noting that in order to register a minor child at a place of temporary stay, it is not necessary to obtain the consent of the owner or tenant of the property if the child applies for the registration procedure at the same address as one of the parents. In this case you need to provide:

  • parent's passport;
  • child's birth certificate;
  • certificate of registration at the place of residence of the legal representative or parent, issued to the address where the child is planned to be registered;
  • an application filled out by the child’s legal representative;
  • consent of the child’s second parent, if available, or a court decision on the child’s separation from one of the parents.

To obtain temporary registration of an adult citizen of the Russian Federation at the place of residence, the personal presence of the owner is required.

Where to apply for registration in Moscow

To obtain registration, you need to find where to live in Moscow. You can search for an apartment through advertisements or through real estate agencies. You must immediately discuss with the owner that registration will be required.

You can register with relatives and friends, if they allow it, of course. Moreover, there are cases when you can do without registration. You can live peacefully with your parents or use housing that belongs to your grandparents. Art. 19.15.1 The Code of Administrative Offenses exempts citizens who live with their close relatives from paying a fine for lack of registration.

The question of how to obtain temporary registration can be resolved through intermediaries. However, in this case you should be wary of fraud. Often they only want to “rip off” money from visitors, but they register at mass addresses.

Here you need to carefully check the documents of the office to which you will pay.

What's new in the registration rules?

In 2014, Decree of the Government of the Russian Federation No. 809 came into force. It regulates the relationship between the owner of the property and those who are temporarily registered at this address with the consent of the owner. The new rules have made it easier to combat fictitious registration, as well as those who register their living space for money and then do not pay taxes on this income.

From now on, citizens in any region are allowed to stay without temporary or permanent registration for no longer than 90 days from the official date of arrival (confirmed by travel documents). After this, you must register or pay a fine. It is noteworthy that not only a citizen who is late with registration can be fined, but also the homeowner who sheltered the traveler.

The amount of the fine is tied to the region and amounts to 3-5 thousand rubles for the capital and St. Petersburg, and 2-3 thousand rubles for all other regions. It is especially worth noting that once a fine has been paid, it does not relieve one from the obligation to register, since upon repeated inspection, failure to register will entail a new fine, and so on, up to and including forced deportation from the locality.

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