Registration at the place of stay and residence: how much will you have to pay for late payment?

Home / Real estate / Housing rights / Registration / Responsibility

Back

Published: 10/25/2017

Reading time: 6 min

0

415

Registration is one of the integral measures for a person to inform the state of his new place of residence or stay.

  • Registration deadlines
  • Normative base
  • How to avoid a fine?
  • Fine amounts
  • Payment

The legislative framework

The procedure for registering Russian citizens is regulated by Government Decree No. 713 of July 17, 1995, Law on Freedom of Movement No. 5242-1 (in force since June 25, 1993) and Order of the Ministry of Internal Affairs of the Russian Federation No. 984 (adopted December 31, 2017).

As for foreigners, the following regulations apply to them:

  1. Federal Law No. 109 “On Migration Registration”;
  2. Government Decree No. 9 of January 15, 2007
  3. Order of the Ministry of Internal Affairs No. 514.

Failure to comply with legal requirements regarding permanent or temporary registration is punishable in accordance with Art. 19.15.1 and 18.8 of the Administrative Code (for Russians and foreigners, respectively).

In addition to sanctions from the state, the lack of residence permit (registration) entails a number of additional inconveniences associated with the inability to perform certain actions or use services. This applies, in particular, to receiving medical care under compulsory medical insurance, loans from banks or microfinance organizations, enrolling a child in kindergarten, etc.

Other questions

What happens if temporary registration ends? If the period ends, then further developments depend on whether the person is a citizen of the Russian Federation or a foreigner. For a citizen of the Russian Federation, everything is much simpler .

As noted above, he has the opportunity (without any consequences) not to register for up to 90 days. According to Government Decree N809, if documents are submitted on the last day (including the 90th day), then no sanctions are provided .

After this period, the general provisions apply to the citizen.

For foreign citizens, the consequences of lack of temporary registration can be much more serious. Violation of immigration laws may result in deportation. One of these violations includes fictitious temporary registration.

Is it possible to register temporarily for money? Fictitious temporary registration led to the emergence of so-called “rubber apartments” . This situation refers to a violation in which a large number of foreign citizens are admitted to an apartment for a monetary reward.

Often law enforcement agencies discovered apartments with several hundred registered foreigners. Although the vast majority of violators are foreign citizens, Russians also carry out illegal activities .

In this case, the owner may have problems, including criminal liability .

Federal Law N376 is designed to regulate fictitious temporary registration.

According to Article 322 of the Criminal Code, fictitious registration threatens the owner with a large fine in the amount of 100,000 to 500,000 rubles.

He may also be at risk of imprisonment/forced labor . In this case, mitigating and aggravating circumstances are taken into account.

If the offender has small children or is disabled , the punishment may be reduced. An aggravating circumstance is, for example, the criminal past of the offender. It is worth noting that imprisonment is rather an exception to general practice.

Types of registration

In Russia there is permanent and temporary registration of citizens. In the first case, we mean registration at the place of permanent residence or actual stay (house, room, apartment).

As for temporary registration, it applies to citizens who are not permanently at the specified address, but only for a certain period of time.

Similar rules apply to foreigners. A situation is allowed when a person has both temporary and permanent registration. However, the presence of several permanent and temporary registrations is excluded.

Obtaining a long-term residence permit

To stay in the Russian Federation for more than 90 days, you will need a temporary residence permit. You should contact the Ministry of Internal Affairs for this. After completing the document submission procedure, if the answer is positive, you will be allowed to stay in Russia for 3 years. After receiving a temporary residence permit, many wish to obtain a residence permit in Russia, and then become citizens of the Russian Federation.

Submitting documents to the Ministry of Internal Affairs

This is a rather difficult path; first, to register on a permanent basis, and eventually to become a citizen of the Russian Federation, it takes several years. Many people do this, especially since the temporary residence permit gives a foreigner almost the same rights as citizens of the state.

What is the fine for not having registration in your passport?

The amount of financial sanctions depends on the circumstances of the offense, the actual location of the perpetrators and is:

  • for a citizen of the Russian Federation who does not have a residence permit - from 2 to 3 thousand rubles (in St. Petersburg and Moscow - from 3 to 5 thousand rubles);
  • for tenants and owners of premises (individuals) – from 2 to 5 thousand rubles (in St. Petersburg and Moscow – from 5 to 7 thousand rubles);
  • for tenants and owners of premises (legal entities) - from 250 to 750 thousand rubles (in St. Petersburg and Moscow - up to 800 thousand rubles).

As for unregistered foreigners, they are subject to a fine of 2 to 5 thousand rubles with or without possible deportation. If the violation occurred in St. Petersburg (Leningrad Region) or Moscow (Moscow Region), the fine will increase to 5 - 7 thousand rubles (with or without deportation). A similar punishment is provided for a repeated violation within a year (with unconditional deportation from the country), and for Moscow and St. Petersburg (including the Moscow and Leningrad regions) - from 7 to 10 thousand rubles (plus deportation).

Basic principles and laws

What fine does a violator face for late registration? The main document regulating the amount is the Code of Administrative Offenses of the Russian Federation, or the Code of the Russian Federation on Administrative Offences.

In case of serious violations (fictitious registration), criminal legislation may come into force (Criminal Code Art. 322.2).

To begin with, it is worth defining the place of residence.

It is defined as residential premises, sanatorium, hospital, tour. base and any other premises with similar functions where a citizen lives temporarily . The definition is not limited to apartment and living space. Detailed wording can be found in Government Resolution No. 713. Registration is carried out no more than three days from the date of submission of the package of documents. In some cases, the period may increase to eight days. The service is free and state-owned. no duty is charged.

Submission takes place at the Federal Migration Service. You can submit documents in person, by mail and through the State Services portal. Required documents:

  • the statement itself;
  • ID card - passport, international passport;
  • basis - it is a rental agreement, social tenancy, certificate of ownership. The basis is signed by the owner or tenant of the residential premises.

After completing the process, the citizen receives a certificate of registration .

When a citizen leaves his place of permanent residence, he is obliged to formally record this fact.

However, this is not always his direct responsibility. If he lives in a hotel, boarding house, sanatorium, hospital, then the task of processing documents passes to the administration of these institutions.

But the citizen himself, of course, participates in the process. He must present documents to the administration staff and fill out the appropriate forms.

Find out how to fill out an application for temporary registration, as well as obtain a certificate of temporary registration at your place of residence, from our articles.

When a fine is not imposed

Upon arrival at a new place of residence, a citizen must deregister from his previous registration and register at a new address within 7 days. If he already has a permanent residence permit, then the law allows 90 days to obtain temporary registration. No fines will be imposed during these periods.

Failure to register in a passport is not punishable in the following cases:

  1. If a person lives with his close relative, registered at this address and who is the owner of the living space. These include parents, children, grandparents, grandchildren, and spouses.
  2. If a person is officially registered in a given city and lives in the same city, but at a different address.
  3. If a person is officially registered in the region and lives on the territory of a given subject of the federation. For example, a resident of the Leningrad region does not need temporary registration for the period of residence in St. Petersburg.

A fine may not be imposed if the person with missing registration has valid reasons - for example, emergency hospitalization, emergency business trip or difficult life circumstances.

How to get a temporary residence permit

Registration of a foreign citizen in Russia, both permanently and temporarily, is not only possible, but also mandatory. A permit issued for 3 years will allow you not to be afraid of delays, loss of work and other troubles.

The problem is that documents are issued according to quotas allocated by the government. In each region there is a certain number of people who can receive a temporary residence permit.

However, you can get a temporary residence permit outside the quota. The benefit can be used by spouses of Russians, those moving to the country under the resettlement program, parents of children who are Russian citizens and other categories about which information can be obtained from the Russian embassy or the Main Directorate for Migration.

It doesn’t matter whether you got a quota or you found other grounds for obtaining a temporary residence permit, you still need to provide a full package of documents provided for your situation.

In any case, it must contain the previously obtained temporary registration.

On August 2, 2021, the President of the Russian Federation adopted Federal Law-257: the full text of the law can be found on the official website https://www.kremlin.ru/acts/bank/44554. It came into force 90 days after its signing. Now citizens of Ukraine and stateless persons permanently residing in the territory of this country can apply for a temporary residence permit without taking into account the quota. You can view the editorial by following the link.

You will have to wait from several months to six months for the decision of the Main Directorate for Migration. Applications from Ukrainians are considered within 2 months.

A year after receiving a temporary residence permit, a foreigner has the right to contact government authorities again, but this time regarding the registration of a residence permit.

Migration Center

Is it possible to challenge the imposition of a fine?

The legislation provides a period of 10 days for appealing the administrative protocol. If the fine is not contested within this time, the decision to impose a penalty will enter into force.

Russian citizens may pay a fine for failing to register within 60 days. As for foreigners, they are required to repay the debt the next day after the collection order comes into force (if deportation is not ordered).

Typical mistakes on the topic

Error: Not often, but it happens that when issuing a passport, employees of the Ministry of Internal Affairs make errors in writing the full name or in digital data. To receive a new passport with the correct information, it is not enough to return it to the place of receipt. You will need to attach another document to the submitted application, in which all the necessary data is indicated correctly.

Error: Contacting law enforcement agencies if your passport is stolen a few days later. Immediate application to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs is not a mandatory condition, and this will not make the state duty less. But if you contact the police immediately, immediately after the theft, after writing a statement, you will be issued a ticket with a date. If the passport is stolen intentionally and used for criminal purposes, for example, to obtain a loan, you can prove your non-involvement in this. The coupon will also be useful when submitting a package of documents - it can be attached to the submitted papers.

Rating
( 2 ratings, average 4.5 out of 5 )
Did you like the article? Share with friends:
For any suggestions regarding the site: [email protected]
Для любых предложений по сайту: [email protected]