Last update: 12/17/2020
“There is nothing more permanent than temporary” - such a humorous saying has long taken root among the people. But with regard to “registration” (registration at the place of residence or stay), this saying does not work. Here, the concept of “temporary” or “permanent” not only denotes the validity period of registration, but also (importantly!) determines the rights and privileges of registered citizens. A list of differences between temporary and permanent registration is shown below.
“registration” itself is used only in everyday life; it has been firmly established in the colloquial language since the times of the Soviet Union. But legally such a concept does not exist. Officially this is called "registration" . But since the Russian folk language cannot be defeated, we will continue to mention the familiar “registration” to everyone.
REFERENCE: The norms and rules for registration of citizens are regulated by the Law of the Russian Federation of June 25, 1993 N 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” and the Government of the Russian Federation of July 17, 1995 N 713 “ On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation..."
The executive body (department) that deals with issues of registering citizens and deregistering them is the Department of Migration Affairs of the Ministry of Internal Affairs of the Russian Federation (Department for Migration Issues of the Ministry of Internal Affairs of the Russian Federation). Previously, this was handled by the Russian Federal Migration Service (Federal Migration Service - abolished in 2021).
What is the basis of security when buying and selling an apartment - see this article.
Differences between registration by place of residence and place of stay
Registration at the place of residence is often called “propiska”, but this is a relatively outdated term that is no longer used in many places. It is definitely not in the 2022 regulations. But “permanent registration” is common. Permanent registration is confirmed by a special mark that is placed in the passport. Thus, permanent registration at the place of residence is usually carried out in relation to real estate that is owned by a person.
Where you stay is a little different. Typically, a citizen registered here is not the owner of the property, but is in it on a temporary basis. For example, he rents a house. Moreover, you can register at your place of residence regardless of what type of permanent registration a person has at your place of residence. They run parallel and independently of each other.
Registration at the place of stay is not recorded in the passport with a special stamp, but the person who receives it is issued a certificate. Temporary registration allows you to quickly find a citizen if for some reason he does not live in his home. For example, he left to work or study in another city.
Place of residence is the place where a citizen of the Russian Federation is actually located. It may be identical to the place of registration or stay. The Main Directorate for Migration Affairs of the Ministry of Internal Affairs must be notified that the place of residence has changed. A week is given for this after the move. If a citizen will live here for more than 90 days, then registration should be completed. You can register at your place of stay or residence in 3-8 days. The exact timing will depend on how the documents were submitted.
Two registrations at the same time
Is it possible to have two registrations? As noted earlier, it is impossible to have a permanent residence at two addresses at the same time .
There is only one stamp in the passport, and the citizen is assigned a single residential address.
In addition, an registration card is also created at the territorial branch of the FMS, which indicates the same address as in the passport.
You can only live in Russia for 7 days . Anyone who does not have a stamp for longer will be punished by a fine (Article 19.15.1 of the Code of Administrative Offenses).
Is it possible to register temporarily and permanently at the same time? Having a permanent one, you can, without deregistration, simultaneously register at the address of your actual residence . You can register immediately upon arrival at a new place, or after 90 days.
Starting from 91 days, the absence of a residence stamp is considered an administrative violation . Moreover, punishment threatens not only the tenant, but the owner of the property (Article 19.15.1 of the Code of Administrative Offenses). Temporary registration can be obtained by personal application in the presence of the owner of the residential premises.
To register in rented housing, it is possible to provide a notarized tenancy agreement. In this case, the presence of the owner is not required, since his signature is on the document. Registration is issued for the duration of the lease agreement.
Consent of other residents for registration at the place of residence
How easy it is to obtain registration in an apartment at your place of residence depends on whether it is your apartment or not. If a person cannot even claim a share in an apartment, he will be able to register in it only after permission has been received from all owners. Moreover, consent must be formalized. The owner and other people registered in the apartment must personally attend the reception at the registration authorities, or give someone else a notarized consent to the procedure in question.
Sometimes a citizen rents housing in a state or municipal fund and has a child. In this case, a rental agreement, social lease, use (free of charge) is concluded. If this is your case, there is no need to take permission from other employers. It’s another matter if the name of the employer does not appear in the contract. Then registration will be possible only in a number of cases:
- registration of the employer's child is required (provided that the child is under 14 years of age);
- another member of the tenant’s family must be registered, and there are no objections from other parties to the rental agreement and the landlord.
It is important that during registration, the consent of the landlord and his family members is expressed in personal presence. This applies even to a child who is 14 years old. Sometimes it may be necessary to draw up an additional agreement to the rental agreement if a child under 14 years of age is registered.
When is which procedure required and why?
Permanent registration is required for all citizens , as well as for those who wish to move for permanent residence to another city or region. This is useful when:
- sale or exchange of an apartment;
- moving to a new place of residence.
Temporary registration is necessary if a citizen, even with permanent registration, is forced to move to another home. It's connected with:
- temporary relocation;
- business trips;
- change of job;
- temporary residence (with parents).
Those who do not have permanent registration in the Russian Federation are also required to register through government service centers to control the movement of citizens. Registration makes it possible to legally stay on the territory of the state and carry out work activities.
Temporary registration is available to residents and non-residents of the country. If you change your location for more than 3 months, you need to register with the registration authorities. When changing your permanent place of residence, a new registration is issued . The law does not prohibit having temporary registration at the same time as permanent registration.
Both permanent and temporary registration have their purpose, which is determined at the legislative level. They have a number of differences, but they have one goal: to control the migration of citizens and their location. Therefore, violations when registering the immediate location of citizens are punishable by law.
We invite you to read our other articles on the topic, from which you will learn what fictitious registration is, as well as whether it is possible to register in a studio, apartment, and whether it is permissible to live without registration at the place of residence.
Documents for registration at the place of residence
To obtain a permanent type of registration in an apartment or house where you have the right of residence, you will need to collect documents for registration. First of all, you must have a passport to prove your identity. Next, you need to collect papers that can be considered the basis for obtaining registration.
For example, if the applicant has an apartment, he only needs to present a certificate of ownership of the property. He will be able to obtain a permanent registration. If you are renting a home, a tenancy agreement for the right of temporary registration is sufficient. Sometimes a court decision can be used, which confirms the person's right to use the housing in question.
Also, if one of the registered persons is a citizen over whom guardianship or guardianship has been established, an act from the guardianship authority is needed stating that the guardian has been officially appointed. You will definitely need an application, which is drawn up according to Form No. 6. You can fill out this form in person when you get an appointment, or by using the State Services portal. Then the form will be filled out online.
The format for registering a minor who is not yet 14 years old is slightly different. The child's legal representative (his parent or guardian) must collect a slightly different list of documents. Including the following papers:
- Instead of a passport, you will need to prepare a birth certificate;
- parents/guardians must confirm their identity with a passport (other identical document);
If guardianship has been established over the child, you will have to present a certificate from the guardianship authorities. Also, some documents must be collected by the owners of the property (if the applicant himself is not the owner of the property and his name is not in the rental agreement). They must also provide proof of identity and ownership of the property.
Where to apply for registration
Place of residence and registration must be registered. Once you have collected your documents, you should submit them to the correct address. You can do this in several ways, choosing the one that is most convenient in your case:
- using the State Services portal;
- through, selecting the area where the house or apartment is located;
- by contacting the management company, having first made sure that the range of its services includes the tasks of the passport office;
- residents of Moscow, more precisely Troitsky and Novomoskovsky admin. districts can register to submit documents to the MFC through the mos.ru portal.
Usually, the virtual option of submitting residence documents is more preferable, since then you will only have to take time off from your affairs once - to pick up the documents. Another thing is personal presentation. First you go to submit documents, then to pick them up. If you are not the owner, you will have to submit documents not only yourself, but also taking with you all the owners of the property.
Online submission is more convenient in this sense because it takes less time. The application will be processed within three days after submission. Then the applicant will be invited to put a stamp stating that you have a residence permit in the house. If the registration is temporary, you need to invite not only the applicant, but also people who are ready to temporarily share with him a living space that their new neighbor has nothing to do with (does not own it).
When visiting in person, you need to take all the documents listed above. In particular, a passport, certificate of ownership and other documents confirming claims for housing. An additional lease agreement may also be required for state or municipal property, even if we are talking about temporary registration.
In addition, it is important to draft the application correctly. You can fill it out according to the following example.
Register for a child
The permanent registration of children under 14 years of age corresponds to the place of registration of their parents or guardians. This is also true for incapacitated citizens. To register children and incapacitated citizens, the consent of the homeowners is not required, provided that the child’s guardians are already registered there. This eliminates the need for homeowners to visit a government agency when submitting an application.
Moreover, it is not necessary that both parents have the right of residence. But when the second parent is registered at a different address, his consent is required for the operation. When registering a child, you should not put a mark in his personal documents; in return you will receive a certificate. But for children over 14 years of age, the procedure is identical to registration for adults.
Rights of registered
After permanent registration in a certain living space, a person receives the right to live indefinitely at this address.
He can be discharged solely on the basis of a personal statement.
In this regard, the owner of the premises may have problems. If the registered person does not want to voluntarily deregister, he can only be discharged through the court.
But even with strong arguments and irrefutable evidence, it is not always possible to obtain a positive court decision on this issue.
The exception is the registration of a minor child together with one of the parents. The owner's consent is not required for this procedure.
You can learn about what registration in a privatized apartment provides, as well as what the risks and consequences are when registering as a stranger in the apartment, from our articles.
Temporary registration differs from permanent registration in a limited period . After this period, the document loses its validity and the paper is canceled automatically . There is no need to take any discharge steps in this case.
A person can live on the territory of the apartment where he is registered only for the period of validity of the document . The homeowner, at his own discretion, can cancel the document at any time by submitting an application to the FMS office. Objections to what is prescribed will not be taken into account.
Read our article about what temporary registration of a person can mean for the owner of an apartment.
Apply for registration for a student and military personnel?
Temporary registration of citizens of the Russian Federation may be required for military personnel and students. Military personnel can be registered not only at their place of stay, but also at their place of registration. True, everyone is registered at their place of residence on a general basis, except for sailors, sergeants, conscripts and soldiers. Registration at the place of stay can be obtained by military personnel who have a vacation ticket or travel certificate. But only on condition that the business trip lasts more than 90 days. Contract servicemen, officers and conscripts can be registered on the territory of a military unit. Their family members can receive the same registration.
Full-time students of universities and vocational schools who live in a dormitory during their studies must register here. In order for temporary registration to be carried out correctly, you need to contact the official authorized to accept such applications. You must register within three days of receiving a place in the hostel.
Legal personality of citizens (individuals)
1. An individual (citizen) as a subject of civil law is an individual who acts as a person endowed with civil legal personality.
Individuals are subjects
who have
the right to Russian citizenship
, as well as
foreign citizens
and
stateless persons
, unless otherwise provided by federal law.
Civil legal personality, which includes the legal capacity
and
capacity
of a citizen, has a high status significance and refers to the inalienable constitutional rights of citizens.
The Civil Code (Article 22) establishes the inadmissibility of depriving and limiting the legal personality of citizens
: “No one can be limited in legal capacity and capacity except in cases and in the manner established by law.”
A citizen’s complete or partial renunciation of his legal capacity or legal capacity is also not allowed (and transactions aimed at this kind of restrictions, since this is not allowed by law, are void
).
2.
Civil legal capacity, which is part of legal personality, is recognized equally
for all individuals
.
Legal capacity arises at the moment of birth of a citizen and ends with his death
(Article 17 of the Civil Code).
The main content of legal capacity
(the ability to have subjective civil rights) of individuals is far from exhaustively defined by civil legislation (Article 18 of the Civil Code):
- have property on the right of ownership;
- inherit and bequeath property;
— engage in any (including entrepreneurial) activity not directly prohibited by law;
- participate in legal relations, make transactions, have the rights of the author of the work, etc.
3.
The legal capacity of a citizen is realized in relations with other subjects of law.
Participation of a person in civil legal relations is impossible without individualization
of the subject.
Legal capacity becomes such only for a subject distinguishable from other persons. In civil law, the general means of individualizing
citizens are:
a) name
citizen;
b) place
residence of the citizen.
4. The citizen’s name includes the surname and first name, as well as the patronymic,
unless otherwise follows from the law or national custom. A citizen is given a name immediately after birth.
A citizen (and no one else) acquires and exercises rights and obligations under his own name
.
Acquiring rights and obligations under the name of another person is not permitted. In cases and in the manner prescribed by law, a citizen may act under a fictitious name - a pseudonym
. In accordance with the Civil Code, pseudonyms can be used by authors of works, performers, etc.
Name
, received by a citizen at birth, as well as
a change of name
made in the manner prescribed by law,
are subject to registration
in accordance with the Law on Civil Status Acts.
A citizen’s change of name is not grounds for termination or change of his rights and obligations acquired under his former name. A citizen is obliged
to take the necessary measures to
notify
his debtors and creditors about the change of his name and
bears the risk of consequences
caused by the lack of information from these persons about the change of his name.
The name of a citizen is not only a way of individualizing him as a participant in legal relations. The right to a name is a personal non-property, inalienable right of a citizen
and is protected by law.
The name of an individual or his pseudonym may be used by other persons
in their creative activities, entrepreneurial or other economic activities in ways that preclude misleading third parties regarding the identity of citizens, as well as precluding abuse of law in other forms. When a citizen’s name is distorted or when a name is used in ways or in a form that affect his honor, diminish his dignity or business reputation, the citizen has the right to demand a refutation, compensation for the harm caused to him, as well as compensation for moral damage (Article 19 of the Civil Code).
5. Place of residence - the place where a citizen permanently or primarily resides.
The place of residence of minors under 14 years of age and guardians is the place of residence of their legal representatives - parents, adoptive parents, and guardians, respectively. A citizen who has provided creditors, as well as other persons, with information about his other place of residence, bears the risk of the consequences caused by this (for example, when fulfilling obligations, etc.).
In some rare cases in civil legal relations, other properties and characteristics of a citizen are also important - citizenship, gender
,
marital status
, etc. These features are additional in nature and do not generally affect the legal essence of an individual.
6. Legal capacity
of a citizen arises from the moment of his birth and ends with his death.
Legal capacity
, as a kind of civil legal independence, in an individual (as opposed to a legal entity) is formed and matures gradually, step by step, with periods of growing up of a citizen and his formation as an individual.
There are three such periods (stages) in the formation of citizens’ legal capacity:
1) manifestation of legal capacity in minor citizens (under 14 years of age);
2) partial legal capacity of minor citizens (from 14 to 18 years old);
3) full legal capacity of citizens (over 18 years of age).
The named stages of formation of the legal capacity of citizens are also called types of legal capacity.
7.
In relation to
minors
, i.e.
For citizens under 14 years of age, the general rule applies - these subjects do not have legal capacity
. Transactions for them on their behalf can only be made by legal representatives (parents, adoptive parents, guardians). These representatives are also responsible for harm caused by the actions of minors.
At the same time, the Civil Code (clause 2 of article 28) establishes certain exceptions
from this general rule regarding the incapacity of minors.
Minors aged 6 to 12 years
have some minor
manifestations
of legal capacity and have the right to
independently
perform:
- small household transactions;
— transactions aimed at obtaining benefits free of charge, which do not require notarization or state registration;
- transactions for the disposal of funds provided by legal representatives or other persons for a specific purpose or for free disposal.
Any actions of minors under the age of six (for example, causing harm to third parties) entail legal consequences exclusively for the legal representatives of these citizens.
8. Minors
Citizens aged 14 to 18 years
have partial legal capacity
.
The initial, basic rule for this group of subjects: minors aged 14 to 18 years can make transactions with the written consent (including subsequent consent) of their legal representatives
(parents, adoptive parents, trustees).
From this general rule, civil law provides for a number of exceptions. In particular, minors aged 14 to 18 years have the right to independently
, without anyone's consent:
- manage your earnings, scholarships and other income;
— exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law;
— in accordance with the law, make deposits in credit organizations and manage them;
- make small household and other transactions that minors have the right to make.
Minors bear their own financial responsibility
on your transactions.
However, in cases where minors aged 14 to 18 years do not have income or other property sufficient to compensate for harm, the harm must be compensated in full or in the missing part by their parents (adoptive parents) or guardian
.
The partial legal capacity of minors in some cases may be even more limited: if there are sufficient grounds, the court
at the request of parents, adoptive parents or a trustee or a guardianship and trusteeship body,
may limit or deprive a minor of the right to independently dispose of
his earnings, scholarship or other income.
9.
Upon reaching the age of 18, a citizen acquires
full legal capacity
. This is full civil majority, allowing a person to freely and independently acquire rights and fulfill responsibilities in the entire spectrum of relations in the field of civil law.
The considered stages of the gradual, step-by-step formation of a citizen’s full legal capacity are a general rule, to which there are exceptions
.
There are four
such exceptions .
First.
Before reaching the age of 18,
a citizen acquires full legal capacity as a result of
marriage
(if a marriage is declared invalid, the court
may
decide that the minor spouse loses legal capacity from the moment determined by the court - paragraph 2 of Article 21 of the Civil Code).
Second. Emancipation
, i.e.
declaration (by decision of the guardianship and trusteeship authority or, in the absence of parental consent, the court) of a minor who has reached the age of 16, fully capable
if he works under an employment agreement or contract, and also if he, with the consent of his legal representatives, is engaged in entrepreneurial activity.
Third.
Citizens who, due to a mental disorder,
cannot understand the meaning of their actions or control them,
may be
declared incompetent by the court.
Guardianship
is established over them and the guardian makes transactions on their behalf.
Fourth.
Civil legislation allows for the possibility
of limiting legal capacity
for two groups of adult individuals:
1) citizens who, due to addiction to gambling, alcohol or drug abuse, put their family in a difficult financial situation
;
2) citizens who, due to a mental disorder
can understand the meaning of their actions or manage them
only with the help of other persons
.
Guardianship is established over citizens whose legal capacity is limited by the court.
.
Transactions (with the exception of small household and other similar ones expressly specified in the Civil Code) of such persons require the written consent of the trustee
. At the same time, citizens whose legal capacity is limited, as a general rule, independently bear property civil liability.
If the grounds on which the citizen was limited in legal capacity no longer exist, the court cancels the restriction of his legal capacity. Based on the court decision, the guardianship established over the citizen is also cancelled.
10.
The bankruptcy law allows for
the bankruptcy of a citizen
.
An application to declare a citizen bankrupt is accepted by the court, provided that the claims against the citizen are at least 500 thousand rubles.
and these requirements are not fulfilled within
three months
from the date on which they should have been fulfilled. The right to apply to the court to declare a citizen bankrupt belongs to the citizen, the bankruptcy creditor, and the authorized body. Bankruptcy legislation regulates in detail the procedure for declaring a citizen bankrupt, balancing the protection of the interests of the insolvent citizen and the implementation of property rights by the creditors of this citizen.
11.
As already noted, the legal capacity and capacity of a citizen are expressed, among other things, in his right, from the moment of appropriate
state registration, to engage in entrepreneurial activity
individually without forming a legal entity.
The rules of civil legislation on legal entities that are commercial organizations apply to these citizens acting as individual entrepreneurs
Regardless of the acquired status of an individual entrepreneur, a citizen remains a citizen. An individual and as an individual entrepreneur participates in civil transactions under his own name. An indication in an agreement or other transaction that a citizen is or is not an individual entrepreneur is not necessary; it does not determine the essence of the emerging civil legal relationship. The main thing is an objective description of the relationships into which a citizen enters. Entrepreneurship as an element of the subject of civil law regulation is defined by Art. 2 GK. Based on the characteristics of commercial activity, it is necessary to analyze the content of a specific civil legal relationship and establish the goals that a citizen pursues when entering into certain economic relations. Only these properties make it possible to qualify legal relations as entrepreneurial, establish the grounds and procedure for the property liability of an individual entrepreneur, determine the jurisdiction of disputes arising during the conclusion and execution of contracts, etc.
The basic provisions on the commercial status of an entrepreneur also apply to peasant (farm) enterprises operating without forming a legal entity.
An individual entrepreneur who is unable to satisfy the demands of creditors may be declared insolvent (bankrupt)
. The specification of the rules on declaring an individual entrepreneur insolvent is contained in paragraphs 4, 5 of Art. 25 of the Civil Code and in special legislation on bankruptcy.
Registration documents in one package when changing place of residence
After you have changed your place, you need to mark your new residence by contacting. In this public services center you can complete the entire package of documents and receive a variety of services:
- use parking after receiving a resident residence permit;
- receive a subsidy for housing and communal services, as well as transfer recalculation of payments for housing and communal services;
- accept applications for pension delivery, pension file request, etc.;
- military personnel can receive a document about changes in military registration;
- obtaining benefits for citizens who may qualify for them.
These services can only be received after a registration mark has been placed on the document. You can find out more about what rules and features when preparing documents on the official website of government services or by making a request to the help desk of the Russian Federation. For Moscow this is the phone number +7 (495) 777-77-77.
How to get permanent registration if you have no housing
In the Russian Federation, not all citizens have permanent registration, but many need it. According to the norms prescribed in the Constitution of the Russian Federation, all citizens have the right to housing. This obliges the state to help people who do not have housing and cannot earn it themselves. Of course, no one will buy apartments for everyone. Typically, such programs are intended for citizens who are left homeless. For example, after a dilapidated house is resettled or if we are talking about a large and low-income family.
Sometimes you can take out a mortgage, pay maternity capital as a down payment on an apartment, apply for a subsidy, etc. You don't have to buy a whole apartment. You can also get a permanent registration if you only bought a room in an apartment or an inexpensive house in the village. Therefore, it is much safer for a citizen to take care of his own home, where he can obtain the right to reside. Temporary registration, of course, can help out in some situations, but it is associated with some risks. Although having temporary registration allows you to use all basic government services.
You can get legal assistance on registration or residence registration issues on our website.
