You can find out whether your child needs a registration for school, and how to apply for temporary registration for admission, as well as whether your child will be accepted into a kindergarten other than his place of registration, and how to get into a group without registration, on our website.
Legal requirements
What laws provide for liability for a child staying without registration and residence permit?
Responsibility for the lack of registration of a minor is provided for by the Code of Administrative Offenses of the Russian Federation .
Is there a fine for a child not having a residence permit? Lack of registration or late registration is considered an administrative offense and not a criminal offense . That is why responsibility is spelled out in the Code of Administrative Offences.
Find out on our website how to register a child at the place of residence of the father or mother, whether it is possible to register him separately from his parents, for example, with his grandmother, and also where to register a child if the parents are not married.
Questions
There are still issues that need further clarification.
When was the apartment sold?
If a citizen has sold an apartment, he has the right not to register in it for the entire period until all documents are ready, as well as while he makes repairs and other manipulations.
This is especially true in cases where an apartment is purchased in a new building, and all documents for ownership, etc., are in the process of being processed.
On the other hand, a citizen can check out of his “old” apartment, sell it and immediately buy a new one, but not move into it for more than a year . As soon as he does this, within 7 days he must notify the FMS about moving to a new address. Issue a fine under Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation for a long absence he has no rights.
What kind of liability is there?
Having considered various cases, each of which may arise in practice, one can understand what responsibility awaits violators of registration rules. Are there differences in each specific case?
What happens if the child is not registered after birth? The absence of any registration of a minor is punishable by a fine of 2 to 3 thousand rubles. This rule is set out in Art. 19.15.1 Code of Administrative Offences.
If a child is not registered anywhere, what fine does the parents face? This situation may arise if the newborn is not registered at the place of residence or temporary stay.
She threatens the minor's representatives with the same punishment in the amount of 2 to 3 thousand rubles . In addition, problems will definitely arise with obtaining a TIN and other documents.
What is the penalty for late registration of a child? Overdue registration promises parents financial reprimand according to the Code of Administrative Offences.
It is worth noting that in practice a small number of people who miss the deadline are punished. Most often, these are those who seriously violated deadlines.
However, it is still worth registering your child on time, since in addition to punishment, other difficulties will arise.
The child is registered, but does not live. If the child is registered in a place where he does not actually live , then this is not automatically punishable. It is important to consider where exactly the baby lives.
If in the same locality or subject of the Russian Federation, then no problems will arise. Otherwise, to avoid a fine, you must obtain at least temporary registration .
The child does not live at the place of registration.
If the baby is registered in the locality in which he actually lives , but in a different residential area, then no problems will arise.
The same rule applies within one subject of the Russian Federation or a city of federal significance. If he actually lives outside the borders of this subject, then problems may arise . The rule is based on the note to Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation.
Read on our website about whether there is a difference when applying for child registration under different forms of home ownership.
Important nuances
In order to protect yourself in the future from fines due to ignorance of laws, registration rules, and other reasons, it is important to understand that the process of registering a child’s permanent and temporary registration is somewhat different depending on the type of home in which he will be registered.
For example, you can register a child in a privatized apartment of the parents or one of them without the consent of third parties, provided that they are also registered in this apartment and have documents confirming this fact. Similar rules apply when registering in a social rental apartment. But when registering a child in housing taken with a mortgage, it is important to carefully study the bank agreement. It may include clauses that register another person and give the bank the right to litigate. If there are no such clauses in the contract, the migration service is usually provided with papers on property rights, a mortgage agreement, and parents’ passports.
Postponement of registration
Is there a deferment for completing registration without paying a fine? It is quite difficult to answer this question unambiguously. In order to avoid a fine, if a child does not have a registration, it is necessary to provide evidence that the absence was allowed for a reason beyond the control of the offender.
For example, registration was planned for a new apartment , the registration time for which was delayed. Or some document is missing to obtain a residence permit and it needs to be restored.
Often no fine is imposed if the parents can justify the reason for the delay. It is desirable to have documentary and other evidence.
A deferment can be granted, and is often the case when necessary.
You can find out how to deregister a child in order to register him in a new place, as well as whether you need to obtain the consent of the owner of the premises to register the child on our website.
Legislative basis
Everything that a citizen of the Russian Federation does must comply with the norms of current legislation. The Civil and Family Codes of the Russian Federation, as well as Law No. 5242-1, issued on June 25, 1993 (as amended as of April 3, 2021), regulate the sphere of life of citizens related to their movement around the country and registration with temporary or permanent registration .
According to the above legal acts:
- a child must have a residence permit, just like an adult. Registration is carried out at the place of residence of his father, mother or guardian;
- until the child is 14 years old, he lives with his parents or guardians and is registered with them;
- in adolescence (after 14 years) he has the right to register separately from his parents, but only with the written permission of his father and mother;
- a teenager (after 14 years of age) personally applies for registration. In this case, parents must give personal consent to this procedure or submit a notarized document.
Note! Parents can register their child in the housing where they live without being the owner of the property. The main condition is that the mother or father must have a residence permit in this apartment.
Appealing a fine
If there are doubts about the legality of imposing a fine, then theoretically it can be appealed. However, it is unlikely that such censure will be applied without reason.
The result of the appeal will most likely not bring the desired effect . In addition, filing a claim in court requires payment of a state fee, as well as significant time costs.
Find out from our articles about how to register the birth of a child in the registry office, in what time frame it is necessary to register a newborn at the place of residence or stay, whether this can be done through the MFC or State Services, and what documents are required for the procedure.
How to appeal an administrative protocol
If the employees of the Migration Department or the passport office decide to draw up an administrative protocol, then you can write “I do not agree” in the protocol and list your own arguments:
- The protocol was drawn up with violations - the time and place of the offense were not reliably indicated. The time must reflect the moment the child is at the specified address, that is, the day of arrival, which the passport office employees can only find out from the words of the parents.
The place where the offense was committed is the specific residential premises in which the child lives, and not the premises of the passport office. The protocol must be drawn up at the place where the offense was committed.
- There is no significant evidence - testimony from neighbors or the results of an inspection by a local inspector. The date of issue of the birth certificate is not proof of residence at the specified address from that date.
You can challenge the protocol by writing a statement to a higher-ranking boss up to the ministry level: the head of the Migration Department, the head of a city or district police department, the head of a regional (territorial) police department, or the Ministry of Internal Affairs.
You can submit an application to the authorities supervising the observance of citizens' rights - to the city, district, regional or General Prosecutor's Office in order, if you do not agree with the decision made.
The most effective method is to file a claim with the courts, since in practice the prosecutor’s investigation can last several months, and departmental heads at the Internal Affairs Directorate prefer to answer in the following form: “if you are not satisfied with this decision, go to court.”
See how to apply for temporary registration. Where can I apply for permanent registration? Find it at the link.
Lost document
What to do if you have lost your child’s registration?
If a child’s registration document is lost, parents can contact the registration authority to have it restored .
To do this, you will have to write an application and provide the papers requested by the responsible employee.
You can learn how to obtain a child registration certificate using Form No. 8 or a certificate of place of registration using Form No. 9 from our articles.
Thus, for the lack of registration or failure to obtain it in a timely manner, the parents of a minor face a fine . This is provided for in Article 19.15.1 of the Code of Administrative Offences.
In order to avoid a fine, it is necessary to complete all documents for the child correctly and in a timely manner.
Procedure
The registration will be issued quickly and within the designated period if the correct actions are taken by the document submitters. Procedure:
- taking a birth certificate from the maternity hospital;
- taking a birth certificate;
- an extract from the house register and its certification by the housing office or the village council;
- provision of a certificate with stamps on the personal account from the utility company.
The next step is to contact the passport office for registration.
What to do if refused?
In accordance with the law of the Russian Federation, parents cannot be denied registration. Registration occurs regardless of the area of the home.
But there is one reason for refusal - insufficient number of documents. Everything else is illegal actions that can be legally challenged.
