How to avoid a fine for an expired passport
To prevent penalties from being applied to you, it is enough to comply with the deadlines for replacing your passport established by law. You must receive a new document to replace the old one upon reaching 20 and 45 years of age. The duration of the event is 90 days from the date of the corresponding birthday. Until the specified time expires, the validity of the old passport continues.
Another reason for changing a passport is a change in personal data. Usually we are talking about changing the surname after marriage. 30 days are allotted for this. But in most cases, such a situation is not accompanied by problems with expired passports, since the replacement of the document is carried out by the registry office employees, so a new document is issued directly during the marriage registration procedure.
Other reasons for replacing a passport are:
- damage to a document;
- its loss or theft;
- serious changes in appearance - beyond recognition compared to the passport photo.
Do not forget about the need to obtain a passport after reaching the age of 14. In this case, there is no question of an expired document, but administrative liability in the form of a fine is quite possible. The same 90 days are allotted for obtaining a passport.
It is important to note that until mid-2021, in each of the above cases, noticeably less time was allotted for receiving a document - exactly a month. But recently amendments to the current legislation came into force, which softened the temporary requirements for replacing an expired passport.
How to pay a fine
If an offense has been committed, it makes sense to consult with a competent lawyer. It is quite possible that it will be possible to challenge the imposed sanctions, for example, due to non-compliance with the procedure or the expiration of the statute of limitations established for such offenses.
When it is not possible to cancel the decision on a fine, you must pay it, for which 60 calendar days are allotted. For this, various methods are used - from visiting a bank cash desk to using various online services.
Failure to pay or untimely payment of a fine results in a doubling of the amount and several additional penalties - 50 hours of community service or administrative arrest for up to 15 days.
Who is not responsible
Legislative acts stipulate cases in which persons who fail to register on time are not subject to administrative liability:
- Children, spouses and parents living together;
- Those who do not live by registration within the boundaries of the locality where registration is registered;
- Those who do not live by registration within the borders of the subject of the federation where registration is registered.
These categories of citizens do not violate the law, and any infringement of rights due to missing registration may serve as a reason for legal proceedings.
Amount of fine for expired passport
The amount of sanctions is regulated by the provisions of Article 19.15 of the Code of Administrative Offenses of the Russian Federation. For residents of Moscow and St. Petersburg, the fine is 3-5 thousand rubles, and for other regions of Russia - 2-3 thousand rubles. The following circumstances serve as grounds for reducing the penalty:
- sincere repentance;
- voluntary elimination of negative consequences;
- objective circumstances of the delay;
- compensation for possible damage, etc.
The maximum penalty is imposed in the presence of aggravating circumstances. These include: multiple violations, refusal to promptly replace an expired document even after a violation has been identified, missing a replacement date due to drug or alcohol intoxication.
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:
- Federal Law No. 109 “On Migration Registration”;
- Government Decree No. 9 of January 15, 2007
- 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.
Validity of an expired passport
An expired document remains valid for the period provided to the owner for replacement. The figures for each specific case are given above - usually we are talking about either 90 or 30 calendar days.
The additional time during which sanctions cannot be applied to the owner of an expired passport is the period of production of a new document. Today it is 10-30 days from the date of application and depends on the specific region.
State authorities plan to reduce this time to 5 working days, that is, a calendar week, starting in mid-2022.
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.
Replacing an expired passport
The current procedure for replacing a passport in case of delay is quite simple and understandable. It involves several sequential actions.
What you need
First you need to create a package of necessary documents. It includes:
- old passport;
- application for a new one;
- a document confirming payment of the state fee (its amount is 300 rubles for the standard procedure and 1.5 thousand rubles when replacing a lost or damaged passport);
- two standard size photos (35*45 mm);
- registration documents (temporary or permanent);
- military ID (for men);
- marriage certificate (for married and married);
- birth certificates of children (if any).
Replacement procedure
The replacement procedure involves submitting the collected set of documents to the territorial division of the Ministry of Internal Affairs. You can do this in one of three ways:
- by directly visiting the so-called passport office;
- through the State portal src=»https://f.sravni.ru/cms/uploads/2021/11/125634-2-1024×557.png» class=»aligncenter» width=»1024″ height=»557″[ /img]
- during a visit to one of the many MFCs.
Possible problems and nuances
The most common problem in the process of replacing an expired passport with a new one is incompleteness or errors when filling out the submitted documents. If they are discovered, you need to correct the shortcomings and re-apply for a new passport. In such a situation, the countdown for its registration begins anew.
Reasons for replacement and who may be refused
The list of situations in which the obligation to replace a passport arises is given above. The basis for replacing a passport is a personal application from a citizen, drawn up in the prescribed form, accompanied by a package of necessary supporting documents.
Refusal to accept documentation is possible in the following cases:
- incompleteness or incompleteness of the documents submitted by the applicant;
- inability to identify the identity of a citizen of the Russian Federation;
- non-compliance of photographs with established requirements;
- lack of personal appeal from a citizen, etc.
List of grounds for refusal to replace a passport:
- lack of Russian citizenship;
- unreliability of the information provided by the applicant;
- valid status of current passport;
- non-payment of state duty.
The legislation provides for the possibility of suspending the service of replacing an expired passport. It is implemented in practice if a citizen does not appear within three days after an invitation to an appointment at the relevant department of the Ministry of Internal Affairs to provide the originals of the necessary documents when submitting an application through the State Services portal.
FAQ
When is a passport replacement required?
The passport of a Russian citizen is subject to mandatory replacement upon reaching the ages of 20 and 45 years, as well as in a number of additional cases:
- change of surname upon marriage or for other reasons;
- loss or theft of a document;
- serious change in appearance;
- damage to passport.
How long does it take to replace an expired passport?
If the passport is changed at the age of 20 and 45, 90 calendar days are allotted for this. In other cases – 30 days.
What are the consequences for a citizen of using an expired passport?
Failure to comply with the requirement to replace a passport within the established time frame results in administrative liability and, as a consequence, a fine. Its value is 3-5 thousand rubles. (for residents of two capitals) and 2-3 thousand rubles. (for Russians from other regions of the country). Do not forget about other possible problems with using an expired passport - the inability to complete real estate transactions, most financial transactions, obtaining loans, etc.
Where should I go to renew my passport?
The departments of the Ministry of Internal Affairs responsible for resolving migration issues are responsible for directly replacing passports. But you can apply for a replacement in two alternative ways - through the State Services portal and at the MFC. Moreover, the second option is also suitable for obtaining a new passport.
What documents are required for this?
To obtain a new passport, you must fill out an application. Attached to it is an old document, two photos, a document confirming the state duty paid, marriage and birth certificates, and a military ID (for men).
If there is nowhere to register
Lack of registration is an obstacle to a full life.
According to the law, a passport without a registration stamp is valid, but a citizen with such a document will face many obstacles in the following cases :
- seeking medical help;
- registration of a foreign passport;
- registration of SNILS;
- vehicle registration;
- registration with tax authorities;
- apparatus employed;
- obtaining a loan from a bank;
- registration of pension;
- receiving social benefits.
According to the law, the absence of a residence stamp in your passport should not be an obstacle to going to a clinic, bank, or getting a job.
However, practice shows that most often this still creates certain problems.
The Labor Code (Article 64) states that restrictions on hiring due to lack of registration are not permissible. But we all know that, for example, in Moscow, without Moscow registration, it is impossible to get a normally paid job. What can we say about the absence of any registration at all?
No registration means you can’t get a loan , since the bank’s security service will not risk allowing a person without a specific place of residence to take out a loan.
According to the rules, it is also possible to enroll a child in an educational institution without registration, but citizens living in the area where the educational institution is located have a priority right to enroll in the queue. So your child may not wait in line.
Therefore, it is advisable to contact relatives or friends who will agree to register you in their living space.
If there are none, you can try to contact intermediaries who can help you register for a certain fee in order to avoid unnecessary problems.
Conclusion
- A passport is a basic document confirming the identity of a citizen of the Russian Federation.
- It is first issued at the age of 14 and requires replacement at least twice more - upon reaching 20 and 45 years.
- 90 calendar days are given for this.
- Continued use of an expired passport results in a fine and the inability to carry out financial transactions, real estate transactions and a number of other actions.
- Passport replacement is carried out by territorial divisions of the Ministry of Internal Affairs.
- To receive a new passport to replace an expired one, you need to submit an application and attach a set of supporting documents to it.
- The documentation package is submitted in one of three ways - directly to the Ministry of Internal Affairs, through the State Services portal or to the MFC.
