Moving from one apartment to another is permanently recorded with a new stamp, which is placed in the passport or registration certificate. Only representatives of the Ministry of Internal Affairs located at the place of new registration have the right to take such actions.
The registrar is given from 7 to 14 days to check the documents, depending on the circumstances specified in the registration rules. If the applicant has submitted documents for temporary registration, it is not necessary to change or cancel the stamp in the passport, since temporary registration can be issued simultaneously with permanent registration.
Regulatory framework
All aspects of citizen registration are regulated by the following documents:
- Federal Law “On the right of citizens of the Russian Federation to freedom of movement...” of June 25, 1993.
- Decree of the Government of the Russian Federation No. 713 of July 17, 1995 “On registration and deregistration of citizens...” and related Government Decree No. 809 of August 15, 2014 “On amendments to Decree... No. 713”.
- Housing Code of the Russian Federation. Art. 70-85 establish the procedure for registering residents in non-privatized apartments.
- The Code of Administrative Offenses (Article 19.15) lists sanctions for failure to register.
The system of all regulatory legal acts in the Russian Federation has a hierarchical structure, which in controversial situations presupposes the predominant action of those located above. At the very top of this structure are the articles of the Constitution of the Russian Federation; at the last stage - acts of local government bodies.
What fine is provided by law in the absence of registration?
Registration at the place of residence should be mandatory for all citizens of the Russian Federation. Only temporary registration is allowed, but at least some kind of place of residence must be marked. If it is not there, then two articles of the Code of Administrative Offenses of the Russian Federation come into force at once:
- Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation, paragraphs 1-2. Penalty for staying without registration. In Moscow and St. Petersburg it is 3-5 thousand, in other regions of the Russian Federation: 2-3 thousand rubles.
- Article 19.15.2 of the Code of Administrative Offenses of the Russian Federation, paragraphs 1-2. Penalty for late registration. Its size is identical to that described above: 3-5 thousand in Moscow and St. Petersburg and 2-3 thousand in other populated areas of the country.
Most often, one fine is imposed (either living without registration or violating registration rules), however, despite the fact that both options seem to be the same, sometimes both fines are imposed on an individual.
Example: A man sold his apartment and checked out of it. After that, he went to another city and, without registering, lived at the station. As a result, he decides to register after all, but more than 7 days have already passed and a fine of 2-3 thousand rubles is imposed on the person. An individual pays such money, but he can only register fictitiously, at a different address. He moves into a rented apartment, which is located in a completely different part of the city. After the next inspection, another fine is imposed on the person. This time for accommodation not at the place of registration in the same amount of 2-3 thousand rubles.
It should be noted that such a fine can be imposed on an individual more than once. In practice, after paying the fine, you are given about 7 more days to solve the problem (move out or register at your place of residence). If this is not done, a new fine will be imposed.
Problems with timely registration may involve more than just fines. Failure to pay may even result in litigation. At a free consultation, experienced lawyers will talk about the main controversial issues and related problems. They can represent the client’s interests in any situation, including a court hearing.
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Natalya Fomicheva
Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.
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Re-registration after discharge
Decree of the Government of the Russian Federation N809 establishes a seven-day period for re-registration at a new place of residence. This period assumes the necessary time for packing and moving. This procedure includes several stages:
Deregistration at the previous place of residence and filling out a departure form indicating the new address.- Waiting for registration within three working days and mandatory receipt of the appropriate stamp in the passport.
- Contact the passport office at the arrival area and follow a similar procedure to obtain a registration stamp. The wait can take up to two weeks if there is no departure certificate.
Advice. If possible, do not rush to check out of your apartment if you are not sure that you will have time to register at your new address within the time frame established by law.
In the same city, these processes can be carried out in parallel by requesting passport office employees to the Federal Migration Service at the previous address, followed by an extract.
Registration of foreign citizens
Temporary registration for foreign citizens is issued for five years. It must be completed within 7 days after moving into the apartment. Migrants must register without fail. After a citizen of another country has crossed the border of the Russian Federation, he fills out a migration card. Next, you need to draw up a rental agreement for housing on the territory of the Russian Federation. If the registration procedure was not followed, the non-resident may be refused.
The legislation establishes a specific procedure for registering citizens. Thanks to it, you can track all the movements of people living in Russia. This is a kind of targeted accounting of human migration.
How to register?
To minimize the effort spent on the registration procedure, you must first draw up an action plan for its implementation .
What documents do you need to provide?
- All-Russian passport and birth certificates of young children (up to 14 years old).
- Certificate of registration of ownership of housing, if we are talking about a privatized apartment. If the housing is municipal, an alternative would be a warrant or a tenancy agreement.
- Application from a person wishing to register. It has Form No. 6 strictly established by law. The application form can be requested from the passport office staff or printed from the Internet.
In some cases, other documents will be required:
- If registration is required in someone else's apartment, an application from the owner is required. In case of shared ownership - notarized consent from each owner.
- If the apartment is not privatized, a similar written consent will be required from each of the residents. And in the case where there are no close relatives among the residents, a permit for registration from the Property Management Department upon the application of one of the tenants.
- If we are talking about re-registration, you must provide a departure slip. This will shorten and simplify the procedure.
Algorithm of actions
Collection of documents listed above. Deregistration at the previous address.- Providing a package of documents to the passport office. Documents are usually submitted in the form of copies; originals need to be brought only for verification. However, the original passport will have to be given to the employees to receive a registration mark.
- How many days is prescribed? Waiting for registration from one to three working days upon presentation of the departure certificate and from seven to fourteen days without it.
- Receiving your passport back with a registration mark on the agreed day.
State duty and payments
Citizens of the Russian Federation are not charged a state fee for registration.
Participants
To complete the registration procedure, the personal presence of citizens is required. The only exceptions are children under 14 years of age. In addition, if the consent of the owner of privatized housing or persons in a municipal apartment is required, they must also be present. When there are several such persons, they can delegate the representation of their interests to one person by issuing a power of attorney, duly notarized.
On a note. If the owner cannot be present during registration, it is possible to provide a notarized statement with his consent.
Features and nuances
As we already mentioned, the registration procedure varies slightly depending on the following factors:
- The apartment is in someone else's property. An application from the owner, submitted in person, is required.
- Non-privatized apartment. A foundation agreement is required, confirming the right of residence, and the consent of all residents, similar to the previous paragraph. In addition, permission from local authorities will be required if registration is carried out by unauthorized persons.
- The registration of minor children with their parents is simplified and is carried out regardless of the consent of other persons and the size of the living space.
Sometimes passport office employees unlawfully prevent those liable for military service from obtaining registration, citing the latter’s need to first resolve the issue with the military registration and enlistment offices. Everything is exactly the opposite: first you need to register at a new address, and only then register with the local military registration and enlistment office.
Possible reasons for failures
Quite often there are precedents for refusing registration to citizens. The prevailing legitimate reasons for such refusal:
There is a mess in the documents. This could be, for example, an expired passport or some missing document. If this reason is eliminated, the further procedure will continue as normal.- Lack of minimum living space in an apartment established by law, which is 6 sq.m. per person. This reason is justified for municipal housing and when registering with strangers.
Those wishing to register in Moscow or St. Petersburg are especially often denied due to their huge number.
Refusal must be provided in writing, stating all reasons and legal grounds.
Attention! In the event of an unlawful refusal by passport office employees, citizens have the right to go to court to protect their rights.
