A person can have registration, which in the old days is called propiska, in one area of the city, but at the same time live in another. For example, rent an apartment closer to work or temporarily move in with relatives. Or even have permanent registration in one region, and live and work in another. Due to the introduction of high alert and self-isolation regimes, many Russians began to worry that they would be fined if they left their homes, since they were “registered” elsewhere.
AiF.ru asked lawyer Nathan Budovnitsa to explain what to do for people who do not live “by registration” and what documents they should carry with them when leaving home.
Should they match?
The situation when the addresses of residence and registration differ is very common, although by law the registration and place of residence of a citizen must match .
If a citizen permanently resides at another address, he must register permanently at this address.
However, in reality, the registration address and place of actual residence often do not coincide , since citizens ignore the need to notify government authorities about a change of place of residence.
In such cases, you should be aware that a fine may be charged for staying without permanent or temporary registration.
Where can I get such documents?
Where is a document confirming registration issued?
In order to understand this issue, you need to understand that there are two types of registration.
The first implies permanent, that is, an individual is the owner of a residential premises, or is a tenant of a municipal residential property.
The second involves temporary registration. This happens in cases where a person rents residential premises (in legal terms this is called renting), or lives in a hostel, or other similar residential facilities, the premises of which cannot be privatized.
Therefore, for each individual case, mandatory documents will be required.
To register at your place of residence
Documents for permanent registration
In order to register a citizen at such a place, he must contact the regional office of the migration service or the multifunctional registration center.
To carry out this procedure at your place of residence, you will need the following documents:
- documents confirming ownership of a specific residential premises (sale and purchase agreement, gift, exchange), as well as registration of your ownership in a special register;
- a decision of a judicial authority that a specific individual or persons are recognized as having the right of ownership of residential premises;
- the child will need a birth certificate, which will indicate his parents, that is, he is automatically registered where his mother or father is.
It is important to remember that when providing such documents, officials of multifunctional registration centers or the migration service do not have the right to refuse registration. If this happens, then the actions can be challenged in court.
To register at your location
Documents for temporary registration
The peculiarity of such registration is that the citizen will be registered temporarily, which will be indicated in the stamp affixed to the passport.
Place of stay
Place of residence means a residential premises or institution in which a citizen lives on a temporary basis .
Places of stay include various hotel-type institutions, sanatoriums, hospitals and hospitals, places of detention or other premises. Places of stay also include premises rented by a citizen, if the rental period does not exceed 90 days.
What liability is provided by law for the disclosure of personal data? Find out the answer right now.
Difference from place of residence
The place of stay differs from the place of residence in character and timing.
You can live at the place of residence on a temporary basis ; the place of residence, on the contrary, implies permanent residence at this address.
The law also establishes differences in the required registration periods. At the place of stay, registration must be completed within 90 days from the time of arrival, at the place of residence - within 7 days.
We can say that the place of residence is permanent, and the place of stay is temporary residence.
What documents confirm registration at the place of residence?
Document confirming place of residence - how to get it?
In order to streamline the process of living of citizens, and also to avoid confusion in the registration of various social assistance, benefits and other payments, there is registration at the place of residence or temporary stay of a citizen.
Naturally, it must be confirmed by certain documents. It must be said right away that the following services are involved in the assignment to a permanent and temporary place of residence:
- Federal Migration Service, which is entrusted with direct responsibilities by the state to control the movement of citizens on the territory of our country;
- multifunctional centers that have been created in all regions, where citizens apply to obtain documents confirming their registration, or complete the registration process itself.
Now let’s consider the question of what documents can confirm the fact that a specific individual is registered at a specific address.
Certificate confirming place of residence - where to get it?
- The very first document is a passport of a citizen of our state. There are separate pages in it where the migration service or officials of multifunctional centers put a special stamp, which confirms the fact that the person has been registered at the place of permanent or temporary residence.
- Child's birth certificate. Children who have not reached the age of majority, according to current legislation, automatically become registered with their parents, or one of them. Therefore, to confirm the registration of a minor, his birth certificate and the parent’s document with the corresponding stamp will be used.
- Certificate of registration of a person at a specific place of residence. Required in the case where such confirmation is needed for a minor. It is attached to the birth certificate.
- An extract from the house register or personal account opened for a specific residential premises. It will not be issued unless a passport with registration is provided.
- A court decision confirming the right of a specific individual to reside, own, and dispose of a specific residential premises. Such a decision also serves as the basis for full registration in an apartment or household.
How to confirm actual residence?
Confirmation of the address of actual residence is necessary in many cases, for example, to exercise social rights (payment of various benefits, issuance of a health insurance policy, etc.).
Since the exercise of such rights is possible only in one place, in a situation where a citizen does not live at the registration address, confirmation of place of residence is required.
To confirm the address of actual residence , it is necessary to contact the appropriate authority with a personal statement, and the citizen is required to sign a statement that he does not receive the corresponding benefits (pensions, benefits, etc.) in another place.
In addition, the need to prove the address of actual residence arises in cases of litigation concerning property rights, payment of utility bills and other cases.
In such situations, in order to confirm or deny actual residence at the appropriate address, the following are used:
- testimony of witnesses (neighbors, work colleagues, management company employees);
- lease agreement (or free use agreement);
- acts or certificates drawn up by the district police officer, employees of medical institutions at the appropriate address;
- extract from the house register.
Read about what property cannot be foreclosed on under enforcement documents here.
What to do if the owner of the apartment is not registered in it?
As Nathan Budovnits explains, if an apartment belongs to a citizen by right of ownership, then, by law, he is not required to be registered there, since he already has the right to live in it.
However, in order to avoid a possible fine, the lawyer advises, when leaving home, to take with you a certificate of state registration of ownership (if the apartment was purchased before July 2021), or an extract from the Unified State Register of registered ownership or a copy of the document.
Problems that won't go away
It is generally accepted that a citizen lives at the address indicated in his passport. But in reality, although most people are aware of the registration requirements, not everyone complies with them. Some people simply ignore the law when moving, while others cannot solve the problem with registration.
For example, in Russia for many years not only external, but also internal labor migration has been very developed. Residents of small settlements sought to move to larger ones, expecting higher earnings and better living conditions. And not all landlords agreed to register them in a rented apartment. Perhaps, after the crisis is over, this picture will change, but the problems that existed before the crisis for violators of migration registration will not go away.
The main problem is the threat of administrative liability: in accordance with Article 19.5.1 of the Code of Administrative Offenses of the Russian Federation, living in a residential building without registration for 90 days entails liability in the form of a fine of up to 3,000 rubles (and in Moscow and St. Petersburg – up to 5000 rubles).
In addition, based on the logic that a citizen lives at the place of registration, all official notifications are sent by mail exactly there. If a person lives at a different address, he may simply not know about them.
For example, a court summons arrived at the place of registration. Living at a different address, the citizen did not see her and missed the meeting. Subsequent summonses were also ignored, and the court rendered a decision without his presence clearly in favor of the plaintiff. But the defendant himself finds out about this either from the bailiffs, or when he comes to visit the old apartment and sees a filled mailbox.
Another unpleasant moment concerns social support measures: getting a place in a kindergarten or school, going to a medical institution at your place of residence, etc. Without registration, you will have to confirm that you live at this address, although you are not registered there. This can sometimes be difficult to do. Therefore, if you are renting an apartment in which you are not registered, at least take care of a full rental agreement for residential premises: it may come in handy in such cases.
Is the actual residential address of registration or residence?
There is a concept in the legislation of the Russian Federation that applies to its entire territory.
This is the permanent registration of any citizen of the country at his place of residence. It is indicated for any person by a stamp on a certain page of the passport, which indicates the address of permanent residence. Sometimes permanent registration in the old fashioned way is called a residence permit. Legally, the fact of such registration includes notification to a citizen of the state that he permanently resides at the address indicated in the passport. If this is true, it is assumed that his residence and registration addresses are the same.
The law does not require that each departure from home be accompanied by deregistration and a new stamp in the registration passport. In accordance with the legal norms in force in the Russian Federation, any citizen can stay in another city/village without new registration for 90 days.
If your stay in a place other than your permanent place of residence is delayed for a longer period, then in order not to conflict with the law, it is worth confirming your place of actual residence by issuing a temporary registration procedure. This is otherwise called registration at the place of residence.
An additional advantage for a citizen when obtaining temporary registration, in addition to the absence of conflicts with the law, is the opportunity to use the services provided by the social infrastructure of the city in which he actually lives.
As a rule, the actual address refers to a specific object where a person is located, that is, does not live permanently - a hostel, hotel or rented apartment. A citizen is required to register there in a situation where his stay is delayed for more than 90 days. You can do this at the sanatorium or hotel immediately upon arrival.
The actual address of the place of residence is registered for a period of up to 5 years. Registration may be extended. Its specific time is determined by who owns the premises. This also depends, for example, on the rental period.
As confirmation of temporary registration, the citizen is issued a special certificate indicating his personal data and information about the premises occupied.
What to do if a person rents housing but is registered in another place?
If a person rents an apartment, then he and the owner may enter into a rental agreement for residential premises or an agreement for the use of residential premises. You can also take these documents with you to confirm your place of actual residence.
What is the penalty for traveling around Moscow without a pass? More details
Many people who rent apartments in large Russian cities often enter into a simple written agreement with the owners. As Nathan Budownitz explains, this document can also be evidence if you are stopped on the street.
“As a temporary measure, you can ask the apartment owner to conclude an agreement in simple written form and carry it with him. As a rule, such an agreement must indicate the data on the certificate of ownership, passport data and signatures of the parties,” explains the lawyer.
He adds that you can take a photo of the contract with your smartphone and, if necessary, show it along with your passport.
The advantage of a physical address
Temporary registration with a physical address provides citizens with the same rights as at a permanent place of residence:
- Official work.
- Social benefits.
- Free medical care.
- Possibility of using all benefits, as with registration at the place of residence.
By registering the specified address, you will not only legalize your stay, but will also be able to take advantage of all the rights enjoyed by citizens with permanent registration.
You can travel around the country and work where necessary, while maintaining all benefits. There is no need to change your permanent residence address.
You can find out answers to the most frequently asked questions about registration at a place of temporary or permanent residence by watching the video:
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Discussion: 3 comments
- Anna says:
12/08/2017 at 11:29It is necessary to follow all registration rules, since at some point you will have to contact the services, and there will be problems with documentation and you will still have to solve them. Therefore, it is better not to delay registration when changing your place of residence.
Answer
- Anna says:
04/16/2018 at 03:29
Temporary registration is required in cases where you plan to work, study, go to school or kindergarten in a new place, and, accordingly, visit a hospital. If your stay is limited to recreation, for example, then registration is not necessary.
Answer
- Sergey Petrovich says:
07/04/2020 at 03:41
According to the Constitution and the Education Law, everyone has the right to receive secondary education in our country. Hence, whether the law on registration contradicts the basic laws. How to get an answer?
Answer
The difference between the actual address and temporary registration at the place of stay
What is the difference between registration at the place of actual residence and temporary registration?
Actual residence involves being in another location in the Russian Federation with long-term goals: work, long-term contracts, taking ownership and other options.
Temporary stay:
- Traveling to another locality for the purpose of recreation or recovery is not a reason for temporary registration if the period is no more than 90 days. For a longer period, it is necessary to notify the local FMS authorities about the temporary location. The justification is medical indications and other factors confirmed by the administration of the institution. An account verifies your location. The address of these objects cannot be the place of actual residence.
- Places of deprivation of liberty cannot be the place of actual residence. Treated as a temporary stay.
- A person temporarily residing in a summer cottage. Is it possible to obtain temporary registration with a current address? In order for a country house to become a place of permanent registration, a court decision is needed. As well as permission from the Federal Migration Service to register the address of the dacha. Only in this case is it possible to register actual residence at this address. Otherwise, we will be talking about a temporary stay. After 90 days, it is necessary to notify the administration of the dacha cooperative and inform the FMS services.
Thus, temporary stay cannot always be confirmed by an official physical address. In any case, after 90 days you need to register and register with the Federal Migration Service.
What address should I indicate (by registration or residence) when filling out documents?
In Russia there are special state-issued forms.
Often they all contain 2 fields: for the real address of residence and at the place of registration. Both must be filled out. If the documentation does not have clear instructions or fields, then it is recommended to write 2 addresses yourself (if they diverge). This is necessary in case of receiving correspondence.
Government agencies may require proof of actual residence. In the absence of evidence (temporary registration, lease agreement), authorized employees will ask you to indicate only 1 exact address.
In the absence of any registration (permanent, temporary), as well as evidence of residence, the citizen is obliged to urgently issue at least temporary registration. Otherwise, no papers will be accepted.
