Fine for lack of temporary or permanent registration (registration) at the place of stay or residence

Features of citizen registration

The registration procedure is of great importance, and according to the current norms of Russian legislation, every person living on the territory of the Russian Federation must be registered at the place of his permanent residence. This requirement applies not only to Russian citizens, but also to foreigners whose stay in Russia is absolutely legal.

However, it is immediately worth paying attention to some reservations that are given in the legislative framework. There are two concepts - registration at the place of residence and residence, which are often confused with each other. In the first case, we are talking about registration. This means that the user is registered and lives in the same apartment.

In the case of registration at the place of residence for citizens of the Russian Federation, everything is much more complicated. A citizen may have a residence permit in one place, but actually live in a completely different place. At the same time, he needs to legalize his position, therefore he must visit the office of the Federal Migration Service (GUVM) and register at the place of his actual location.

Living without registration at the place of residence entails a number of problems for the offender, including the inability to receive free medical care and enroll children in kindergarten and school. Also, administrative penalties in the form of monetary fines may be applied against the violator.

How quickly do you need to register a newborn?

The law does not determine the exact time during which registration for a newborn must be obtained. Only a few norms are formalized by law:

When completing an application to register a child, you will need a birth certificate;
The newborn must be registered at the place of residence of the closest relatives or legal representatives;
A newborn cannot be registered at the place of residence of second-degree relatives;
In the first month of a child’s life, registration is issued at the request of the mother without the participation of the father;
If the mother, due to insurmountable circumstances, cannot register the child within 30 days, the father is allowed to register, but must do so at the mother’s place of residence;
After a month, registration of a newborn can be carried out exclusively in the presence or with the notarized consent of both parents;
A newborn must certainly be registered at the address of residence of his legal representatives.

The policy of the Russian Federation regarding internal migration contains many contradictory and controversial issues. But regardless of the subjective attitude to some issues, citizens are obliged to comply with the laws of the country.

Fines for lack of permanent and temporary registration at the place of stay and their amounts

If the user ignores the actual requirements of the legal framework regarding registration in the city where he works and works, he will be considered a violator, and therefore will be held accountable in accordance with the approved legal norms.

Most often, administrative measures in the form of monetary fines are used as punishment. However, in some situations, the violation can be much more serious, and the perpetrator faces criminal liability.

For citizens of the Russian Federation

For citizens of the Russian Federation, the absence of temporary or permanent registration is punishable in accordance with the requirements of Article 19.15 of the Code of Administrative Offenses of the Russian Federation. There is a penalty system here not only for users who do not have registration, but also for homeowners who refuse to carry out the registration procedure.

For citizens who do not have registration, there will be a fine for lack of registration in the amount of two or three thousand rubles (data is current for 2021).

For the receiving party that refuses registration or provides housing to persons who are not registered anywhere, the mandatory fine will be slightly higher and range from 2 to 5 thousand rubles. If the violator is a legal entity, the penalties will be maximum and range from 200 to 800 thousand.

For foreign citizens

For citizens of Ukraine, Kazakhstan and other countries, penalties in the absence of registration will be exactly the same as for Russians. Consequently, the punishment will be established according to Article 19.15 of the Code of Administrative Offenses of the Russian Federation.

However, there are some limitations here too. To obtain legal residence in Russia, a foreigner must first obtain a visa, temporary residence permit or residence permit. This will be possible after the state fee is paid and the user provides all the necessary documentation. If he does not do this, the violator will be expelled from the country and banned from visiting Russia for the next several years.

Answers to your questions

The man sold the apartment, checked out of it, but has not yet bought a new one. Will he face a fine?

According to the law, after selling an apartment, he has 7 days left, during which he must purchase a new living space and register in it or temporarily register with relatives.

In the latter case, the person needs to submit documents to the FMS.

How to avoid a fine for expired registration in your passport?

In some situations, a person who does not have a stamp in his passport with registration may be exempted from administrative liability, that is, he may not be forced to pay a fine.

The grounds for exemption from paying a fine in the absence of registration in the passport may be:

serious illness of a person who does not have a residence permit. That is, the person is within the walls of the hospital and is physically unable to document the registration. In this case, you must present an extract from the hospital indicating the dates the patient was treated;
death of close relatives. To avoid administrative liability, a person must provide documentary evidence of the fact of death, that is, present a death certificate;
prolonged absence of a citizen from the city for valid reasons (for example, a long business trip).

In all other cases, a person will not be able to avoid administrative liability for lack of registration in the passport.

Who can issue a fine for late registration?

No one has the right to stop a citizen of the Russian Federation with a Russian passport on the street and demand to show his registration information.

If a person buys a new apartment, and it is discovered that he registered untimely, that is, the required 5 working days have already passed, then the local police officer can issue a fine after checking the documents.

It happens that a person independently turns to the Federal Migration Service when he remembers that he does not have a new registration in his passport. In this case, the fine is imposed and announced by a FMS employee.

Where can I pay a fine for lack of registration in 2021?

This can be done in various ways and in various instances:

on the State Services portal (gosuslugi.ru);
at the post office;
in any bank at a cashier or through a payment terminal;
through the migration service cash desk;
through an electronic wallet;
via Internet banking.

To pay the fine, you need the payer’s passport details, as well as details of the organization where the money will be transferred.

According to the laws of the Russian Federation, every person must have a residence permit. If a person is going to change his registration address, he needs to know that the law provides a specific period for changing the address - 1 week.

This means that during this time the person must leave the old address and register at the new one. If he does not do this on time, he faces liability, namely a fine of 2 to 3 thousand rubles.

This amount may be larger depending on who is responsible for the person’s late registration (employer, individual or legal entity).

to the article “If there is no registration in the passport, what is the fine?”

V
Sergey writes:
Jam in the article. Yesterday I went and received SNILS without registration in my passport
Answer
V
Selch writes:
Why are you writing this???? They don’t provide registration in the Russian Federation!!! REGISTRATION only.
Check your passport.
Answer
V
al writes:
Registration is permanent registration. And registration is usually a temporary registration
Answer
V
Sergey writes:
The concept of “registration” has not been a topic for a long time. Now this is “registration”. The “lawyer” was apparently in self-isolation or lethargic sleep for a long time.
Answer
V
Maria writes:
I wonder what to do for people who don’t have property, and their relatives don’t care that it’s not registered anywhere and they don’t want to register it, and why on earth should they do this. Who writes such laws, paperwork for the purchase and sale of an apartment takes at least a month, but not exactly 7 days! and the extract is needed before the sale, that is, you still need to document the sale of the apartment... I’m shocked. If a person has nowhere to register, he lives in a friends’ apartment, for example, they let him stay, or even spends the night at work, will the state register him or what? When setting the deadline for resolving the issue at 7 days, what were you guided by in general?
Answer
V
Zhora writes:
I'm soon 45 years old. Due to circumstances beyond my control (deception of my immediate family), I have been homeless for 13 years, so I have no compulsory medical insurance, I can’t register anywhere, I don’t know how to change my passport, I don’t have a permanent job, I don’t have the opportunity to rent a decent house, and in general it seems to me that I’m already dying, because I can’t get medical help, the pain is already unbearable. There is only one painkiller - vodka, hawthorn, soon I will get drunk and die on the side of the road, freeing up my living space, so to speak, for others. I CAN'T DO ANYTHING FOR 13 YEARS, NOTHING.
Answer
V
Vitaly writes:
For the sake of justice, this fucking state should pay me a fine for the fact that I haven’t been able to get an apartment for years, standing in line that doesn’t move a damn thing.
Answer

Fine for expired registration

At the moment, not a single Russian regulatory document defines such a thing as “overdue registration”. Consequently, lawyers say that it will be impossible to impose a fine, citing this reason as the basis, since it will be incredibly difficult to establish a delay.

But there are some nuances here too. If a person is discharged from an old address, he must register within 90 days. However, in case of “delay”, this period does not apply, since the countdown will begin from the moment the citizen entered the premises. Consequently, if his place of residence is unknown for a long time, it will be impossible to collect a fine from him for violating valid legal norms.

That is why the deadline for registration is set exclusively in relation to temporary registration. If the registration has expired, it needs to be renewed, or for violators the fine will be standard and will range from 2 to 3 thousand.

When a fine is not imposed

Upon arrival at a new place of residence, a citizen must deregister from his previous registration and register at a new address within 7 days. If he already has a permanent residence permit, then the law allows 90 days to obtain temporary registration. No fines will be imposed during these periods.

Failure to register in a passport is not punishable in the following cases:

If a person lives with his close relative, registered at this address and who is the owner of the living space. These include parents, children, grandparents, grandchildren, and spouses.
If a person is officially registered in a given city and lives in the same city, but at a different address.
If a person is officially registered in the region and lives on the territory of a given subject of the federation. For example, a resident of the Leningrad region does not need temporary registration for the period of residence in St. Petersburg.

A fine may not be imposed if the person with missing registration has valid reasons - for example, emergency hospitalization, emergency business trip or difficult life circumstances.

Amount and conditions for a fine for late registration of a child

The current norms of the Russian legislative framework provide that a child receives registration immediately after birth. Thus, the registration of a child occurs depending on the place of registration of one of the parents. Article 20 of the Civil Code of the Russian Federation states that a child must be registered together with one of the parents.

Federal Law 376 outlines several key rules for migration registration, which state that the registration of a child must be carried out within 7 days from the date of birth. However, as the FMS specialists themselves claim, this rule has rather vague wording, which is why it is impossible to draw clear conclusions. Therefore, most often they rely on Government Resolution No. 713, where this rule is approved.

However, even if this rule is violated, there will be no liability for parents for late registration of the child. At one time, legislators tried to introduce an amendment to the actual norms on mandatory penalties, but in the end it was decided to abandon this idea. So Article 2.9 of the Code of Administrative Offenses of the Russian Federation continues to operate and deny any sanctions regarding the parents of a child who untimely registered their child.

However, in this situation, the FMS specialists most often apply special rules that make it possible to hold an adult accountable if their child is not registered within 30 days.

Advantages and disadvantages

The main advantage of temporary registration is its low price.
In addition, you will not have to pay at once, but can pay in installments. It is very important that persons with temporary and permanent registration have equal rights. Permanent registration is not always necessary. Sometimes you just need to register for a while to enjoy all the benefits of registration.

The disadvantages include some unpleasant moments. For example, an employer does not have the right to refuse work due to lack of permanent registration, but at the same time he can come up with other reasons not to hire someone who is not trustworthy due to temporary registration.

The reluctance to hire a person with temporary registration is due to the uncertainty that the employee will live here permanently. Moreover, visitors are not always protected by the law, so both parties will need to obtain official permission to work.

Another point is that temporary registration does not give permission to obtain an insurance policy. It will not be possible to receive credit in stores. The bank will also find it difficult to decide whether to issue it. There will be no mortgage loan. And these are not all the shortcomings. This type of registration is quite complicated. Sometimes documents may turn out to be fake. You need to be able to avoid potential scammers.

What fine will you face if you do not register at your place of residence for more than 7 days?

Lack of registration at the place of residence for more than 7 days entails administrative liability in accordance with Federal Law-376 and Article 19.15 of the Code of Administrative Offenses of the Russian Federation. If citizens ignore the established registration rules and deliberately commit a violation by not registering on time, they will be punished according to the approved rules:

citizens whose passports do not contain registration information will pay 2-3 thousand rubles;
for owners who rent out housing to violators, punishment is also provided in the form of a fine of 2-5 thousand;
if the violator is a legal entity that transfers residential premises for temporary use to citizens without registration, the amount of the fine will be more significant and will range from 250 to 800 thousand rubles.

The legislative framework

Compliance with registration rules is mandatory for both guests of the country and Russians. But they are regulated by different legal acts. For violation of the rules, a fine is established for staying without registration, regardless of citizenship.

For Russian citizens, look at the regulations:

Law on Freedom of Movement 5242-1, art. 5-6;
Government Decree No. 713;
Order of the Ministry of Internal Affairs of Russia dated December 31, 2017 No. 984.

For foreigners, the regulations are as follows:

Law on Migration Registration No. 109 Federal Law;
Decree of the Government of the Russian Federation of January 15, 2007 No. 9;
Order of the Ministry of Internal Affairs No. 514.

Articles of the Code of Administrative Offenses, which establish what fine for overdue registration in 2021 is imposed on the guilty:

Art. 19.15.1 and art. 19.15.1 Code of Administrative Offenses of the Russian Federation - for citizens;
Art. 18.8 Code of Administrative Offenses of the Russian Federation - for non-citizens.

If there is no registration in the passport for more than 2, 3 or more years

According to the current norms of the legislative framework, a person is required to receive a registration stamp in his passport within 90 days (3 months). If he fails to do this, he will be held liable under the current rules of administrative proceedings.

We are talking about fines of 2-3 thousand. However, some regions may have their own rules, and in the absence of registration for 2 or more years, the amount of the fine may be increased.

What is the deadline for registration?

The legislation allows 3 months to complete the list of necessary papers and obtain a new registration mark in the passport. This means that when changing the address of residence, a citizen is obliged to submit an application to the migration authorities to complete registration within 90 calendar days from the date of move.

When registering temporarily, a citizen has the right to retain his registration at his old residence address.

Citizens or residents of the country who do not have a general passport receive a registration certificate instead of a stamp in the passport. The certificate has the same legal force as a stamp in a passport.

The Russian government has established specific deadlines within which government authorities are required to register a citizen:

When submitting an application to the territorial office of the Ministry of Internal Affairs, the time for processing the application is 3 days;
When contacting a multifunctional center (MFC) or a passport office department, the period increases to 8 days.

The registration period for foreign citizens is determined by Federal Law No. 109. The text of the document states that the period of stay of foreign citizens without registration on the territory of the Russian Federation is limited by the validity of a visa or migration card.

The visitor is obliged to leave the borders of the state before the completion of permits, or to submit an application to obtain a residence permit, permanent registration and a work patent.

Who, where and how pays the fine

Payment of the fine provided for lack of registration must be made within 60 days from the moment the FMS officer issued a decision or drew up a protocol. The document must indicate the details by which the fine will be paid.

There are three ways to pay the fine:

In any banking institution. Almost all banks in our country accept payment of administrative fines, and some of them (Sberbank, VTB) do this without additional fees in accordance with the established procedure. After payment, the user will be issued a receipt, which will be proof of the payment.
Self-service terminal. At the terminals you can also pay a fine for expired registration. However, it should be noted that the user will need to enter all the details independently, and will have to show maximum care so as not to make mistakes. After payment, the user will receive a receipt, which will need to be submitted to the Federal Migration Service as confirmation.
Using Internet resources. It is also possible to pay an administrative fine online. To do this, you will need to enter the details of the recipient and payer and make the payment. After this, an electronic version of the receipt will appear on the screen, which will need to be printed.

Is a passport valid without registration information?

Yes, according to the law, the absence of a stamp with registration information in a passport does not limit the civil rights and freedoms of Russians. This means that the passport is valid.

However, it must be remembered that from a social point of view, with such a document a person will not be able to obtain a foreign passport, SNILS, or medical policy, since these documents require mandatory registration as a citizen.

This is why it is so important to register in an apartment in a timely manner after a purchase and sale transaction or other circumstances.

Is it possible to appeal a fine in court?

If for some reason the user does not agree with paying the fine for failure to register, and believes that he was fined illegally, he has the right to defend his interests in court. The migration law stipulates that a decision on penalties will come into force within 10 days.

If a citizen does not agree with the decision of the FMS employees, he has the right to apply to the court with a request to review this measure. However, you need to understand that when filing a claim, you must refer to the actual legal norms that, in the opinion of the plaintiff, were violated. If this is not done, or there is no compelling argument for the appeal, the FMS decision will remain in force, and the plaintiff will have to pay an administrative fine.

Fines for owners of territories with illegal residents

Owners of residential premises can be individuals and legal entities. The amount of penalties for them is different.

Amount of fine for an individual:
In all cities except Moscow and St. Petersburg: 3-5 thousand rubles ;
In Moscow and St. Petersburg: 5-7 thousand rubles .

Amount of fine for a legal entity:
In all cities except Moscow and St. Petersburg: 50-750 thousand rubles ;
In Moscow and St. Petersburg: 300-800 thousand rubles.

Responsibility for fictitious registration

If a citizen is unable to obtain temporary or permanent registration from relatives, his solution is to obtain a residence permit for a certain fee. This means that a citizen pays a certain amount to the owner of the apartment, and he, in turn, issues a registration.

However, when using this service, you need to remember that registration in a home without a foreign citizen living in it will be a clear violation of the actual legislative framework. And in some regions, you can even earn criminal liability for fictitious registration .

This issue is especially relevant in Moscow, St. Petersburg and a number of other large cities, where a huge number of so-called “rubber apartments” have already been recorded, where many people, most often foreign nationals, are registered. Here, administrative liability may not apply, and it will be replaced by criminal proceedings.

Both the owner of the apartment and the citizen who was registered in the residential premises will face criminal penalties. Here the specific consequences will be established in accordance with the provisions of Article 322.2 of the Criminal Code of the Russian Federation. Thus, the violator must pay a fine, the amount of which is 100 - 500 thousand rubles. Also, if there are aggravating circumstances, measures such as imprisonment and correctional labor for 3 years may be applied.

Where you will need confirmation of registration

Having registered, a citizen can:

Visit the nearest clinic to which his address is assigned;
Claim priority right to enroll a child in a kindergarten or school;
Get an official job;
Draw up legal papers in your name (any purchase and sale agreement requires registration information from your passport);
Borrow money from a bank or financial institution.

Registration is necessary, therefore, for its absence, fines were introduced both for the “hares” themselves and for the owners of the territory.

Current standards

In some cases, temporary registration is simply not enough. If a citizen permanently lives in the city, he must register on a permanent basis. But you can register temporarily for 90 days.

A person has the right to have both permanent and temporary registration. And you don’t need to leave your place of permanent residence.

Temporary registration is registered with the Federal Migration Service.

To obtain it, you need a passport, an extract from the house register, documents confirming the grounds for residence, and an application.

Now it is not necessary to contact the Federal Migration Service in person. It is possible to send documents by registered mail. But then they must be certified by a notary. The maximum validity period is five years. Then it is extended.

The premises must be suitable for habitation. You can also register in a boarding house. The citizen provides the Federal Migration Service with a certificate of departure from the place of permanent registration. If there was no registration anywhere, you will have to pay a fine. You can download a sample application on the official website of the Federal Migration Service.

What is included with the application:

Copies of the landlord's and tenant's passports and children's birth certificates;
Optionally, a rental agreement, a certificate of title to living space, or another document that confirms the right to property;
Consent of the people living there;
A receipt confirming that the fines have been paid.

Important! The ownership papers may not be provided, the main thing is to provide information about the relevant documentation.

You cannot register in the following living space:

In disaster zones;
In closed military camps;
Where the fighting takes place;
Where the area is contaminated.

Fine for lack of registration (registration) at the place of stay or residence for citizens of the Russian Federation in 2021