What if there is no registration, no housing and nowhere to register? What if there is no registration, and where can I register if there is no housing? No permanent registration, only a temporary fine

Last update: 31.05.2019

What is the risk of temporary registration of another person as a homeowner? If a registered tenant can claim your housing, what rights he is endowed with and what to do in case of a conflict with him, you will find out further.

Can a temporarily registered person claim your apartment?

This is impossible, since a temporary registration (as well as a permanent registration) does not endow him with ownership of real estate. Of all the powers that constitute the right of ownership, a person with a non-permanent residence permit has only one - the right to use. That is, he can stay and live in an apartment, but nothing more.

He has no right to sell, use as collateral to obtain a loan and otherwise dispose of the housing in which he is registered. Even if we imagine (purely theoretically) that nevertheless the new tenant came up with such an idea, it will not be possible to implement it for the following reasons:

he does not have documents for the apartment, confirming the ownership;
even if his counterparty agreed to conclude a deal without these documents, it will still be invalidated from the moment of its conclusion and will not create any legal consequences.

Due to this, the owner does not bear any risks of a property nature if he decides to temporarily register someone on his living space.

How much does temporary registration cost and who pays for its registration?

Services for registration of such registration are provided free of charge by the departments for migration of the Ministry of Internal Affairs in the field. Therefore, neither the owner nor the registered person will incur any costs.

The situation will change if a foreigner is a tenant. Then you need to pay the state fee - 200 RUR... But this responsibility rests with the foreigner, not the owner.

How does it threaten the owner financially?

One of the serious disadvantages of an extra registered person is an increase in the value of utility bills:

If there are counters

If you have meters for water, gas, electricity, then the amount will grow in proportion to the amount of resources consumed.

Example: The Solomin family - husband, wife and their child - spent 8 cubic meters of cold water and 5 cubic meters of hot water a month. According to the tariffs for the Western Administrative District of Moscow, they paid:

for hot water - 151, 36 rubles / cubic meter. x 5 cubic meters \u003d 756.8 p;
for cold - 30.87 r / cubic meter. x 8 cubic meters \u003d 246, 96 p.

After A.A. Solomina temporarily registered her friend Ivanenko G.V., the water consumption along with the amount of payments increased:

for hot water - 151, 36 rubles / cubic meter. x 6 rubles \u003d 908.16 rubles;
for cold - 30.87 r / cubic meter. x 10 cubic meters \u003d 308.7 p.

If there are no counters

Then the payment is calculated according to the number of registered people in the apartment, which is even more expensive.

Example: General standards for water consumption per person are set in the following sizes: cold - 6 cubic meters, hot - 3 cubic meters per month. And this means that after a temporary registration for Ivanenko G.V., the Solomin family will pay for 4 people, and not for 3, that is, 6 cubic meters more for cold water and 3 for hot water.

So that such consequences for the apartment owner do not turn into a fat minus, it would be rational to initially negotiate this moment with a temporary tenant. Usually, the tenant and the owner enter into a rental agreement, which also stipulates the procedure for paying for the communal apartment. If you do this, then such registration should in no way affect your finances.

Is it possible to temporarily register a child without the owner's knowledge?

One of the most unexpected surprises may be that instead of one temporarily registered person, there may be several of them on your living space. This can happen if you register a woman with a minor child.

In this case, the child's registration may be issued without your consent. And it will not even be possible to dispute this fact in the future, since the Government Decree No. 713 of January 17, 1995 clearly stands for the protection of minors. Clause 12 states that children under 14 are registered at their place of stay:

parents;
adoptive parents;
guardians.

In this case, it is performed regardless of the consent of the following persons:

tenants of housing in the houses of the state fund;
private owners, if housing is privatized;
board of housing cooperatives, if they are the owners of housing.

If a minor is temporarily registered in your home, this may become a reason for manipulation by his mother (father, guardian, adoptive parent). The fact is that the exact terms for which children can be prescribed at the place of stay of their parents are not determined by law. According to the rules, they are registered simultaneously with them and for the same period.

However, if the registration took place later, then due to the carelessness of the employees of the migration department, the period of temporary registration may be longer than that of the parent himself. This situation is fraught with the fact that a non-permanent parent can obtain an extension of his registration through the court - not to leave the child alone in a “strange” apartment, and only then - renew the child's registration for a longer period. But this series of machinations can be stopped.

Step 1 . Go to court. And although the law is entirely on the side of the child, having a sufficient evidence base in hand, it can be proved that the child is only a cover for committing a scam with temporary registration. If you succeed, the child's temporary registration will be canceled.
Step 2. At the end of the term of any registration (parent or child), together with the resident, appear in person at the migration department and control the determination of the future registration period.

Example: Antonova V.I. was registered for six months in the apartment of L.V. A month later, she independently registered her 11-year-old daughter on this living space for a period of 6 months. Thus, her registration ended earlier than her daughter's. She could have applied to the court to order the landlord to extend her residence permit for another month, but A.V. Vozny. offered a more profitable and time-saving solution - to voluntarily register it with the migration service for another 1 month. But already at this registration I was personally present, so I independently checked the dates of the end of registrations in order to avoid such incidents in the future.

Is it possible to sell an apartment with a temporary registration?

Theoretically, it is possible to sell an apartment with temporary tenants registered in it (since now, when registering a transaction, it is not required), and the consent of the latter is not required for this. But in practice, it is unlikely, since few people want to buy such an apartment, because it is burdened with the registration of strangers. This means that after acquiring a home, new owners will have to share it with outsiders, since they have the right to use it.

For the seller

Although there is still one guaranteed way that will help sell an apartment with an encumbrance in the form of a non-permanent residence permit. This is an appeal to a real estate agency that specializes in the sale of "problem" housing. Such agencies buy apartments for almost half their market value, or they undertake to find a suitable client, taking 40-50% of the transaction value for their services.

For the buyer

The buyer, before buying, should thoroughly study the contract and demand from the seller an extract from the house book, where all the registered persons are indicated (that is, so that there are no registered ones). Since there are often cases when the transaction has already been completed, and later it turns out that someone else is registered in the purchased housing. But even if you manage to buy an encumbered property, there is always a way out.

Option 1 . Forcibly, by filing a claim with the court, evict the temporarily registered persons from their apartment.
Option 2. Again - through the courts - but with the help of a different procedure. You must ask to declare the transaction null and void if the contract did not say anything about temporary residents registered at your address. If the requirements are met, then the apartment is returned to the seller, and the money is returned to the buyer.

Additional disadvantages of such a registration for the owner

Situation	Effects
A temporary resident takes a loan	Bank representatives and collectors will look for him at your address
The tenant commits a crime	The police will visit you first and it is even possible that you will have to become a witness in the case or, even worse, an accomplice
The person registered with you is evading conscription	Summons will be sent to your address, and the recruiting office staff may even consider that you are hiding a conscript
Temporarily registered tenant has a car	All his fines and notices of administrative offenses on the roads will come to you
The tenant leads an immoral lifestyle	The most unforeseen ones - from constant noise, drunkenness and scandals with the owner to unlawful actions aimed at him

Can the owner of a private house temporarily register someone?

Yes, this procedure is no different from registering in an apartment - it is done according to the same rules and in the same order. The tenant and owner acquire a similar scope of rights and obligations. The only difference is that the migration department may require an extract from the house register to the “apartment” list of documents for registration:

formal statement;
passport of the temporarily registered person;
title deed or lease agreement, or written permission from the owner to register.

However, registration will not work if the house:

not put into operation (there is no corresponding act);
built on land not intended for individual housing construction;
executed according to documents as a summer residence;
is a joint property and its shares are not allocated in kind, if there is no consent for registration from the co-owners.

Registration for Refugees and Military Personnel: Does Their Status Affect Homeowners?

Resolution No. 713 states that the temporary registration of refugees and military personnel is carried out according to the usual rules, that is, their “special” status does not affect the rights and obligations of both parties. But at the same time, there is a caveat for each category. So, registration is carried out in the usual way if:

refugees received the status of forced migrants;
military personnel are contract soldiers, not conscripts.

A temporary registration is not required at all for those military who are on a business trip or vacation.

Possible positive aspects for the owner

Residence registration for him is an indisputable plus, since it will avoid possible problems with the tax. They may arise due to the fact that in the event that the owner who rents the apartment for rent does not want to register the tenant at the place of residence, the latter can apply to the migration department of the Ministry of Internal Affairs or the court with the requirements for registration in a compulsory manner.

The owner will immediately be interested in the tax authorities for evading the payment of personal income tax in the amount of 13% of the rent. If the tax inspectorate succeeds in proving that the apartment is being rented, the tax itself, a fine of 20% of the unpaid tax and a penalty will have to be paid.

In addition, allowing a Russian citizen to live in his apartment without registration by the owner constitutes an administrative violation. According to Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation for him, the court may appoint:

fine from 2000 - 5000 rubles
in Moscow or St. Petersburg - from 5000 - 7000 rubles.

Disadvantages of temporary registration: can the owner avoid them?

Despite the fact that temporary registration does not give practically any rights to the tenant, it can still adversely affect the owner's usual rhythm of life. However, if he follows the advice below, he will be able to minimize the risks:

registration should be issued for the shortest possible period;
during the registration procedure, it is advisable to be present in person in order to control the filling of the application (especially the column with the registration period);
register with yourself only those people whom you know well (although this is not always a guarantee that in the future you will not have disagreements with them).

How to resolve the conflict between the owner and the temporarily registered one?

If during a conflict it is impossible to agree peacefully and the registered person does not agree to be discharged, there is only one way out - a forced discharge through the court. To do this, the owner needs:

apply to the magistrate's court at your place of residence with a statement of claim for forced eviction;
provide the court with facts confirming the need for eviction:
- violation of public order by such a tenant;
- neglect of sanitary standards;
- refusal to pay for communal services;
- long stay at a different address.
wait for the court decision in your favor and wait for its voluntary execution.

When refusing voluntary execution, you should contact the bailiffs, who ensure the enforcement of the court decision.

Article 5 of the RF Law "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation." Registration of a citizen of the Russian Federation at the place of stay and removal of a citizen of the Russian Federation from registration at the place of stay
Clauses 9, 10, 11, 12, 14, 15, 28, 29 of the Decree of the Government of the Russian Federation of July 17, 1995 No. 713 "On approval of the Rules for registration and removal of citizens of the Russian Federation from registration at the place of stay and place of residence within the Russian Federation "

If you have any questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.

71 comments

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It is not difficult to understand them: the first income and the scale of the business are still so small that there is actually nothing to register. However, under the law, Ukrainian entrepreneurs face fines for commercial activities without registration. Well, let's figure out how safe it is to work in the shade.

When does a part-time job turn into a full-fledged business?

In some cases, a business entity conducts business substantially violating the requirements of the law, without registration, or otherwise violating the requirements established by law.

Carrying out entrepreneurial activities (for example, an online store, providing services, etc.) without registering an individual entrepreneur and without paying taxes on the amounts of income received;
non-registration of employees or the use of surrogate substitutes for an employment contract, supposedly intended to replace real employment (contracts of a civil nature, internship contracts, etc.);
non-receipt of the received proceeds (incomplete capitalization);
trade in goods that are purchased without documents or imported without official customs clearance;
failure to issue the necessary permits or approvals, if this is directly required by law.

The Commercial Code of Ukraine states:

Entrepreneurship is an independent, proactive, systematic, at their own risk economic activity carried out by business entities (entrepreneurs) in order to achieve economic and social results and profit.

The key word in this definition can be called "systematic". That is, if you are engaged in work that systematically or constantly brings you income, then you are an entrepreneur and must officially register your activity. According to the practice of law enforcement, the criterion of "systematicity" refers to the activity that was carried out by the subject 3 (three) or more times during one calendar year.

At the same time, when we say “get out of the shadows,” we can understand the elimination of the factor that is key in violating the law, including:

business registration (registration of an individual entrepreneur or a legal entity);
official employment of workers;
registration of the necessary permits, etc.

Many may argue that if you work "quietly", without attracting the attention of regulatory authorities, then it is quite possible to do without formalities. Moreover, responsibility for entrepreneurship without registration is provided only if the fact of commercial activity is proven. As the saying goes, "not caught - not a thief." However, in this case, you need to fully understand all the risks and consequences of unregistered activities.

Illegal business activity in Ukraine: types and fines

Let us examine in more detail what types of entrepreneurship there are in the shade and what fines are provided for each case.

Activities without registration of sole proprietorship (illegal entrepreneurship)

Details

Often you have to deal with a situation when certain activities (for example, the services of a hairdresser or nail design master, SEO promotion, accounting, repair and construction, etc.) are carried out completely without registration of their entrepreneurial status by the performer. However, in accordance with Part 1 of Art. 42 of the Commercial Code of Ukraine dated January 16, 2003, No. 436-IV, entrepreneurship - is an independent, proactive, systematic, at their own risk economic activity, which is carried out by business entities (entrepreneurs) in order to achieve economic and social results and profit. Moreover, taking into account the requirements of Art. 58 of the Economic Code, entrepreneurial activity is carried out on the basis of registration as a legal entity or an individual entrepreneur.

Therefore, in the absence of such registration, we are talking about the illegal implementation by the subject of entrepreneurial activity.

Fines for illegal entrepreneurship in Ukraine

Details

The qualification of this offense falls under the provisions of Art. 164 of the Code of Administrative Offenses dated 07.12.1984, No. 8073-X. This article provides imposition of a fine from one thousand to two thousand non-taxable minimum incomes of citizens (i.e. in the amount from UAH 17,000 to UAH 34,000) with confiscation of manufactured products, tools of production, raw materials and money received as a result of committing this administrative offense, or without such in the case of conducting economic activities without:

state registration as a business entity;
obtaining a license to conduct a certain type of economic activity, which is subject to licensing in accordance with the law, or carrying out such types of economic activity in violation of the licensing conditions;
obtaining a permit, another document of a permissive nature, if its receipt is provided for by law (except when the principle of tacit consent is applied).

At the same time, such actions committed by a person who was subjected to an administrative penalty for the same offense during the year, or related to the receipt of income on a large scale, entail the imposition of a fine from two thousand to five thousand non-taxable minimum incomes of citizens (i.e. i.e. in the amount from UAH 34,000 to UAH 85,000) with the confiscation of manufactured products, tools of production, raw materials and money received as a result of this administrative offense. Under the receipt of income on a large scale for the purposes of this article means the receipt of income in the amount of one thousand non-taxable minimum incomes of citizens.

At the same time, cases of holding a person accountable are not at all uncommon. A hairdresser who operates without registration and an illegal trader and carrier who carries someone else's cargo in his car can be brought to justice. At the same time, in a number of cases, the factual circumstances that accompanied the identification of such activities do not allow to prove the lack of systematic and entrepreneurial nature in it.

Therefore, today the practice of bringing to administrative responsibility (with a fine of UAH 17,000) for carrying out entrepreneurial activities (transportation, trade, etc.) without registering as an individual entrepreneur is quite extensive.

Activities without permits (permits, approvals, etc.)

Details

One of the types of violations that also take place is the implementation of activities without the presence of properly issued permits. And if the implementation of activities without a license is a rarity, then the absence of other permits takes place everywhere. In addition to Art. 164 of the Code of Ukraine on Administrative Offenses, which we mentioned above, there may be other types of violations (due to ignorance or intentional). For example, cafes and other entities that are associated with the food trade are required to register capacity. Registration of capacity means entering into the register information about a trade object (including a cafe) through which food is traded. Such registration must be carried out at least 10 calendar days before the start of the facility. At the same time, its failure to carry out may entail a fine for the sole proprietor in the amount of 11 minimum wages, according to Art. 65 of the Law of Ukraine "On state control over compliance with legislation on food, feed, animal by-products, animal health and welfare" dated 05/18/2017 No. 2042-VIII.

Non-registration of employees

Details

Despite repeated notifications and a serious measure of responsibility, the refusal of the employer from official employment of workers is still very "popular". At the same time, instead of an employment contract, the employer often draws up an internship, practice, or "pseudo" probationary period, which, in his opinion, should resolve the issue of the employee's failure to register. As a rule, during the actual inspection of the State Tax Inspectorate or conducting an on-site inspection (inspection visit) of the State Labor Service, all such workers are considered unregistered, with their employer being held accountable.

Often, information about the existence of such hidden labor relations can be obtained during the audit based on the statements of the employees themselves (including after their conflicting dismissal or a dispute with the employer).

In this case, the would-be employer himself may be held liable in accordance with Art. 41 of the Code of Ukraine on Administrative Offenses, art. 265 of the Labor Code, art. 172 of the Criminal Code of Ukraine.

In accordance with Art. 41 of the Code of Administrative Offenses of 07.12.1984, No. 8073-X violation of the established deadlines for the payment of pensions, scholarships, wages, payment of them not in full, the term provided by officials of enterprises, institutions, organizations, regardless of the form of ownership and individuals - entrepreneurs to employees, including former ones, on their requirement of documents regarding their labor activity at a given enterprise, institution, organization or from an individual - an entrepreneur, necessary for the appointment of a pension (on seniority, wages, etc.), determined by the Law Of Ukraine "On the appeal of citizens", or the provision of the specified documents that contain inaccurate data, violations of the term of posting certification of workplaces according to the working conditions and the procedure for posting it, as well as other violations of the requirements of labor legislation entailfor themselves the imposition of a fine on officials of enterprises, institutions and organizations, regardless of the form of ownership and citizens - subjects of entrepreneurial activity from thirty to one hundred tax-free minimum incomes of citizens (from UAH 510 to UAH 1700).
In accordance with Art. 265 of the Code of Labor Laws of Ukraine dated 10.12.1971, legal entities and individuals - entrepreneurs who use hired labor, in the event actual admission of the employee to work without signing an employment contract (contract), registration of an employee for part-time work in the event of the actual performance of the work, the full working time established at the enterprise, and payment of wages (remuneration) without calculating and paying a single contribution to compulsory state social insurance and taxes - are liable in the form of a fine in the amount of thirty times the minimum wage fees established by law at the time the violation was detected, for each employee in relation to whom the violation was committed (today UAH 125,190).
According to Part 1 of Art. 172 of the Criminal Code of Ukraine dated 05.04.2001, No. 2341-III, illegal dismissal of an employee from work for personal reasons or in connection with informing them of a violation of the requirements of the Law of Ukraine "On the principles of preventing and combating corruption" by another person, as well as other gross violation of labor legislation - are punished with a fine from two thousand to three thousand tax-free minimum incomes of citizens (from UAH 34,000 to UAH 51,000) or deprivation of the right to hold certain positions or engage in certain activities for up to three years, or correctional labor for up to two years. At the same time, we are talking about the recognition of hidden labor relations as the basis for the responsibility of company officials, or sole proprietorship. At the same time, the recognition of hidden labor relations by the courts in most cases is considered as the basis for the application of an administrative or criminal sanction.

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Unincome proceeds (or "throw it on my card")

Details

One of the illegal ways of "gray" entrepreneurship, even if the sole proprietor is registered, is the non-registration of all received proceeds (income) in the income register of the sole proprietor. This means that its incomplete declaration, which in some cases, may entail an understatement of taxes (if we are talking about a sole proprietorship on a common system or a single tax payer of group 3).

Of course, a business entity must declare all amounts of income received. At the same time, it is worth considering the fact that selling goods (providing services), but not showing the amount of proceeds of such a sole proprietor, to a large extent, risks - after all, if another entrepreneur (or an employee of an enterprise who bought goods received funds on account) is its buyer such a purchase will be displayed in the tax calculation according to the 1-DF form, and the fact of non-reflection of income will be revealed quite quickly.

And for sole proprietorship on a common system (which must use PPO in cash payments), non-receipt of part of the funds received entails direct liability in accordance with the law. Today, in the case of incomplete settlements or failure to carry out settlement transactions through the cash register, the sole proprietor may be held liable for the first offense in the amount of 1 hryvnia, and for each subsequent violation - 100 percent of the cost of goods (services) sold. Moreover, we draw your attention to the fact that the recently adopted Draft Law on Amendments to the Law of Ukraine "On the Use of Registrars of Settlement Transactions in the Sphere of Trade, Public Catering and Services" in terms of shading settlements in trade and services "(the so-called), the amount of fines is planned seriously increase.

It is also not legal to receive funds (proceeds) to a card account (card of an individual), and not to a business account. Today, the tax service is taking all steps to control all non-cash receipts of individual entrepreneurs. This means that if an individual entrepreneur receives part of his income in a non-entrepreneurial account (in order to understate the annual volume of activities or withdraw part of the funds from taxation), he is at great risk. At a minimum - that these amounts will be included in his income. And in the worst case - that from these "unofficial" incomes he will have to pay the amount of personal income tax 18% and the military fee 1.5%.

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How to prove illegal business activity in Ukraine

As a rule, state bodies do not prove illegal business activity. Since the registration of an individual entrepreneur is a fact recorded in the register, it either exists or it does not exist, which means that a cafe that works on behalf of a mere citizen carries out activities in his person without registration. The situation with the activities of, for example, a manicurist or a remote designer is somewhat more complicated - since such a specialist works “one-on-one” with a client, the tax authority or other structures can often find out about him only on the basis of a client's complaint. In this case, when proving illegal entrepreneurship, it will be taken into account how long such an activity has been conducted (and how it has been conducted for a long time), what income is received from it. Without collecting the evidence base, it will be difficult to prove such entrepreneurship. However, this does not negate the need to register an individual entrepreneur if an activity is planned on an ongoing basis, with the receipt of income from it.

When should you think about official registration?

Of course, it is worth thinking a few times before registering as an entrepreneur. After receiving the official status of a business entity, you are registered with the tax and other regulatory authorities. They may come to you with a check. And if the business does not go well, liquidating it is much more difficult than registering it. Therefore, first, think it over and take your time. But how to understand that the time for official registration has come? Here are some tips:

Before you there is a need to conclude an agreement with suppliers and other contractors. By putting your signature in the agreement, you are responsible not only to the counterparty, but also to the law. You become more public, so the risks increase.
You need to hire workers to do any work.
You need a loan to further expand your business.
You want to move to another level of development, plan to create your own trademark and develop a brand.
You plan to actively promote your business, and you will be constantly in sight.
You have a fairly large income, and regulatory authorities may pay attention to you.
You are planning to open your own office.
It is necessary to increase the level of trust from customers, etc.

Of course, you need to think about the official registration of a business before opening it. We cannot recommend starting a business "all the way" and only then, after its successful start, register. If the business is already running, you serve customers, accept funds, and even have employees (who are also not officially employed), then it is advisable to apply for a sole proprietorship and take other steps aimed at "officializing" the business as quickly as possible.

Registration is a mandatory process that applies to every citizen of the Russian Federation. If you do not go through this procedure, then at a certain moment this or that responsibility comes. For example, you will need to pay a fine for not registering in the country. What features should a person staying in Russia take into account in order not to face problems? How to register? Where to contact? What are the deadlines to meet? More on this later. In fact, it is not so difficult to understand all the features of registration accounting.

To registration required

The first step is to figure out who needs to register in Russia. The point is that it is not always necessary to go through this procedure. It is proposed to stay on the territory of the country without registration for a certain amount of time. But more on that later.

A fine for not registering in Russia will be imposed only after a certain period of time has expired. And only in relation to specific categories of persons.

Now responsibility for the lack of registration in the Russian Federation at the place of residence or temporary stay comes for:

all adult citizens of Russia;
minors permanently residing in the country (more precisely, punishment awaits their legal representatives);
foreigners who have decided to stay in the Russian Federation for a long time;
people who do not register people using a particular living space at their place of residence.

Thus, punishment will await any person who was not subject to registration, but at the same time has been in Russia for a long time. It is quite normal. Foreigners can even be deported. And in this case, they are not only fined for not registering. This fact should be taken into account. More about him later. First, you need to understand how much is allowed not to give in to registration records.

For foreign citizens

In Russia, there is a huge difference between foreigners and citizens of the Russian Federation. Both in relation to stay without registration, and in relation to the responsibility that occurs for the lack of registration. The first step is to figure out how long you can stay in the Russian Federation without additional paperwork and registration in principle.

First it is worth considering the issue of foreigners. As practice shows, they are most often allowed to stay in Russia for 90 days without being registered. Next, you have to register. Or wait for the traveler to receive a fine for the lack of temporary registration.

If a person plans to work in Russia and has arrived by invitation, then he will have to get up for a week. And during this time they are asked to issue a residence permit. Otherwise, certain problems will begin.

Thus, in Russia, foreign citizens are usually allowed to stay for about 3 months without additional paperwork. By the end of this period, you will have to issue a registration.

Russian citizens

Speaking about permanent residents of Russia, it can be noted that for them a fine for not registering at the place of stay is a more real responsibility. After all, somewhat different restrictions apply to such people.

An adult citizen of the Russian Federation must have one or another registration. And it doesn't matter which one. Permanent or temporary, but it must take place. Without registration, permanent residents of the country are allowed to stay for only 7 days. The countdown starts from the moment of discharge from the previous place of residence.

But this is not the only limitation. This nuance is also relevant for minors. Their parents must register or temporarily register with housing within a week of discharge. The exception is newborns. Why?

For newborns

But the fine for the lack of registration at the place of residence does not apply to newborns. The thing is that primary registration is used for such children. This is a slightly different form of registration. In general, the registration process does not change. Only restrictions on the occurrence of liability for the lack of registration are different.

It is not provided for parents. The newborn is registered at the place of residence of one of the legal representatives when they see fit. It is recommended not to delay this process and keep within 3 months. But many indicate that it is best to register the baby at the place of residence or temporary stay within a month from the moment of birth. After all, without, he cannot receive, for example, medical care. This must be remembered.

The penalty for the residents of Russia

What penalty will the residents of Russia have to pay for not registering? The point is that this payment is not constant. By law, the exact size is set at the regional level. But there are still some restrictions.

The fine for the lack of registration for citizens of the Russian Federation in most regions is set on the order of 2-3 thousand rubles. Also, the person will be forced to register as soon as possible. Not a very large amount, but it does take place.

federal significance

But there are a few more nuances to consider. The importance of the region plays a huge role. In ordinary areas and cities, payments are much lower than in federal areas. And this fact will have to be realized before refusing to register.

At the moment, in Russia, the fine for the lack of registration at the place of residence / stay for citizens of the Russian Federation who live in (namely, in Moscow and St. Petersburg) is set at up to 5,000 rubles. The minimum payment in this case will be 3,000. But there are also some peculiarities. Which ones? The specified limits for both ordinary cities and regions of Federal significance increase under certain circumstances.

For homeowners

In what cases is this possible when it comes to the homeowner? Often the landlord does not register citizens permanently residing in his territory. This is also a violation. And a fine is due for him. The lack of registration (2016) of persons on the territory of the dwelling in which they live is a common violation of the law. And therefore, in addition to the residents themselves, the landlord will also pay.

How many exactly? It is in this case that payments will increase in size. Again, they depend on the region of residence. The point is that in ordinary cities the owner will pay from 2,000 to 5,000 rubles for the lack of a residence permit. But in the regions of federal importance, the payment will increase significantly. The fine will be 5000-7000 rubles. The exact amount is billed on an individual basis. Many people advise to focus on the maximum.

How many foreigners pay

But what if a foreign citizen does not have registration? In this case, it will be necessary to prove that the person has been continuously in the country for 90 days. Punishment only occurs under similar circumstances. What can we expect?

The penalty for not registering in this case will be the same. Either 2-3 thousand, or 3-5. It all depends on the situation and region of residence. A fairly common practice is the expulsion of a person who did not register within a certain time frame to his home country. This is something to remember. Therefore, foreigners, as well as "local" citizens, are advised to worry about having a residence permit.

Registration procedure

And how to register correctly? This question is of interest to many. In fact, nothing is difficult. Depending on belonging to a particular category, it is enough to collect a certain package of documents and provide them:

to multifunctional centers;
to management companies;
to regional passport offices;
apply for a residence permit through "State Services".

A visit to only one of the authorities is enough. What can you say about the package of documents?

Citizens of the Russian Federation for registration must bring:

identity card (passport);
application for registration;
departure sheet and arrival sheet;
certificate-basis for registration (about property rights, lease agreement);
permission for registration (from homeowners and others registered, not necessary if one of the owners or a minor is registered);
birth certificate (for children);
minor's passport (for children over 14 years old);
marriage certificate (optional, for;
consent of one of the parents to register the baby with the spouse.

For foreigners, the list of everything needed has been slightly changed. They bring:

the passport;
application of the established form;
arrival and departure sheets;
the basis for registration (usually a contract or rental housing);
permission from the owner;
apartment owner's identity card (copy);
permission from all homeowners to register.

Nothing else is required. Within a few days, registration or temporary registration will be issued. In the first case, a stamp is put in the passport, in the second, a separate certificate is issued. It will also be issued for minors. That's all. Now it is clear what a fine will have to be paid for the lack of registration for citizens of the Russian Federation and not only. The registration procedure is also known. There is nothing special or difficult in the registration process.

Any citizen within the Russian Federation must. This is indicated in No. 376-FZ. Its rules apply to Russians and foreigners alike.

Lack of registration in the passport

Registration is registration. It can be at the place of residence or stay.

The first registration option takes place at the address where the person permanently resides. The place of stay can be a hotel, relatives in another city.

The absence of a registration stamp in the passport as such suggests some penalties... Their size varies depending on the category of the offender:

Individual citizens pay the amount within 2000-3000 rubles.
A home owner who does not want to register people actually living there on his living space will already pay 2000-5000 rubles.

In Moscow and St. Petersburg, fines for similar offenses are 3000-5000 rubles for a citizen without a residence permit, and 5000-7000 for a lessor.

Lack of registration in a citizen's passport does not invalidate the document... However, it may be difficult to obtain it.

Also, the Code of Administrative Offenses of the Russian Federation states that the holder of a passport without a registration stamp may be fined.

What happens if registration is expired?

As such, the concept of "expired registration" does not exist in the legislative acts for 2019, and therefore, it is impossible to impose a fine on this basis.

However, this concept means the absence of any registration at the moment. That is, the citizen is discharged from the previous place of residence, and is registered at the new address after a certain time. This time period the person actually lives without registration.

The time allotted for registration at the new address, is 90 days.

It is necessary to renew the registration before the expiration of the term, otherwise there will be a fine for "delay in registration".

The deadline for registration is set solely in respect of temporary registration... Permanent registration does not require renewal or renewal.

The nuances of registering a child

A newborn child is obligatory, usually the mother.

You need to do it immediately after receiving the birth certificate... Otherwise, the fines are the same as for ordinary citizens.

However, there are controversial points in the legislation in force for 2019 that regulates the procedure for registration of a newborn child, its terms and fines if it is not timely issued.

The Code of Administrative Offenses of the Russian Federation places responsibility on citizens who have reached the age of 16. A newborn is not, therefore, cannot bear this responsibility. It is also impossible to impose a fine on parents, since they have registration.

In this case, employees of the FMS bodies appeal to article 19.15 of the Administrative Code of the Russian Federation... Some require seven days.

According to Art. 19.15 of the Administrative Code of the Russian Federation, responsibility for the lack of registration of persons who are related and living in the same room, not provided... There are parents and children on this list. Consequently, there is no penalty in this case.

Penalty for a home owner for refusing to register residents

In the fight against "rubber" apartments, in which one owner is registered, but several tenants live, the Government has adjusted the registration rules.

If after three months from the moment the tenant moves in the owner will not report it to the migration service, he faces a fine.

You can provide information about the tenant:

a letter sent to the FMS authorities;
personally visiting the FMS;
by leaving a request on the State Services portal.

The size of fines for owners is higher than for residents without registration:

apartment owners - individuals will be required to pay from 2,000 to 5,000 rubles;
if the owner is a legal entity that provides housing to its employees and does not register them, the fine increases many times over: 250,000 - 700,000 rubles;
officials will pay between 25,000 and 50,000 rubles.

Fictitious registration is punished even more severely by the norms of the Criminal Code of the Russian Federation:

Under fictitiouslaw means:

registration in an apartment or house without further residence in it;
registration that took place after the presentation of forged, inaccurate documents or data;
registration of a tenant without obtaining the actual consent of the legal owner.

In what cases a fine cannot be imposed?

The absence of a residence permit is not in all cases a prerequisite for the imposition of penalties:

In addition to the settlement, this rule also applies to the subject of the federation. For example, a citizen is registered in the Moscow region, but lives in Moscow. In this case, even if he does not have it in his passport, the fine does not apply to him.

How to pay the fine?

Payment of the fine by the offender is made after the ruling or protocol drawn up.

To pay the fine, the order will indicate the recipient's details. The amount is transferred to them.

Voluntary payment is possible within two months - during this time it is necessary to transfer the amount.

In addition, even after receiving a copy of the decision / protocol, a citizen has the right to appeal it in court. For this he is assigned 10 days... If you do not file a claim, then in 10 days the document will come into force, which means you will have to pay.

This can be done in several ways:

Video: For living "without registration" the closest relatives are not threatened with a fine

The report tells how the sanctions for living without a residence permit or for fictitious registration were tightened.

At the same time, the administrative legislation provides for conditions under which a fine or other sanctions cannot be imposed on a citizen for the absence of a registration stamp in his passport.