Penalty for late registration - is such a measure currently being applied? In what cases can they be fined for the lack of registration, who has the right to write out fines for late registration and what are their maximum size? We will answer all these and other questions on this topic in our article.
When can you face a fine for not having a residence permit?
When it comes to punishment for a citizen who does not have a residence permit, many think that this is said about the stamp in the passport, well-known to everyone. But it is not so. In this article, we will discuss such concepts that exist in society as "registration at the place of residence" and "registration at the place of residence."
In the first case, the place of residence is a dwelling (house, apartment, room, etc.) located in a certain settlement in which the citizen permanently resides. That is, we are talking about the so-called permanent residence permit - in accordance with current legislation, Russians are required to have one.
But as for the registration of citizens at the place of stay, then, in accordance with the Constitution of the Russian Federation and other legislative acts of our state, every citizen has the right to freely move around the territory of the country without obtaining any permits. At the same time, it does not matter at all for what purpose he makes such movements: it can be travel for tourist, work, educational purposes, visiting relatives and friends, and so on.
But be that as it may, the legislator provides for a period of 90 days, during which you can freely live in the territory of another settlement, without informing the state about your place of stay. Now, if you have been living in another locality or region for more than 3 months, then after this period you must contact the Federal Migration Service for registration at the place of stay.
Since there is an obligation stipulated by law, there is also liability for its failure, established by the Code of Administrative Offenses. So get late registration penalty is possible only if you have not fulfilled your obligation to inform the state about your place of stay / residence.
About the amount of fines for not registering
Fines for not registering at the place of stay are stipulated in Art. 19.15.1 Administrative Code of the Russian Federation. In accordance with this article, in cases where citizens neglect their obligations regarding registration at the place of residence / stay within the established time frame (90 days), a fine of 2,000-3,000 rubles may be imposed on them by a decision of an authorized state body.
Don't know your rights?
If such residence of citizens under the agreement is allowed by the owners / tenants of housing or they themselves do not have registration at the place of residence, then they are subject to penalties in the amount of 3000-5000 rubles.
If the owner / tenant of the dwelling under the contract is a legal entity that has allowed the citizens living in the dwelling to have no registration, a fine in the amount of 50 to 750 thousand rubles may be imposed on it.
If the same acts took place in cities of federal significance (Moscow and St. Petersburg), the size of the fines increases:
- for individuals who have not registered in the city within the prescribed period, the fine may be 3000-5000 rubles;
- for individuals - owners or tenants of residential premises who have allowed such citizens to live in without proper registration of their registration, or if they themselves neglect to fulfill the requirements regarding registration at the place of residence (stay), the amount of the fine is set in the range of 5-7 thousand rubles .;
- if the owners / tenants of residential premises are legal entities that are allowed to live in such citizens without registration, much larger penalties can be applied to them - from 300 to 800 thousand rubles.
Do you always have to pay a fine?
Art. 19.15.1 The Code of Administrative Offenses contains not only the sanctions that can be applied to violators, but also notes regarding cases when the “guilty”, despite the violation, are exempted from the imposition of a fine on them.
So, for example, they include:
- citizens living without registration in residential premises at the place of stay, in cases where they have a local registration at the place of residence in the relevant region or settlement located in the same subject of the state;
- persons living in residential premises located in cities of federal significance, such as Moscow and St. Petersburg, if they have a permanent residence permit in other residential premises located in the territories of these cities or other settlements located within the Moscow region or Leningrad region, respectively;
- citizens who are not registered at the place of stay when the living quarters belong to the right of ownership or under a lease agreement to persons who are close relatives for them: spouses, parents (including adoptive ones), children (including adopted children), grandfathers / grandmothers, grandchildren, etc .;
- persons living together with the owners / tenants of residential premises, if they are related to the owners / tenants, that is, they are parents (including adoptive), children (including adopted), grandparents , grandchildren, etc.
About registration of a newborn at the place of residence
When considering the issue of responsibility for failure to fulfill in time the obligation to timely register at the place of residence, one cannot fail to mention the registration of newborns. In accordance with the Federal Law "On acts of civil status" (clause 6 of article 16), parents are required to register a child at the place of residence within a month from the moment of his birth. It should be noted that if the parents violate this period, how to legal representatives a newborn may be subject to penalties in the form of a fine. The size of the fine will also be determined by article 19.15.1 of the Code of Administrative Offenses of the Russian Federation, which we discussed in detail above.
It is important to note that you do not need to ask permission from the owner of the dwelling or other persons to register a newborn. Any parent has the right to register a newborn child with them, regardless of how the owner reacts to it.
If the child is registered at the place of residence of the father (if the father and mother are registered at different addresses), the written consent of the mother is required to determine the place of residence of the child together with the father. But if the opposite happens, that is, the baby is prescribed together with the mother, then the father's permission is not required.
It must also be said that if a child under one month of age is registered at the place of residence, then a written application from the mother and an extract from the father's place of residence must be attached to the set of documents. How and where should a newborn baby be prescribed?).
And of course, one cannot fail to inform the persons registering for themselves and the legal representatives of minors: it is now possible to submit documents to the Federal Migration Service online. To do this, you need to register on the Unified Portal of Public Services, where you will be asked to fill out several forms, including enter contact information about yourself, after which the application will be accepted and you will be assigned a date and time to appear for ready-made papers. At the appointed time, you will appear with the originals of the documents required for registration at the indicated state body and, without queuing, receive a document confirming the registration.
It is important to know what the fine is for living without registration. The fact is that in spite of the fact that the institution of registration in our state was softened towards the fact that it does not give any right to real estate, fines for late registration remained.
This is due to some security measures. Therefore, you need to know that for late registration, fines can be imposed both on the person who has expired it, and on those with whom such citizens live.
These legal relationships are governed by the Code of Administrative Offenses. According to current regulations, any citizen must be registered at his place of residence or location within 90 days.
If this does not happen, then a special administrative protocol may be drawn up against it, which will indicate the detected violation.
Thus, a fine is issued for living without registration.
Any citizen must be registered at the place of residence
Will there be a fine without registration for 60 days? It is clear that the law establishes a period of 90 days, but you need to carefully figure out from what time it begins to flow, and when it ends.
By general rules the moment of expiration of time limits in administrative proceedings starts from 00 o'clock at night, after the action has been committed.
For example, a person sold his apartment, in which he was registered on the 25th, and signed out on the 26th. From this it follows that 90 days will be calculated only from 00 hours on the 27th.
Now you need to understand the question when it passes. There is also nothing difficult here. If 90 days ends on the 10th, then the protocol can only be drawn up on the 11th, since the deadline falls on 00 hours on the 11th of the month.
Having understood the deadlines, you can give some tips on how to extend them.
The first thing you need to pay attention to is that in our state a special registration service deals with registration and discharge.
Previously, it was the passport office, or housing office. But the housing office could not carry out registration in any way without the permission of the state body.
Therefore, so that the regulatory authorities do not have any questions, and the drawn up protocol was canceled in court, it is better to submit the documents before the end of the above period. In case of claims, submit a letter official, that the documents are being registered.
The second thing you need to pay attention to is that only a police officer can draw up such protocols, usually this is done by the district inspector who is in charge of the administrative department.
If he does not find the intruder at home, he will not be able to draw up a protocol on the latter. But this advice is best applied when documents are submitted for registration.
It is important to know that if the deadline is overdue for valid reasons, then no fine will be imposed on the person.
A little more information about the rules for registering citizens at the place of residence:
Penalty for living without registration - possible amount
In order to understand what the fine is for living without registration, you need to clearly understand who they are imposed on, and whether there is a difference in their amount.
The first thing to pay attention to is the circle of persons who may be subject to fines:
- persons who did not register on time at their place of residence;
- persons who have not registered at the place of temporary stay;
- citizens from whom people rent living space, but on the basis of a lease agreement;
- legal entities in which residents can live in specially equipped residential premises on the basis of rental rights.
The next criterion that determines is the locality.
According to the current legislation, increased fines for the above violations are imposed in cities that have Federal status. These are Moscow and St. Petersburg. In them, the amount of monetary penalties increases significantly.
Now you can go to the amounts of monetary penalties imposed for registration - a fine if there is no registration.
If this violator is a citizen who checked out from one place, and could not in another, then the amount of the penalty can be from 1 to 3 thousand rubles.
This amount also applies to those who had a temporary residence permit, and overdue it, did not renew it.
A separate amount of fines for such persons in Moscow and St. Petersburg. It will be, respectively, from 3000 rubles to five thousand.
Now with regard to citizens who rent out their housing. If they refuse to temporarily register citizens with them, then they face a penalty in the amount of 3 thousand rubles to 5 thousand in any region of our state.
And in Moscow and St. Petersburg, it will be, respectively, from 5 to 7 thousand rubles.
As you can see, the amounts are quite serious.
Especially you need to pay attention to this, legal entities that are engaged in professional rental housing.
For them, the amount of fines has its own size. In cities and other regions, the collection will be from 50 to 750 thousand rubles.
If such an enterprise comes across in cities of Federal significance, then pecuniary punishment will start from 750 to 900 thousand rubles.
As you can see from this, the greatest responsibility is imposed on legal entities.
It is important to know that many people who rent out their apartments or houses to others are in no hurry to put them a temporary registration, fearing that in this way the latter will be able to take away their housing.
This is not correct, and you need to clearly understand that a temporary registration does not give the right to an apartment or house.
Is a fine imposed if the child does not have a residence permit
The next question is what to do if the regulatory authorities have identified living without a child, then is there a fine provided for by position 113.
In order to answer this question, you need to return to administrative code... It clearly sets out the rules for imposing financial sanctions, as well as cases in which there is no violation.
These include the fact of living with the owner or tenant of housing, who has established order registration, close relatives, where the law assigns children, those who are under guardianship, and also adopted.
Therefore, parents should clearly understand that in order to avoid significant financial sanctions, they should get a residence permit themselves, and then write a statement that the child lives with them, in which to indicate his personal data and age.
Such actions will save them not only from communicating with the regulatory authorities, but also enable the child to avoid problems with the placement in children's and medical institutions.
But it is worth remembering that when a child turns 14 or 16 years old, then he will need to be registered, since from that moment he becomes partially capable, and he has rights.
This issue can become especially acute if it claims to be part real estate, or the latter the parents want to sell.
Full legal capacity begins from the age of 18, therefore, registration must be mandatory at this age.
This rule applies more to those citizens who, for whatever reason, do not have their own housing, and rent it.
The owners of such real estate always need to be explained that they will have nothing for a child who lives with their parents, but the latter in mandatory order must get at least a temporary registration.
This is especially monitored by the bodies that are called upon to protect the rights of children.
Although there are no fines imposed on children, parents should do their best to ensure that the child is registered.
He also has the full right to real estate, and his lack of registration will not give an opportunity to sell a house or apartment without a decision of the board of trustees.
What is the responsibility of foreign citizens for the lack of registration
Registration and the fine for absence also applies to foreign citizens... As well as persons who do not have citizenship at all. The law is the same for everyone.
Penalties for persons of other states, or who do not have citizenship at all, are no different from those imposed on citizens of the Russian Federation.
It's just that the registration process is a little more complicated for foreigners. First of all, they must apply to the migration services in order to obtain a visa, as well as a permit for official stay on the territory of our state.
After receiving all required documents, they can start the registration process.
The period of 90 days for such a category begins to be calculated from the moment they register with the migration service and receive all the necessary documents.
It follows from this that they are subject to the same penalties as indicated above.
But for citizens of the Russian Federation and legal entities, in addition, there is also criminal liability if it is established that they made fictitious registration to foreigners, or registered them with significant violations.
For living without registration, the Code of Administrative Offenses provides for an extensive system of fines.
Driving with an expired driver's license is serious traffic violation... For driving with such rights, an administrative penalty is provided in the form of a fine. It is strongly not recommended to forget that certificates are not issued indefinitely. It is illegal to start driving with a license that has expired even by 1 day.
Documentary confirmation of the right to drive the machine is issued for a period of 10 years. When it expires, the driver must contact any department of the traffic police or the MFC to replace the w / a. You do not need to take exams for knowledge of traffic rules again. We analyzed this situation in detail in the article.
Remember! Exactly 10 years after the date of issue, the rights cease to be valid. The date of validity can be found in the certificate itself opposite your driver's category... You cannot drive with expired driving license.
The limitation of the period of validity of the rights was not established by chance - in this way the passage is guaranteed medical examination for motorists, because without a fresh medical certificate, replacement of a / c is impossible.
Punishment for expired rights
Administrative responsibility for this violation is established by Art. 12.7 of the Administrative Code of the Russian Federation. At its core, driving a machine with an expired document is equivalent to driving without a license and entails:
- A fine from 5,000 to 15,000 rubles, depending on the severity of the violation, for example, how long the rights have expired and under what conditions the violator was stopped;
- Removing the driver from driving and detaining the vehicle - the car will go to the parking lot by means of a tow truck. At the same time, the offender will have to pay both the cost of the tow truck and the time spent by the car in the parking lot.
You have been stopped and your driving license expired. Consequences?
It all depends on the circumstances under which the car is stopped. If this is an ordinary check on the road, you just need to replace the document and pay off the fine.
If the driver was stopped drunk or became a participant in an accident, he is threatened with suspension from the right to manage the court for a long time, as well as additional administrative penalties.
How to avoid the impound parking lot?
The car is not seized if there is a passenger or an acquaintance entered in the OSAGO policy with a valid certificate. He can continue driving the car or drive him to the parking lot or garage.
Is there any punishment other than a fine?
Considering that a car penalty is not a punishment, the law does not provide anything other than a fine for the offense under consideration. Only those motorists who go without documents after being deprived:
- A fine of 30,000 rubles;
- Administrative arrest for 15 days;
- Compulsory work from 100 to 200 hours.
Also, a fine of 30,000 rubles is due to the owner of the car, who handed over the "steering wheel" to a citizen who is deprived or never had a car.
Will there be a fine if the driver comes to the traffic police to change his license?
According to current law, the fine is imposed just for driving a car. There is no penalty for changing your ID after the expiration date. Thus, it is not necessary to change the rights as soon as the 10-year validity period ends. Replacement can be done at any convenient time, the main thing is not to drive until a new document is received.
Remember! If a car owner with an expired vehicle did not drive the vehicle, no fine will be imposed.
Penalties for transferring the steering wheel to other drivers with invalid I / O
In part 3 of Art. 12.7 of the Code of Administrative Offenses of the Russian Federation regulates the punishment for transferring control of the vehicle to a person whose certificate is currently expired. In this case, the offense is estimated at 30,000 rubles.
Only those car owners who knowingly knew that the driver of the vehicle had expired rights are subject to punishment. For example, between friends and relatives, it is practiced to issue official powers of attorney for driving, as well as to enter into OSAGO. If the rights expire in the near future (even tomorrow), then no punishment will follow. If the document has ceased to be valid, this is equivalent to an administrative offense.
How to avoid punishment?
Methods for preventing the imposition of a fine are obvious:
- Change your driver's license in a timely manner if you plan to actively operate the car. To reissue you need to: pay a fee, go through a medical examination, write an application for document replacement. It is better to contact the traffic police in advance. For example, request new document possible 1 month before the expiration date of the old one.
- Do not allow third parties to drive vehicles, even those included in the OSAGO, without checking the documents. Fines for expired driver's license from another driver are several times higher.
- Under no circumstances should you start driving a car if your license has expired. Even if it expired yesterday.
conclusions
Driving with an expired license is equivalent to driving without a license at all. The traffic police inspectors will not be interested in the driver's rights and he knows the traffic rules very well - their validity period has expired and that's it.
If, nevertheless, there are circumstances in which an exit is necessary, then you cannot break the rules, it is better to put a trusted person behind the wheel or have someone close at hand who can transport the car to the parking lot.
What does “non-payment of a fine” mean, and how long does it take to pay it?
Traffic fines are administrative, and the Code of Administrative Offenses sets the deadline for their payment at around 60 days: in accordance with paragraph 1 of Article 32.2 " administrative penalty must be paid in full by the person involved in administrative responsibility, not later than sixty days from the date of entry into force of the decision on the imposition of an administrative fine. " Another 10 days are given to the car owner to appeal the violation - thus, the maximum total period for paying the traffic police fine is 70 days. At the same time, as you know, within the first 20 days it is possible to pay.
It is worth noting: the term for payment of the fine begins to count, regardless of whether the driver received a copy of the violation protocol or a letter demanding payment of the traffic police fine recorded by an automatic camera. After lying in the mail for the due period (usually 30 days), the registered letter is sent back, and the countdown of the period for paying the fine begins.
What happens if the fine is not paid on time?
If the fine is not paid within the time period specified above, it is considered non-payment and is punished under article 20.25 of the Administrative Code of the Russian Federation. Paragraph 1 of this article states that “failure to pay an administrative fine within the time period provided for by this Code shall entail the imposition of an administrative fine in the amount of two times the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for up to fifteen days, or compulsory work for up to fifty hours. " In this case, the case of the unpaid fine passes into the hands of the FSSP - that is, the bailiffs. “Twice the amount” of the fine to be collected means that in addition to the unpaid fine, another one is added for the same amount - for evading payment of the first. Well, and compulsory work can be assigned already in court.
However, not everyone can be sent to jail for non-payment of a fine: a note to this article clarifies that you cannot send into custody an offender who has not paid the fine received from an automatic camera: “The administrative arrest provided for in part 1 of this article cannot be applied to a person who has not paid an administrative fine for committing an administrative offense provided for in Chapter 12 of this Code and recorded with the use of special technical means working in an automatic mode that have the functions of photography and filming , video recording, or photo and film shooting, video recording ".
What happens if you continue to ignore incoming fines?
As mentioned above, from the moment of non-payment of the first fine, the collection of what is prescribed by law is carried out by bailiffs: they can collect debt from the debtor's accounts on the basis of judgment, block his bank cards and accounts until the fine is paid. However, when it comes to one small fine, the case is usually limited to enforcing the required amount. But if the debtor continues to evade payment, while continuing to drive a car and receive more and more fines, the penalties may be more serious. For example, the FSSP can impose a ban on registration actions with the debtor's car, and if the amount of debt exceeds 10 thousand rubles, then the bailiffs can decide on a temporary restriction on the debtor's departure from Russian Federation and a temporary restriction on the debtor's use of a special right (that is, a ban on driving any equipment). The only exception in the latter case is the condition if for the debtor the deprivation of the right to drive the vehicle is tantamount to deprivation of the only source of income - that is, for example, if he works as a driver or an official taxi driver.
For violation of traffic rules, they are often prosecuted in the form of a fine. For late payment of a fine, administrative liability is provided for under the article "Evasion of execution administrative punishment».
According to the current legislation, a fine for an offense in the area road traffic must be paid by a person brought to administrative responsibility within 60 days from the date of entry into force of the decision on the imposition of such a fine or from the date of expiry of the deferral or installment plan.
If the fine is not paid within the established 60 days, then starting from next day after the end of the payment period and within the next three months, according to Part 1 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, can be prosecuted in the form of:
- an administrative fine in two times the amount of the unpaid fine, but not less than 1,000 rubles;
- administrative arrest for up to 15 days;
- compulsory work for up to 50 hours.
According to the notes to Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, punishment in the form of arrest is not applied to drivers who have not paid a fine for a violation revealed with the use of (photo-) video recording means.
Prosecution under this article does not release from the obligation to pay the initial penalty.
The procedure for bringing to administrative responsibility under Art. 20.25 of the Administrative Code of the Russian Federation
In accordance with Clause 12, Part 5, Art. 28.3 of the Administrative Code of the Russian Federation, to initiate an offense case - to draw up a protocol under Part 1 of Article 20.25 of the Administrative Code, both the traffic police officer and the bailiff are entitled to.
This can happen, for example, when the car stops and the documents are checked by the traffic police inspector. A police officer can establish that a driver has unpaid fines using a database, which is now available to all traffic police officers from a smartphone. If, on the current date, three months have not passed since the expiration of the payment deadline for the outstanding fine, the inspector has the right to draw up a protocol for the unlucky driver.
The debtor can be held liable only within three months from the date of the expiration of the period for payment of the fine - the limitation period in accordance with Part 1 of Art. 4.5 of the Administrative Code of the Russian Federation.
Note that the traffic police officer has the right to immediately detain the driver and bring him to court for making a decision on prosecution. And on the day off - to the police station for up to 48 hours and from there - to the court. In this case, the car will be sent to an impound parking lot.
Remember! If you are not sure of the correctness of the inspector and / or the judge, you have the right to petition to postpone the consideration of the case due to the need for legal assistance from a defense attorney or in connection with the need to provide evidence of the payment of a fine. The case must be postponed, and you must be released - this is provided for by the Constitution of the Russian Federation.
But still, motorists who have not paid fines from a video camera on time are more likely to receive letters demanding to appear at the appropriate traffic police department (TsAFAP) to draw up an administrative protocol under Part 1 of Art. 20.25, than such a violation is revealed at the post. If such a letter-summons are ignored, then the protocol will be drawn up in the absence of the citizen. At the same time, in the overwhelming majority of such cases, it will be meaningless to appear at the traffic police, since it is almost impossible to justify the absence of guilt to the traffic police officer under this article - we need strong and undeniable evidence of either non-receipt of the “letter of happiness” on time, or other valid reasons for non-payment.
It should be noted that the payment of the fine after receiving the summons to the CAFAP will not affect the procedure for drawing up a protocol and bringing to responsibility under Art. 20.25 of the Administrative Code of the Russian Federation.
Who is prosecuted for non-payment of the fine
In accordance with Part 1 of Art. 23.1 of the Code of Administrative Offenses of the Russian Federation, cases on bringing to responsibility for offenses related to non-payment of a fine are considered by judges.
Therefore, the protocol on administrative offense, as well as materials confirming the failure to pay the fine on time, traffic police officers send to the magistrate's court at the driver's place of residence.
In turn, the magistrate, upon receipt of materials in his department, appoints the date and time for the consideration of the case and sends the citizen a summons.
If at the stage of consideration of the case the driver does not have evidence confirming the validity of the reasons for the untimely payment of the fine, then, in principle, it is possible not to go to the court session. In this case, it is rational to just wait for the judge's decision and pay the fine specified in it.
If there are valid reasons for non-payment and corresponding evidence - for example, the driver filed a complaint against the traffic police order and did not receive any response, was on a long business trip and could not receive a letter with the order on time, etc., then it makes sense to "fight" ... Before such a trip to the judge, state in detail the reasons for what happened in the form of written explanations, make and attach copies of sent complaints or documents on sending on a business trip.
Outcome
Fines must either be appealed in case of disagreement with them, or paid on time. If you paid a fine, we advise you to keep checks or receipts for at least two years, in case the traffic police inspector who stopped you does not have information about the payment (banks transfer money to the budget, but do not always transfer information about payment to the information system for accounting for government payments). This is the only way you can protect yourself from travel to police stations and courts.