Registration of minors: law on registration of children under 14 years of age
Let's turn to the legislation of our country. It contains a reminder of the obligation of parents to register the child at the place of residence of one of them.
The law that regulates all issues related to family relationships is the Family Code. Section 54 defines what we call a child. Parents, in accordance with Article 61 of the same normative act, have special rights and responsibilities in relation to him.- By referring to the Civil Code, you can establish that the place of residence of your child may be the place of residence of his legal representatives.
- Order No. 288 in paragraph 114 states that persons under the age of 14 must live with their parents and have registration in this living space. The Family Code specifies that, in accordance with Article 65, the place of residence of children is determined by the place of residence of one of the parents.
- Another regulatory legal act, which contains information about the child’s registration and the nuances of the registration procedure, Federal Law No. 5242 of June 25, 1993 obliges parents to register the child at their place of residence within one month after the birth of the baby.
As you can see, the law has thoroughly approached the issue of registering minors, and in addition to the above general provisions, it contains references to all possible nuances of this situation.
Consequences of fictitious temporary registration
It happens that parents of children, wanting to enroll them in a prestigious educational institution, temporarily register them at the address assigned to this educational institution. In reality, neither the minor himself nor his parents even appear at the specified address.
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Criminal liability is provided for actions of this kind. According to Federal Law No. 376 of December 21, 2013, the liability of citizens who violate registration rules has been tightened. For fictitious registration, a fine (100-500 thousand rubles) or criminal punishment up to imprisonment for up to 3 years may be imposed.
In such cases, the person who made the fictitious registration (parents of the minor), as well as the person who provided living space for such illegal actions, is subject to punishment. Those who intend to generate income by registering an unlimited number of citizens in their living space must be aware of the responsibility for such actions.
Who should the child be registered with?
In accordance with the laws on the registration of minor children, as well as with regulations, the registration of a child under 14 years of age must be in the place of residence of his parents. If the parents are registered separately from each other, and even live separately, then the question of who the baby will live with is resolved by reaching an agreement between them.
Sometimes young parents have a question: is it possible to register your child with another close relative, for example, with a grandmother or grandfather? If the child has no other close relatives, namely parents, and the grandmother is the legal representative, then this is certainly possible.
At what age should the procedure be performed?
Registration must be carried out immediately upon the birth of the baby.
A new person has all the rights and responsibilities that are inherent in an adult, which means he must be registered in the appropriate place.
First you need to get a birth certificate.
Since this document is issued within a month after the baby is born, the period for registration begins to run from the moment you become the owner of this important document.
You must register your child at your place of residence within a week after going to the registry office.
What is the fine for late registration of a newborn child, how and where to appeal it - read here.
Why does a minor need temporary registration?
The minor may need temporary registration at a place of residence other than permanent registration for:
- Registration of any document (pension card, medical insurance policy, etc.).
- Devices for educational institutions. When admitting a minor, a school, kindergarten, or other educational children's institution must provide information about the child's place of residence (registration).
- Appeals to medical institutions.
- Registration of various social benefits and subsidies.
Upon arrival at the place of new residence, the minor must immediately enroll in an educational institution, and also obtain a registration card at the local clinic. If his parents receive any subsidies for the child, social benefits, subsidies, then their registration also takes place at the place of new residence in the local social security department.
A certificate of temporary registration, obtained from the local branch of the Federal Migration Service, is a certificate confirming the fact that a minor is legally living at a given address. These reasons are:
- rental agreement with the legal representative of the minor and the owner of the living space;
- voluntary consent of the homeowner to registration;
- an extract from the Unified State Register of Ownership of the child’s legal representative for this living space;
- and some others.
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Nuances of registering children if parents are not registered
Situations often happen when parents move, make transactions with property, and in fact it turns out that at the time of the child’s birth his parents do not have permanent registration. However, the law states that the baby must be registered.
Well, what to do if the parents do not have registration, and the law requires the registration of the child together with the residence and registration of one of his legal representatives?
In this situation, registration should also be delayed. If your child is under 14 years old, then he can only be registered together with his mother or father. Therefore, first you need to decide on your place of residence for the parents themselves.
It doesn’t matter in what form you receive registration - permanent or temporary, it is important that as soon as it appears, you need to deal with the issue of registration of the baby.
Why do you need registration when enrolling in school?
Admission of students is carried out on a territorial basis, that is, nearby houses are assigned to the school. Children registered in the territory related to a specific school have a priority right to enrollment in an educational institution.
Information about territorial affiliation can be obtained:
- from the director of the selected school;
- on the official website of the educational organization;
- on the district administration website.
At the beginning of each year, a new decree is issued on the distribution of school areas in the district.
Order of the Ministry of Education and Science No. 32 defines the following list of documents required to be submitted when admitting a child to school:
- a statement from the parent indicating the child’s place of residence;
- his birth certificate;
- a document confirming his registration in a house located in the zone assigned to this institution.
Deadlines for admission of minor citizens:
- permanent residents of a fixed territory (including those with temporary registration) - from February 1 to June 30;
- registered in another district of the city, locality without temporary registration in school-owned areas - from July 1 to September 5.
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The enrollment process lasts until the available places are filled. Further, the school administration refuses enrollment regardless of the child’s place of residence.
If the child does not get a place, the parent has the right to contact the authorities responsible for the field of education (Law No. 273-FZ, Article 67, paragraph 4). The child must be sent to the nearest school where there is a shortage of students.
How to obtain registration for a child under 14 years of age?
It is not difficult to register a child at birth.
Where to contact?If no more than 30 days have passed since his birth, then the MFC or the passport office offer a simplified procedure for registering the baby.
To do this, you must provide the following documents: birth certificate, as well as parents’ passports, where there is a registration mark.
The child is given a document indicating that now he, too, as a minor child, has his own registration in the owner’s apartment. This completes the procedure. In this case, the consent of the property owner is not required.
- Up to 14 years old. If we are no longer talking about a newborn baby, but about a child who has not yet reached the age of 14, then the rule that he must be registered with his parents also applies.
In this case, you must follow the following rules. Firstly, you need to collect a certain package of documents, which will include your child’s birth certificate, parents’ passports, marriage certificate or divorce certificate, as well as a certificate confirming that the minor does not have a second residence permit. - After 14 years. A child who has reached the age of 14 years can already be registered separately from his parents.
The law allows this state of affairs, therefore, the baby can be registered with the grandmother if the parents need to conduct transactions with real estate or other close relatives. At the same time, the package of documents required to register is further reduced. At the age of 14, an identification document of a citizen of the Russian Federation is issued, and you need to provide your child’s passport, parents’ passports, as well as the owner’s consent to register the minor with them.
Separately, it is worth mentioning the situation in which parents cannot take action regarding registration.
Busy with work or away, parents often cannot register their child.In this case, the law allows a proxy to act on behalf of the parents.
To do this, it is necessary to issue the person a notarized power of attorney for the registration of the child, which, in the list of its rights, will include registration of a minor.
The person will act on behalf of the parents, and therefore in the interests of the minor child.
When a certificate in form 8 or 9 is issued about the child’s registration and where to get it, read here.
How to find out the date of registration of a child at the place of residence via the Internet public services
In addition, registration at the place of residence is necessary and is a necessary step for obtaining a residence permit - an intermediate stage in the process of obtaining citizenship.
Attention! Permanent registration is not required when citizens receive international passports - the issuance of a document for traveling abroad does not oblige them to be tied to a permanent residence address, since the main criterion - residence on the territory of Russia - is met here by default. When contacting the Federal Migration Service with a request to issue a foreign passport, it will be enough to indicate the address of temporary stay.
How to find out the date of registration at the place of residence
Information about the date of registration at the permanent registration address can be found in the passport, where the documentary mark is recorded with a stamp .
Info
The only thing worth paying attention to in this matter is the type of document. In Russia there are currently two types of international passports: old and new. In addition to other differences, they differ in terms of validity and price: a biometric passport (new sample) can be used for 10 years and is more expensive to issue.
As a general rule, a person is required to register at a new place of residence within 90 days.
Temporary registration is carried out without deregistration at the main place of residence.
But there are exceptions to this rule. By virtue of paragraph 1 of Article 5 of the Law of the Russian Federation “On the Right of Citizens to Freedom of Movement,” if a person lives in the same subject of the Russian Federation in which he is registered, temporary registration is not required.
Important
For legal entities, the fine for this type of offense is up to 800 thousand rubles. To register, you must contact the management company servicing the apartment building or the nearest branch of the Federal Migration Service. At the same time, according to Russian legislation, no fine or administrative liability will follow if a person lives without temporary registration in the same locality in which he has permanent registration.
You can also have registration in another locality, but in the same subject of Russia.
Text prepared by Maria Gureeva
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Find out also about the necessary documents for registering a newborn.
When registering a child with his mother, the consent and presence of the father is not required by law. The requirement of some employees for such consent is a violation of regulations and is subject to appeal to higher authorities.
From 14 to 18 years old
How to register an adult child?
A minor over the age of 14 submits an application for registration at the place of residence independently, in the presence of one of the parents.
What is needed to register a child? Unlike the registration of a child under 14 years of age, the mother’s consent to registration with the father is not required in this case.
A child from the age of 14 writes an application in form No. 1.
- When reducing staff, a woman cannot be fired if her child is under the age of fourteen. Dismissal is permissible in cases where a woman regularly violates labor discipline. In this case, dismissal occurs according to the article, with the corresponding entries being made in the work book.
- If an organization in which a woman works is liquidated, she must be provided with a new job.
- An employer cannot force a woman to work beyond the established working hours or on weekends and holidays if the child is under five years of age.
- If the child has not reached the age of fourteen, the mother can work shorter hours and set her own schedule.
- A woman has no right to be denied employment due to the presence of children.
To make and receive a foreign passport for a child without a residence permit, you must:
- Collect all the necessary documents;
- Fill out the form and write an application;
- Submit documents to the nearest FMS division;
- Pay the state fee ( IMPORTANT! Do not confuse and enter the baby’s details correctly);
- Get a passport.
However, be prepared for the fact that obtaining a passport in this case may take months, and you can completely forget about urgent registration.
How much does it cost to register a place of residence?
The registration procedure for your child is not subject to fees and is carried out by parents free of charge. However, if parents do not have time to complete such a procedure on their own, they can contact the relevant organizations that can offer their services for quick registration for a fee.
The tariffs of such companies are determined depending on the region of your residence. Also, if you are acting through a power of attorney, then its execution will cost from one and a half to two thousand rubles.
Is it possible to receive child benefit with temporary registration?
Many mothers are interested in the question: can they receive cash benefits from the state if their baby has a temporary registration?
In order to receive child benefits, you just need to be a citizen of our country.
The question of where exactly you will receive benefits does not affect where you are registered.
However, it is important to provide a certificate stating that you do not receive subsidies from the state at your place of permanent residence.
What actions can and cannot be performed without registration?
If you are not serious about the issue of registration, then we hasten to notify you that the absence of the coveted stamp can greatly affect your life. What does the registration of a child affect?
Firstly, if you and your child do not have registration, this means that he will not be able to be served in a medical institution from the state, since there will be no medical insurance policy for the newborn due to registration (in this case there is no registration).
In addition, placing a child on a waiting list for kindergarten is also in question. There are a number of other restrictions that are associated with the lack of permanent registration, however, they concern adults more than children. If you become the parents of a second or subsequent child, then maternity capital payments are also impossible without registration.
But it is possible to bring the father into child support obligations through the courts even without registration.
Does the mother have the right to live at the place of registration of the child? - find out in our article.
Is it possible to register an adult child if there is a shortage of meters?
It is possible to register a child if there is a shortage of meters. Your baby can be registered in real estate, even if there are not enough square meters. Again, the principle applies that states that a child can be registered directly where his parents are registered.
If the parents have a share in the property and are registered there, then, regardless of the consent or disagreement of the owners of the main part of the apartment, the child will be registered in the same place as his parents. A child under the age of 14 is protected by the state and cannot become a person without a place of registration legally.
Read all about registering a child in a municipal apartment: how, where and in what time frame.
What does the owner risk by temporarily registering a minor?
By law, children must be registered where their parents live, and the consent of the property owner is not required for these actions. This creates certain risks for the property owner .
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A typical example of this: a citizen entered into a rental agreement and moved into an apartment with his child. Following this, he carried out temporary registration at this address for himself and for the child. The tenancy agreement has expired, there are no grounds for extending the temporary registration of the employer, but only through the court can the minor be re-registered at the same address. As a result, the owner will not be able to sell or otherwise dispose of his apartment while a child is registered in it, albeit temporarily.
To avoid such disputes, the terms and conditions must be carefully spelled out in the rental agreement. After all, according to the law, if the parents do not have permanent registration anywhere, the child cannot be discharged into the void. In the court of first instance, the owner of the property will most likely be denied the forcible eviction of the child.
A similar situation may arise when a newborn (adopted or taken into custody) child appears to a family that has moved into an apartment. With the arrival of the baby, the parents will temporarily legally register him at their place of residence, and for this they will not even need to obtain the consent of the owner of the home.
What if children are registered in the Chernobyl zone?
The Chernobyl zone is still considered a damaged area.
Therefore, if the parents have registration only in this territory, then the law allows you to register your child outside this zone, even on the condition that the parents will not be registered with him.
This is done in order to maintain the health of the newborn.
But many parents do not take this rule into account and register their child in the exclusion zone in view of the fact that double benefits are awarded for this.
