Temporary registration at the place of stay for a citizen of the Russian Federation: rights and obligations. Legislative regulation

Changes in the law on the procedure for registering citizens of the Russian Federation at their place of residence

The Federal 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” came into force on June 25, 1993. The law stipulates the rights of foreign citizens and citizens of the Russian Federation to freedom of movement.

Over time, changes, additions and amendments are made to all legislative acts. The need for innovation lies in maintaining the relevance of the provisions of the law in accordance with the circumstances that arise

.
This Federal Law No. 5242-1 was last amended on April 3, 2020
. The amendments were made on the basis of Legislative Act No. 65.

Article 5 of Federal Law No. 5242-1

The provisions of this article indicate the rules for registering a citizen at the place of residence, and also contains rules for deregistering citizens. Key points of Article 5 of the Law on Registration of Citizens of the Russian Federation:

Registration at the place of stay must be completed within a strictly established period of time - within 90 days from the date of the citizen’s arrival in the residential premises;
there is no need to carry out the registration procedure if the citizen is registered in the same locality;
It is not necessary to carry out the registration procedure at the place of residence in Moscow if you have a residence permit in a city of federal significance - Moscow, Moscow Region;
it is not necessary to carry out the registration procedure at the place of residence in St. Petersburg if you have a residence permit in a city of federal significance - St. Petersburg, Leningrad Region;
it is not necessary to carry out the registration procedure at the place of residence in the city of Sevastopol if you have a residence permit in a city of federal significance - Sevastopol, Republic of Crimea (this part of Article 5 was introduced with the latest edition of the law);
after submitting a package of documents to the registration authority, employees of the institution are obliged to register the person at the new place of residence within three working days;
registration and removal of a citizen from the place of stay from some institutions (sanatoriums, prison, boarding house, camping, etc.) is carried out by the administration in accordance with the date of arrival and departure;
If the fact of fictitious (false) registration at the place of residence is revealed, then employees of the registration institution begin the process of deregistering the Russian citizen.

Also, on April 3, 2020, changes were made to Article 5 of Federal Law No. 5242-1 - “parts five through fourteen shall be considered parts six through fifteen, respectively,” since one part of the article has lost force.

There is another important law dedicated to issues of civil status. You can learn Go here:

Law on registration and registration in 2020 in Russia

Any person, regardless of which country he is a citizen of, is required to register at his place of residence or place of residence.

The norm was introduced in accordance with the instructions of the Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation.” It was published on December 21, 2013 under number 376-FZ.

It notes the mandatory nature of the procedure for both Russian citizens and foreign nationals, as well as the consequences of failure to comply with its standards.

Procedure for registering citizens of the Russian Federation at their place of residence

The procedure for registering citizens at their place of residence is regulated by several laws:

Constitution of the Russian Federation;
Housing Code of Russia;
A legislative act regulating the right of citizens to freedom of movement throughout the country;
Registration Law;
Russian regulations stipulating the rules for registration and the rules for deregistration.

According to the provisions of the new law on registration, the procedure for registering citizens at their place of residence is as follows:

Initially, you need to draw up an application in which you indicate a request for deregistration from the previous registration address;
The following is the deregistration procedure. You need to come to a specialized government agency with a collected package of documents, on the basis of which a departure slip will be drawn up;
After receiving the disposal sheet, you must fill out a registration form (on your own or with the help of a FMS employee);
Now you need to submit a package of documents for registration at your new residential address. In addition to submitting papers, all family members over 14 years of age are required to appear at the passport department
.
If all submitted documents are properly prepared (in accordance with the law), then the FMS employee accepts and certifies them
. According to the law, after the certification procedure, the package of papers is transferred to the head of the department. It is up to the boss to decide how long the documents will take to be ready;
One of the family members who is participating in the process of re-registration at a new place of residence has the right to come for the completed papers. All documents are issued against the signature of the recipient.

Registration period

According to the provisions of the Federal Law “On the right of citizens of the Russian Federation to freedom of movement, choice of address and residence within the Russian Federation”, to carry out the registration process at a new place of residence, you can contact:

to the FMS office;
to the Internet portal of State Services;
to the department of the Ministry of Internal Affairs, replacing the FMS;
to multifunctional centers;
to the management company at the place of registration;
to the passport office.

Each citizen chooses the authority for submitting documents independently. According to the provisions of Federal Law No. 5242-1, officials of the registration authority are obliged within three working days .

Required documents

Article 6 of the Law of the Russian Federation on the registration of citizens of the Russian Federation contains a list of papers required to carry out the process of re-registration from one residential premises to another.

List of required documents:

Statement;
Identification;
Papers confirming the rights to residential premises (house, apartment). For example, a lease contract or a document indicating ownership;
Retirement sheet;
Arrival sheet;
Permission for registration (permission is required if the citizen is not the owner of the property).

By law, the application must contain information:

Name of the institution to which the application is submitted;
Full name of the applicant;
Full name of the property owner;
Grounds for registration in this residential premises;
Address of new housing;
Applicant's passport details;
Date of eviction from previous residential address;
Homeowner's signature.

Applications can be found here.

Emerging Responsibilities

The Decree of the Government of the Russian Federation “On approval of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation and the list of officials responsible for registration” provides clear instructions regarding the implementation of registration.

Any evasion from compliance with the standards of legislative acts entails the application of sanctions, up to and including criminal liability.

Registration at the place of residence must be carried out within 3 months, as noted in Government Decree No. 713.

If citizens do not register in a timely manner, then a penalty is applied to them.

Download the law

The Federal 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” contains all the features and nuances of registration. In case of non-compliance with the norms of this law, citizens and officials will be brought to administrative responsibility
. Responsibility for failure to comply with registration rules is specified in the Code of Administrative Violations of Russia.

Responsibility under the Code of Administrative Offenses of the Russian Federation:

A fine of 2-5 thousand rubles is paid for staying without registration for more than a week (7 days). For residents of large federal cities (Moscow, St. Petersburg), the fine is 5-7 thousand rubles;
Fine in the amount of 3-5 thousand rubles. individuals who rent out their residential property to persons without registration are required to pay
.
And legal entities - 50-750 thousand
.
rub. In cities of federal significance, the amount of the fine is much higher, for individuals it is 5-7 thousand rubles, for legal entities - 300-800 thousand
. rubles

In order to avoid being held accountable under the Administrative Code during the registration process at a new address, you must know and comply with the provisions of Federal Law No. 5242-1. You can download the Federal Law on registration here.

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window on the right, at the bottom of the screen, or by calling the numbers (24 hours a day, 7 days a week):

+7
— Moscow and region;
+7
— St. Petersburg and region;
+7
— all regions of the Russian Federation.

Current legislation establishes a fairly large list of rules that must be followed in the process of registration at the place of residence.

It is worth noting that these rules are constantly subject to various adjustments, and therefore people who are planning to change their place of registration or are simply leaving their home for a while need to monitor these changes.

It will be useful for many to learn about what the latest edition of the rules for registration at the place of residence looks like and how this procedure should be carried out in 2020.

New registration law 2020

Every year local changes occur in legislation, which are generally not of much interest to the average Russian, since they do not have a global impact on the process.

In 2020, the situation has changed a lot. A law has come into force that completely changes the procedure for submitting documents and registering property rights. This applies to all real estate acquired on a permanent basis.

The main advantage is that the procedure is greatly simplified. Now in one action you can register your rights and register with the cadastral register. Previously, this option was not provided. The new law also changes the methods of obtaining services.

Now available to choose from:

electronic;
personal contact at the office;
usage .

Not only the reception has changed, but the procedure for issuing documents for real estate has changed. Previously, anyone could apply for registration. Now categories of citizens are strictly regulated. This is either the owner himself or the legal holder of the plot on which the property is located.

Not on January 1, but on July 15, another important change was made to the housing code. A registration certificate is no longer issued. In general, this does not threaten anything. The owner retains the extract as proof.

Major changes

The law has changed a lot since 2020, but it is very difficult for the average person to keep track of all the legal intricacies. In this case, it is important to know the most basic changes.

They include:

reduction of registration periods;
the only condition for refusal of documents is the absence of a passport;
The provisions for legal entities have been changed.

In particular, for legal entities it is prescribed to abolish the requirements of statutory documentation. It is possible not to provide such documents completely legally after the introduction of new rules.

Since 2020, registration of rights and cadastral registration have come under the control of one body. Previously there were two organizations. Now Rosreestr is responsible for everything.

General terms

After purchasing a new property, its owner will have to obtain registration at the new address.

To do this, he will need to contact the territorial division of the migration service or the passport office operating at the nearest management company, and then provide the following list of papers:

passport;
military ID;
documents confirming ownership of the specified real estate;
documents with the necessary information about all close relatives who will be registered with this citizen.

In order to obtain registration, you will need to purchase a specialized application form, which can be obtained from the accounting department of the selected management company.

On this form, the owner of the specified property will need to write an application addressed to the head of the local branch of the migration service indicating a request for registration of a residence permit for the interested person based on the right of ownership of the housing. In addition, his close relatives can also register with him.

Registration will be issued in the same department to which the corresponding application was submitted. Moreover, if a person belongs to the category of those liable for military service, then in this case he will be provided with an apartment card, which in the future will need to be presented at the military registration and enlistment office

. The card with the military commissar's mark must ultimately be returned.

Sample of filling out an application for registration at the place of residence

If a citizen has been discharged from his previous place of residence, he has ten days to complete a new registration. If he did not carry out the procedure

extracts

, then such a restriction will not be imposed on him, and he can apply for a new registration at any convenient time.

A place of temporary residence means a certain property in which a person intends to live for a certain period of time.

Such real estate may be:

camping;
sanatorium;
hotel;
tourist base;
medical institution;
the institution in which the person is serving the sentence;
any other residential premises that is not the citizen’s place of permanent residence.

If the lease agreement drawn up with the owner of the property is used as the basis for registration. In this case, the applicant has the right not to provide the above documents, and it will be enough to list the necessary details in the completed application. The registration procedure is carried out in the same way if it is carried out on the basis of a certificate of ownership of the specified real estate.

If settlement is carried out without the participation of the management company, the documents are submitted by the registered person or the owner of the provided property. A citizen must necessarily notify the registration authority about the period for which he is moving into the specified property.

The registration period in this case is unchanged - regardless of the type of registration, documents are processed within no more than eight days.

Certificate 8 about registration

issued by the MFC or FMS.

What is the basis for registration at the place of residence in the Russian Federation - find out all the details here.

Law on registration

Despite the fact that the presence or absence of registration does not affect the exercise of the rights and freedoms of citizens, the law obliges them to notify government services of their place of permanent residence or temporary location.

This makes it possible to exercise the rights of those persons to whom the citizen has obligations (Article 3 of the Law).

The law specifies the procedure and terms for registration and deregistration. Registration at the place of temporary residence does not exclude registration at the place of residence.

In other words, when going on a business trip, vacation, or simply temporarily working in another locality, there is no need to check out of the apartment at the old address.

This normative act establishes restrictions for the exercise of freedom to choose places of residence and stay.

But there are few of them, and they relate to such specific objects as:

border zones;
military camps;
BUT;
emergency zones.

Citizens of the Russian Federation

The law concerns, first of all, Russian citizens. It is they who are guaranteed by the Constitution the right to freely choose a place for permanent or temporary residence.

Any restrictions on this right, except those established by the same law, are unacceptable.

Registration is carried out by regional branches of the Federal Migration Service (FMS). It represents a certain type of mark in the passport.

If such a document is not available for a number of reasons (for example, due to being a minor), then a separate document is issued - a registration certificate.

Registration deadlines vary:

when changing your permanent place of residence, you must submit documents for registration within a week (Article 6 of the Law);
three days later, receive a stamped passport;
The law does not contain any deadlines for deregistration.

The place of residence should be registered if it and the place of residence are located in different constituent entities of the Russian Federation (Article 5 of the Law).

The period for completing such registration has been increased to 90 days.

That is, being on a business trip or on vacation does not entail such an obligation for a citizen. However, hotels, sanatoriums, etc. have it, which themselves carry out all the necessary activities.

What is needed to apply for temporary registration? Find out here.

Minor children

The place of residence of children under 14 years of age is the place of residence of their parents (Article 20 of the Civil Code of the Russian Federation). The same rule applies to guardians and their wards.

Until a child receives a passport, he cannot be registered separately from his parents.

In cases where parents divorce, the issue of determining the place of residence of the children is also decided. If a voluntary agreement is not reached on this issue, then the place of the child’s intrigue will be determined by the court.

In order to register a minor in the living space of the parents (one of them), there is no need to ask the consent of the owners or other family members.

But registration does not give children the right to claim part of the parental apartment other than by inheritance.

Newborn baby

The same rules and terms apply to a newborn child as to adult citizens. But the seven-day period for filing an application for registration begins from the moment the parents receive a birth certificate issued by the civil registry office.

However, FMS employees may not apply penalties in case of minor delay.

Registration of a newborn Russian citizen is of greater importance for his parents than for the state.

Without it it is impossible:

obtain many certificates;
register maternity capital;
get on the waiting list for kindergarten, etc.

On the other hand, violation of registration deadlines prevents the realization of the rights of a small citizen, which is the reason for bringing parents to justice.

In 2020, citizens can register at their place of residence and in a residential building located on a garden or dacha plot.

The key concept here will be “residential building”, since not all buildings erected on such sites are classified as such.

To transfer a residential building located on a summer cottage to the category of residential buildings, you must contact the interdepartmental commission of the locality on whose lands the building is located.

Administrative regulations and accounting

In accordance with the administrative regulations, the following is carried out:

designation of the exact definition of the required duties and rights of the government body, as well as the scope of its legal responsibilities;
establishing the exact procedure, as well as the form of interaction between departments of government structures at each stage of resolving the issue relating to the provision of required public services to citizens;
providing the opportunity to all kinds of companies, individuals or public organizations to ensure control over the consideration of their appeals.

The administrative regulations were developed with the goal that public organizations or ordinary citizens could receive a full list of services that are provided when contacting government bodies.

Today, the previously existing concept of registration has been completely abolished, and instead of it there is registration at the place of stay or residence, the result of which is a mark in the passport or the provision of a specialized certificate, on the basis of which information about the current place of residence of a particular citizen is recorded.

Registration of citizens after they choose a place of new stay or residence does not necessarily provide for the need to deregister a person at their permanent residence address.

In accordance with current legislation, registration of a citizen is carried out free of charge, and this procedure should be carried out within no more than three working days. The deadlines can be extended to eight days only if the executive authorities require any additional information about the person being prescribed.

In order for authorized migration service employees to put the appropriate mark in the passport, you will need to give them an address sheet on deregistration, a civil passport, as well as permission granted by the owner of the specified property to obtain registration.

Withdrawal at the previous address will be relevant only if the person is going to change his place of residence for a fairly long period of time and does not intend to return back.

Regulatory rationale

In Russia, in order to ensure equal rights and freedoms for all citizens, registration of all foreigners is carried out at the place of residence. In simple terms, this law primarily applies to those who change their place of residence on a permanent basis. All procedures, on the one hand, are strictly regulated. On the other hand, they go through very quickly if you collect and submit documents correctly.

Many people call the registration institute the term “propiska”. Essentially, it's the same thing. Registration is an outdated term that will never be used by passport office employees and other officials working in government agencies. However, it is important to know that regardless of the name, the procedure is the same.

Russian law says that every Russian must be registered at the address where he lives.

All legal provisions are presented in the Housing Code, which is responsible for this area of law.

Registration is divided into two types - permanent and temporary. By permanent we mean classical registration. In this case, the citizen applies for registration at one place of residence. In such a situation, registration is usually issued only for the resident’s family. It is rare when there is a person who is able to register a stranger on a permanent basis in his living space.

The concept of temporary registration includes situations when a person plans to stay away from his home for up to 90 days.

This is relevant for the following categories of citizens:

students;
military personnel;
foreign specialists;
workers on business trips.

In this case, temporary registration allows the above categories of citizens to officially stay at the place of residence.

Registration rules

The simplest situation is for those citizens who have purchased their own housing.

The new owner must collect the following documents:

passport;
military ID (if available);
contract and certificate confirming ownership of the apartment;
documents of those people who are planned to be immediately registered in the new housing.

Next, you need to write an application addressed to the head of the department of the Federal Migration Service, in which you plan to register. Please note that based on home ownership, registration is issued immediately. In this case, the procedure must be completed quickly - within ten days. Otherwise, a fine may apply.

Alternatively, it is possible to submit the necessary documents online. Registration can be completed through the developing State Services portal. The most obvious advantages are saving time. Everything is intuitive. The process takes no more than ten minutes.

Soon, following the results of the procedure, a message with information about the results and an invitation to visit the passport office will be sent to the user’s personal account.

Is it possible to register in a mortgaged apartment? See here.

What does the latest version of the rules for registration at the place of residence say?

It is worth noting a few of the most important points that citizens who are planning to apply for registration need to know:

registration authorities are a territorial division of the migration service;
place of stay - the place where a person lives on a temporary basis;
place of residence - real estate in which the citizen spends the majority of the time;
persons responsible for registration - the owner of the property, the registered person, as well as employees of the territorial division of the migration service;
in various territories where a state of emergency has been declared or which are closed, citizens are registered taking into account the restrictions prescribed in the current legislation;
violation of the current legislation provides for the imposition of appropriate liability on the citizen;
temporary registration is carried out if a person intends to stay in a place that is not his main address of residence for more than 90 days;
the period for registration of temporary registration is established by an agreement drawn up with the owner of the property;
authorized employees of government bodies, after receiving all the necessary documents, must transfer them to the migration service within no more than three days;
Migration service employees must check the documents within three working days if there are no obstacles to this procedure;
if a person registers in a sanatorium, hotel or other similar institution, all necessary measures must be carried out by representatives of the administration of this institution;
Temporary registration does not require deletion from permanent registration.

Reasons for removal

Russian citizens can be deregistered for the following reasons:

in case of a change in your permanent place of residence, when preliminary deregistration is required based on a submitted application to the migration service;
if conscription is necessary for military service, when withdrawal is carried out on the basis of data received from the commissioner;
in the process of eviction from residential real estate or in the event of recognition of the fact that a person has lost the right to use this housing, when the procedure is carried out on the basis of a court decision;
in case of recognition of a citizen as missing, when the procedure is carried out on the basis of a court decision;
upon death or a corresponding decision by the court, when a death certificate is used as the basis;
in case of conviction and subsequent serving of a sentence in an appropriate institution, when the basis is a court verdict.

In the vast majority of cases, eviction is carried out upon the application of the property owner, but in some cases people can deregister on their own.