Fictitious registration of persons is considered a criminal offense. The legislation provides for a special article establishing penalties for this act. Let us consider further what threatens fictitious registration .
Sanctions
They are enshrined in Art. 322.2 of the Criminal Code. In accordance with the norm, a penalty has been established for unlawful registration of persons in the FMS. As sanctions are provided:
- Fine. For fictitious registration, a penalty of 100-500 thousand rubles is imposed on the perpetrators. or component income for 3 years.
- Forced work. They are appointed for up to 3 years. In addition, the court may prohibit the guilty person from engaging in a certain type of activity or be in a specific post for up to three liters
- Imprisonment. The maximum term is 3 years. Also in addition, the prohibition mentioned above may be imputed.
Responsibility for fictitious registration can be removed if the perpetrator contributed to the disclosure of the act. Moreover, in his actions there are no signs of other compositions.
Terminology features
The concept of " fictitious registration " is not disclosed by law. In the above article, there are no criteria for determining the illegality of registration. According to experts, the concept has in its content features similar to the characteristics of the term "fictitious bankruptcy". Its objective side involves actions consisting of a deliberately false report of insolvency. The subjective part of the act is characterized by the presence of direct intent. Similarly, the concept of “dummy registration ” should be considered.
Normative base
In accordance with the provisions of the Federal Law No. 5242-1, illegal registration of citizens at the place of residence implies registration of a person:
- on the basis of deliberately provided false data or documents;
- without the intention to stay in the room or to provide it for use by the relevant subject.
One of the key signs of a crime is the presence in the actions of the FMS employees of knowledge - reliable knowledge of the lack of proper grounds for the procedure. Article 2 of the aforementioned Federal Law explains what constitutes the legal registration of citizens at the place of residence . It involves registration, that is, recording information in the prescribed manner by the authorized body about the place of stay and location of the person at the appropriate address.
Object of crime
The norm by which fictitious registration is punished is located in the chapter on encroachments on the management order. Accordingly, the object of the act is the legitimate activities of employees, ensuring the timely registration of persons at the place of stay in accordance with the requirements of the law, as well as removal from it. The placement of the article in the chapter on encroachments on the management procedure indicates that the punishment can be imposed not only directly to officials of authorized bodies, but also to other entities engaged in fictitious registration.
Features of the subject composition
The circle of persons who may be held liable for fictitious registration is quite wide. It cannot be limited to only those entities that, although they do not act as employees, but due to professional duties and powers, are registered in hotels, rest homes, sanatoriums, campsites, camp sites, medical facilities, etc. This conclusion can be made based on an objective study parts of the act. The fact is that recognition as the subjects of a crime of exclusively the above persons will lead to the impossibility of bringing to justice those who provide deliberately false information or documents for registration. In this case, they will be considered as instigators. In addition, it would be impossible to raise and solve the issue of initiating prosecution against citizens who entered fictitious records without the intention to reside or stay in the corresponding premises.
conclusions
In 2013, Federal Law No. 376 was adopted, which introduced a number of amendments to some legal acts. His goal was, inter alia, to tighten liability for violation of the procedure for registering citizens in Russia. It follows from this that when considering the subject composition, it is not only about authorized employees who, in fact, keep records of persons. Within the meaning of Art. 322.2, the punishment may be imputed to any entity that does not fulfill the requirements. In this case, the registration of a foreign citizen at the place of residence of the owner of the premises may also be carried out legally. When qualifying an act, the purpose of registration is taken into account. If the subject did not intend to stay in the appropriate premises, then registering a foreign citizen at the place of residence of the owner of the object is a crime. Similarly, the punishment for the tenant / landlord may be imputed. He may register a citizen, but not have the intention to provide housing.
Difficulty in practice
Due to the fact that it is very difficult to track the real place of residence of citizens, the registration authorities are not able to send reliable information to other authorized structures. Such information, in particular, is necessary for the courts, tax service, military commissariats. FMS bodies cannot provide information on the whereabouts of foreigners and stateless persons who are registered in the so-called rubber houses. All this significantly complicates the forecasting and analysis of the migration situation, leveling, by and large, the very idea of accounting. Since it is quite problematic to prove a fictitious registration , many unscrupulous owners and employers use this and register a huge number of people in their premises.
The meaning of the criminal norm
Due to the influx of people from neighboring countries in the past few years, fictitious registration of foreign citizens has become widespread. The criminal law provides for the possibility of eliminating the prerequisites for illegal actions, various kinds of speculation in the field of migration registration and abuse of rights by unscrupulous owners and tenants of premises. It becomes obvious that in the case of speculation, it is usually about the actual sale of registration without the intention to provide premises for living, as well as its purchase. Such actions include the exchange of services (as a rule, repairs in an apartment), the receipt of a thing as a gift, and other illegal operations. Accordingly, the fictitious registration is considered by the legislator not only as a falsification (falsification) of registration, that is, the presentation of obviously false documents or the reporting of false information. It is regarded as a legal procedure, but carried out without the intention to provide premises.
Form 6
It acts as one of the key documents for obtaining a permanent residence permit. You can fill out the form on the Gosuslug portal or at the MFC. In the first case, it will be issued in electronic form, in the second - by hand on paper. It is necessary to take the filling of the document with all seriousness, since there should not be errors and blots in it. Otherwise, the form will have to be rewritten. Form 6 is submitted by the owner of the premises in person. Neither relatives nor acquaintances can do this. A power of attorney issued in accordance with all the rules will not help either. The exception is minors. For them, filling and filing is carried out by legal representatives (guardians, parents, etc.).
Specific situations
As mentioned above, filling out and submitting the form is carried out exclusively by the prescribing entity. The situation is more complicated if a citizen is registered in a room that does not belong to him. In this case, the owner of the object must sign on the form. The presence of the owner of the premises in the FMS is not necessary, since registration requires notarized written consent. If available, the absence of the owner is not a reason for refusing registration.
Primary requirements
The sample application for registration at the place of residence should be filled in with a blue / black pen. Words must be legible. It is advisable to write block letters. The following are attached to the form:
- Valid passport with copies of all pages marked with. If a minor is registered, then the birth certificate is provided.
- Title document for the premises.
- The consent of the owner. It should contain information about the subject receiving the registration, as well as about the owner of the object (if they are different people). In addition, the consent shall indicate information about the premises, a mark on deregistration at the previous place of residence (if necessary).
Currently, there are special consultations at passport desks. There, any person can be assisted in the preparation of the document.
Sample application for registration at the place of residence
Consider the features of filling sections of the form. First of all, the body to which the application is submitted is indicated. The "FMS of Russia" is entered in the appropriate field , followed by the republic / region / region, village / village / city. For Moscow and St. Petersburg, the region is not written. After that, in the genitive case information about the applicant is indicated - "from (full name)." The date of birth is written here (as in the passport). The line “Arrived (a)” shall indicate the locality in which the person had previously lived. Write the full address (with the number of the house and apartment). If the form is filled out by the owner of the premises, then in the line "Premises granted" should write: "I am the owner." If the owner of the object is another person, his full name is indicated. and degree of kinship. The following are the details of the document that allows you to register in the room. If the form is filled out by the owner, he shall indicate information about the state registration of the right (number and date of issue). The non-owner of the premises writes: "Based on the statement of the owner." Next, the address to which registration is made is indicated. You should write the city, street, house, building, apartment number. If something is missing in the address (for example, there is no case), the field is left blank. After that, passport information is entered in the form: series, number, by whom it was issued and when, unit code. If a minor is prescribed, the details of the birth certificate are indicated. In the line “Signature”, the words “legal representative” should be crossed out. The autograph is put without decryption, under it the date of preparation of the document is indicated. If the application is filled out by the non-owner, then the legal owner must sign in the line: "Signature of the person providing the premises." All other marks are made by employees of the FMS.
Common mistakes
The main reason for the return of the application is in illegible handwriting. A significant mistake is the incorrect spelling of the names of proper, geographical objects or the names of government agencies. It is advisable to rewrite such information from the passport. Particular attention should be paid to the format of dates. In different lines they are given in different ways. Many applicants forget about the abbreviation "r." when indicating the date of birth. All words recorded on the form must be consistent by case, number, gender. After filling, you should once again check what is written.
The timing
As a general rule, a person must contact the registration service no later than a week from the date of discharge from the previous address. The registration in the new premises is carried out within three days. If there is any doubt about the correctness of filling out the forms, it is better to contact the competent organizations for help. You can also take some forms and practice at home.
Conclusion
More recently, fictitious registration was one of the ways to generate income. It was especially widely used by owners of private homes. The legislation did not provide for any restrictions on the number of registered people. The situation was more complicated with the owners of the apartments. The norms strictly regulated the footage for each registered subject. Currently, in practice there are cases of illegal registration, however, with the introduction of additions and changes to the legislation, their number has significantly decreased. This is due, to a greater extent, to the fact that in the passport office there are usually huge queues. To register one person, you sometimes need to spend half a day. Nevertheless, today there are people who go for it. This is certainly an easy way to make money, but still illegal. Do not forget about the criminal liability for fictitious registration. Punishment is provided, after all, not only for prescribing persons.