In the legislation of the Russian Federation there is a concept that is valid throughout its territory. This is a permanent registration of any citizen of the country at his place of residence. It is designated for any person as a stamp on a specific page of the passport, in which the address of permanent residence is affixed. Sometimes permanent registration in the old manner is called a residence permit.
In order to receive such a stamp in the passport, a citizen is obliged to apply to the Federal Migration Service (its territorial authority) and present documents that indicate his right to reside at this address.
Legally, the fact of such registration includes a notification by a citizen of the state that he lives permanently at the address indicated in the passport. If this is true, it is considered that the addresses of residence and registration with him are the same.
What is this for?
By default, this procedure is implied for the majority of the country's population. This position is used primarily in the state planning system. Having data on the number and composition prescribed in a particular locality, you can calculate the need for the right number of kindergartens, schools, the number of units of urban transport and other infrastructure elements. Without such information, the normal functioning of any city or village is impossible.
That is why the state has made the registration procedure at the place of residence mandatory. If you live without it, a citizen may be fined. This provision is taken into account by the Code of Administrative Offenses of the Russian Federation. The size of the fine is 2-3 thousand rubles.
But how really?
Nevertheless, in the life of most of our fellow citizens there are very often situations in which the place of actual residence is not indicated in the passport, but quite different. Often a person needs to leave the place of permanent registration and go to another city (for example, to study or on a long business trip).
The legislation does not require that every departure from home be accompanied by deregistration and a new stamp in the passport on registration. According to the legal standards in force in the Russian Federation, any citizen can stay in another city / settlement without registering a new registration for a period of 90 days.
If the stay in a place other than permanent residence is delayed for a longer period, then in order not to conflict with the law, it is worth confirming the place of actual residence by issuing a temporary registration procedure. In another way, it is called registration at the place of stay.
What is needed for this?
To get it, you will also need to include the necessary document about the place of actual residence in the FMS body (its territorial branch), justifying your right to temporary registration. For example, if you rent a house, such a document may be a lease.
An additional advantage for a citizen in obtaining temporary registration, in addition to the absence of conflicts with the law, is the ability to use the services provided by the social infrastructure of the city where he actually lives. For example, he has the ability to attach to the clinic at the place of actual residence, etc.
Of course, it is theoretically possible to live “not by registration” even without paperwork. Often those who leave for another region to earn money, while remaining permanently registered in their hometown, do this.
What is the place of actual residence?
Now let's take a closer look at what exactly is meant by the laws of our country under the concept of the place of stay. This, as a rule, is a certain object where a person is located, that is, he does not live permanently - a camp site, a hotel or a rented apartment. As already mentioned, a citizen is obliged to register there in a situation where his stay is delayed for a period of more than 90 days. You can do this in a sanatorium or hotel immediately upon arrival.
The address of the place of actual residence is registered for up to five years. Then registration can be extended. Its specific time is determined by those who own the premises. It also depends, for example, on the duration of the lease.
As a confirmation of temporary registration, a citizen is issued a special certificate indicating his personal data and information about the occupied premises.
About the place of residence as such
But how is the concept of residence deciphered in the legislation of our country? By it is meant an object serving as a place of permanent residence. Most often this is an apartment or a residential building. Registration in it is mandatory in some cases, in particular when moving to permanent residence in another place.
What documents do you need to stock up for registration of a permanent registration? This is usually a certificate of ownership of the residential property (for example, in the case of buying an apartment). If we are talking about a new building, such a document can serve as an act of acceptance at home. When a person registers in someone else’s apartment, one cannot do without the consent of the owner of this room.
Permanent registration is considered to have no restrictions on the duration of its validity. It can only be annulled in certain cases provided for by law. Such registration, as already mentioned, must be confirmed by a stamp on the corresponding page of the passport.
Place of residence and place of actual residence - differences
Let's try to summarize all of the above and once again list the differences that exist between the place of residence and place of residence. The latter implies a housing facility for permanent residence of a person. Most often this is the apartment that he owns. Whereabouts or place of actual residence - this is where a person stayed only for a certain time. For example, a hotel room or rented accommodation.
If the concept of residence implies a permanent residence registration, then at the place of stay it is only possible temporary, under the terms of a lease or with the consent of the homeowner.
Documents confirming the actual place of residence depend on the specific situation.
When registering at the place of permanent residence, stamping in the passport is required. When it comes to registration at the address of the place of stay, only a special certificate is issued.
A step away from the law
The next logical question that almost certainly arises in the head of every person who is forced to solve the issue of temporary registration: how important is all this from a legal point of view? But what if the addresses of actual residence and registration do not coincide? What punishment can a person face for such a mismatch?
To answer these questions, we turn to article 27 of the Constitution. It shows that each of us has the right to move freely throughout the country and choose our own place of residence and stay. And also without obstacles to travel outside the Russian Federation and return. The modern interpretation of the law implies registration (registration) by a measure of notifying the controlling state body of its whereabouts in a particular place.
But at the same time, it is understood that registration refers to duties, not rights. That is, by changing your place of residence, you must notify the state.
How is it actually?
In practice, the situation where these addresses do not coincide is much more common than might be expected. According to article 20 of the Constitution, the place of residence of each of us is where we live permanently (most of the time). If the case concerns minors (children under 14 years of age) or guardians, the place where they live must coincide with that of the parents or guardians.
In 1995, the government adopted Decree 713, which states: the place of actual residence is the address provided during registration. If a person does not comply with this provision, the necessary marks must be entered into the documents.
Temporary registration does not cancel the permanent one. The absence of it may become critical in some cases considered by law, in particular, when applying for a loan at a bank, etc.
What threatens violators?
What will happen if a person does not live where he is registered? Can this be done?
Officially ignoring the registration faces the same fine from 2 to 3 thousand rubles., According to article 19 of the Code of Administrative Offenses. If the violation is recorded on the territory of a city of federal significance (such as our capital and St. Petersburg), then the penalty increases to the amount of 3-5 thousand rubles.
The person who provided the citizen with this housing can also be punished. That is, the owner of the apartment or the tenant of municipal housing, as well as another citizen who has the right to dispose of housing. They face fines of the order of 5-7 thousand rubles. for a private person (owner or responsible tenant). If we are talking about an official, the size of the fine can be much more serious - from 30 to 50 thousand rubles. When the organization is found guilty, the fine may increase to very, very serious amounts - from 300 to 800 thousand rubles.
There are even criminal situations that fall within the scope of the Criminal Code of the Russian Federation. For example, if asylum is granted to a person who has committed a crime or is suspected of it. In such cases, prosecution according to the Criminal Code of the Russian Federation is quite possible.