With the adoption in 1993 of the new Constitution in Russia, the term "registration" formally ceased to exist, since it does not correspond to the principle of the right to freedom of movement (Article 27). However, in accordance with the provisions of the Federal Law No. 5242-1 (Art. 3), every person who is on the territory of the country is obliged to notify the state of his whereabouts. Notification takes place using the registration procedure. As a result, registration as a legal phenomenon still exists, but under a different name.
Temporary registration of children: tasks and regulations
In the Russian Federation, all people must be registered where they live or reside. The first option is called permanent registration, and the second is temporary. There are no exceptions to these rules. All people, including newborn babies and insane citizens, must undergo state registration with the authorities that control the migration process.
Parents or guardians are responsible for registering minor family members.
The obligation to register the stay of children is determined by the following laws:
- On the right to freedom of movement (Federal Law No. 5242-1). This law applies only to Russian citizens. Its standards are unified, that is, they apply to all persons. The rights of minors are not considered separately;
- Code of Administrative Offenses. Article 19.15.1 provides for the responsibility of homeowners for the fact that someone lives on this living space without registration;
- On the registration of foreigners and stateless people (Federal Law No. 109). Article 20 of the law is devoted to the registration of non-Russian citizens at the place of their temporary location. Foreigners must declare their location at the place of residence on the basis of documents confirming the ownership of real estate. In addition, the basis is the written consent of the owners of the living space. They are obliged to do this within the same time frame as the citizens of Russia, that is, within seven days. For children, the law does not provide for an exception.
A minor living in a country without registration is out of the attention of the state.
This means that such a child cannot:
- Receive benefits;
- Have a medical insurance policy;
- Go to kindergarten and school;
- Get a passport.
These are just some examples of restrictions that are unwittingly imposed on a little person and his parents. In fact, if the children are not temporarily registered (and it is better to make a permanent registration), then there will be many problems.
What you need to have for temporary registration
If the parents live apart, then the registration of children is carried out at the place of residence of only the mother or father. Children can be registered without the consent of the owner of the property and everyone who lives in this living space. Violation of sanitary standards in this case is not a valid reason for refusing to issue a registration.
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Registration of children has procedural differences depending on the situation. From this point of view, we can only talk about two options:
- Registration of children who already had a residence permit;
- Infants discharged from the hospital
A newly born person does not have identification documents, so he can be registered after the birth certificate is issued.
In order to make a temporary registration for a child discharged from the hospital, it is necessary, on the basis of a certificate from a medical institution, to first issue a document identifying the person's identity and citizenship.
After that, the following are submitted to the relevant authorities:
- Application (form No. 6);
- Parents' passports (usually one is enough);
- Birth certificate;
- Marriage or divorce certificates;
- Certificate of absence of another registration.
The last two documents in the list are provided on a case-by-case basis. Divorce or marriage certificates are needed so that migration officials can track the registration of a minor to the address of the other parent. If there is information only about the mother or father, then these documents are not provided.
The law does not define special deadlines for filing documents for registration of newborn children, so this procedure is given a standard time, that is, 7 days. However, such a period often turns out to be unrealistic, since the parents are busy with many urgent and necessary matters. For this reason, it is common practice to register children 30 days in advance. It is during this period that a certificate from the hospital is valid.
If this is not the first time children go through the registration procedure, then the package of documents may contain the so-called departure sheet or form No. 7. A document on the ownership of the housing by a person or organization is also required.
Where to contact
Documents for the temporary registration of a child can be submitted to:
- FMS;
- MFC of this administrative-territorial unit;
- Passport office of the management company or organization that owns the property.
The application can also be submitted via the Internet using the State Services portal. Since registration requires originals of documents, only an application is drawn up on the Internet, and everything else is submitted at the appointed time to the territorial office of the FMS or to the MFC.
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Children who have not reached 14 yearsfit into the documents of the parents. People over this age have a passport, so they fill out the application themselves.
How long to wait and how much to pay
If a person has brought all the documents to the passport office or to the territorial division of the FMS, then registration takes no more than three days. If, for example, there is no certificate of ownership or use of residential real estate, then the decision-making authorities will have to spend time checking the ownership. It usually takes another 3 days.
If the parents already have a residence permit, then formally their children should be registered free of charge. Problems arise when parents want to register their children at a different address. This is usually necessary in order to place children in the right kindergarten or good school. In this case, the services of intermediaries and homeowners who agree to a residence permit are paid for.
What is a temporary registration
There are two types of temporary registration for children. She may be:
- The only one;
- Additional.
The latter option is presented by a situation where children have a place of permanent residence, but they are temporarily forced to stay at other addresses for a long time.
It can be a stay in:
- Medical institutions;
- Settlements where their parents temporarily work;
- Boarding schools;
- Places for displaced persons.
A residence permit issued for a limited period may be the only way of registering children. This is typical for foreigners and stateless people.
Without parents
A minor is forced to stay away from his parents and his permanent place of residence for a long time while in a boarding school or medical institution. In such a situation, the management of the institution is responsible for registering a minor.
To get a job in the right school
Recently, the practice of temporary registration of children with permanent residence in a given settlement has become widespread. Parents choose the right area for their children to go to the right school. This action is not entirely legal.
In order to combat the artificial overload of schools, the FMS authorities carry out checks and transfer children to schools at the place of permanent registration. Sometimes parents are fined because their actions are qualified as organizing a fictitious registration.
For children who do not have a permanent residence permit, this is the only way to get a public education. In this case, they go to the school at their place of stay legally.
Without the consent of the property owners
If, for example, an adult rented a house and received a temporary residence permit in it, then he can bring an unlimited number of his children and register them at the place of stay. However, the children of such a person will live with him legally only until the end of his term of registration.
With a mortgage
A person who has entered into an agreement with a bank may be registered in an apartment purchased with a mortgage. Formally, a person who bought an apartment on a mortgage is not the owner of real estate. However, within the framework of the concluded contract, he can decide who exactly to register in his apartment.
The only limitation is the transfer of housing to the ownership of the bank due to non-payment of the loan debt. In this case, any registration at this address will be canceled.
Sanctions in the absence of registration for children
As follows from the provisions of Art. 19.15.1 of the Code of Administrative Offenses of the Russian Federation, responsibility for living without registration is borne equally by the tenant and the owner. The consequences for both sides come in the form of a fine.
Its dimensions are for:
- Not owners – 2000-3000 rubles;
- Owners - individuals – 2000-5000 rubles;
- Legal entity – RUB 250,000-750,000
Only people registered in the same settlement, but in a different area, are exempted from punishment. Property owners are not held liable if their children, spouses, parents, grandchildren, grandparents live without registration.
In what case may minors be refused registration
If one of the parents is registered in the apartment, and the child has no registration at all, then any refusal to register at this address is not legal.
They can refuse only in the following cases:
- Finding housing in areas of environmental disaster, military operations, sanitary and epidemiological trouble;
- Real estate belongings to a closed military unit;
- Emergency condition of a house or apartment.
Rights and obligations of the registered and owner
The owner of real estate is responsible for everything that happens in it, so he can allow or prohibit attaching someone to his area. The exception is children who register regardless of the wishes of the owner or the responsible tenant.
However, having allowed a person to register on the living space, the owner cannot arbitrarily write out the tenant. If the registration is temporary, you will have to wait until the end of its term. It is possible to deregister a person ahead of time only through the courts in case of violation of the rules of residence by the tenant.
A person who does not own real estate, but is registered in it, must comply with all the rules of residence. Temporary registration in terms of rights and obligations is no different from permanent registration.
Liability for fictitious registration
The fake registration may look like a real one. However, the fictitious nature is that the person does not live at the specified address. Responsibility for this act is borne by three parties - a fictitious tenant, a real estate owner, an employee of the Federal Migration Service.
This offense is considered a criminal offense. Article 322.2 of the Criminal Code of the Russian Federation provides for punishment in the form of:
- Fine in the amount from 100,000 to 150,000 rubles;
- Forced labor for up to 3 years;
- Imprisonment up to 3 years old;
- Prohibition of the type of activity (up to 3 years old).
The severity of the sanctions is related to the importance of the institution of registering people. Children must be registered in order for the state to be able to control their movement and protect the rights of minors in the country. So having a residence permit is not only necessary, but also beneficial.
