Read on our website about how issues of enrolling a child in school or kindergarten with and without registration are resolved. And also find out whether it is possible to register a child without the consent of the owner of the living space.
A child without registration or registration. What awaits parents?
general information
It does not matter whether the citizen has reached the age of majority or has just been born.
Registration is required for everyone , and the law establishes deadlines and responsibility for non-compliance with the rules prescribed by law.
In our country today, at the legislative level, there are two types of registration: temporary and permanent.
The child may have one of the above registrations at the place of residence of the legal representatives (read the article on whether it is possible to register a child separately from the parents), that is, with the parents legally and completed on time.
Temporary registration is characterized by the fact that it has its own period established during registration, which cannot exceed three years . Also, temporary registration can exist together with permanent registration, and this is not prohibited by the legislator.
Permanent registration is mandatory for the child and must appear within a month after birth.
Find out where and with whom a newborn is registered, as well as what documents are required to register a baby, on our website.
Many regulations at the legislative level establish the need to undergo such a procedure.
Thus, Article 20 of the Civil Code of the Russian Federation states that registration must be officially issued even for a minor child, but only together with the parents or one of them (for details, see our articles on how to register a child at the place of residence of the mother or father, and also about whether it is possible to register him in his grandmother’s apartment).
Article 65 of the Family Code provides comments on the separation of parents and regulates how the issue of registering a child in this situation is resolved.
In addition, for employees of the passport office and the department of the Federal Migration Service there is a certain set of rules for registering and deregistering citizens.
This act (Article 28) explains in more detail the procedure for registering a minor child, and also, importantly, establishes a list of documents.
Amount of fine for late registration
If children are not registered anywhere, they and their parents are automatically deprived of many social services, such as: care in medical institutions and obtaining an insurance policy; the opportunity to enroll in kindergarten; receiving utility benefits; payment of child benefits without registration may cause problems with social care authorities; admission to a school institution, this especially applies to gymnasiums and schools with a strong focus on learning; library services for school-age children, etc. According to the Civil and Family Code of the Russian Federation, every citizen must have a residence permit, otherwise his parents will have to pay a fine. If a child has not been registered anywhere for several years from the date of birth, the Code of Administrative Offenses in a year provides for a receipt in the amount of up to three and a half thousand rubles, which falls on the parents or guardians. Employees of the Office of the Federal Migration Service may require a fine if the child was not registered within seven days after receiving the birth certificate or if the child was not registered within 7 days after moving. In any case, in order not to enter into conflict situations that will invariably be pursued due to the children’s lack of registration, with those who want to issue a fine to the parents, it is better to register it immediately after receiving the birth certificate.
This is important to know: Until what age can you go on sick leave with a child?
What does the law say about registering a child? Any activity of a Russian citizen must be subject to legislation. Based on these legal acts, it can be understood that: The baby must be registered in the same place where his mother and father, guardian, permanently reside; A child under the age of 14 must live and be registered only together with his parents or guardians; A teenager over 14 years old can be registered separately from his parents, but with their written consent; mother's consent to register a minor child at the father's place of residence and a sample of the owner filling out consent to registration. A teenager over 14 years old already submits applications for registration on his own, but parental consent, given in their presence or certified by a notary, is required. The living space does not have to be the property of the parents. The main thing is that they are registered in the same housing. What happens if the child is not registered anywhere for a month?
What's the threat?
Parents who neglect to register their children should be punished .
The legislator established that the punishment will be expressed in the form of financial liability , and will be a penalty.
If you want to get acquainted with the rule of law, which tells in detail in what cases a fine is imposed, as well as in what amount it is required to be paid, you need to refer to the Code of Administrative Violations, namely, Articles 19.15.1 and 19.15.2.
The amount of recovery is from two to three and a half thousand rubles and is collected in favor of the state.
Responsibility
What happens if you don’t register your child? In accordance with Law No. 5242-1 of June 25, 1993, namely Article 5, a citizen is required to obtain a residence permit after three months of unregistered stay outside the place of permanent registration.
Therefore, if a child previously had a registration, but then it became invalid, or the child lives outside the territory where he has been permanently registered for a long time, this is the basis for a monetary penalty in favor of the state.
How will the employees of the passport office or the Federal Migration Service determine that you are subject to payment of financial liability? Upon parents’ arrival in another city, they must register with the Federal Migration Service , which must make the appropriate notes on the departure sheet.
If, after three months, neither temporary nor permanent registration has been completed, a fine not only for their lack of registration, but also for the child.
If the parents managed to register themselves , but did not have time to complete the same procedure for a minor within three months, they are also subject to payment of a fine in accordance with Article 19.15 of the Code of Administrative Offences.
If a child is not registered anywhere from birth, what fine will be imposed on the parents?
Upon birth, the child receives a certificate, which will serve as an identification document , and on the basis of it he can already obtain a residence permit.
The legislator sets aside exactly one month for the newborn to receive temporary or permanent registration with his parents. But what threatens parents who are inattentive to this legal requirement?
Article 19.15 of the Code of Administrative Offenses also applies to cases where the child did not have registration from birth and did not receive it within the 1 month period allowed by law.
Late registration is equivalent to the situation mentioned in the paragraph above, however, in some cases, payment of the penalty can be avoided.
The law provides that if you had significant circumstances for this, and not much time has passed since the end of the period, you can be warned about liability at the passport office without monetary sanctions.
This applies to cases when both mother and child were undergoing treatment , or for some reason were outside the place of registration of the parent.
In other cases, if there are no compelling reasons to exempt you from paying the fine, Article 19.15 of the Code of Administrative Offenses applies to you.
What responsibility is provided if a child has a registration, but does not live at a specific address? check whether a child lives at the place of registration and announce this to the passport office.
However, the guardianship authorities carry out inspections only of dysfunctional families and there is no crime in the fact that you do not live at the place of registration.
Perhaps this is how circumstances have developed, and for some reason you live in another place. One way or another, it is much more important that the child is with his parents, and not at the place of official registration . Responsibility for this is not imposed.
Is there a threat of recovery if the child does not live at the place of registration?
If a child does not live at the place of registration and this is identified by the relevant authorities, most likely both he and his parents will be asked to apply for temporary registration .
In accordance with Article 5 of Federal Law No. 5242-1, a period of up to three months is given for registration.
Therefore, parents must listen to the demands of the authorities or, after the deadline, pay a fine for unregistered children provided for in Article 19.15 of the Code of Administrative Offences.
Find out where to get a certificate of registration of a child at the place of residence from our article.
Is it necessary to pay a fine if it has not been registered anywhere for several years?
It is this standard that is also a mechanism for regulating specific fine amounts. And therefore, employees of the Federal Migration Service or passport offices, when deciding on the amount of the penalty, refer to the conditions specified in the document.
The law provides for a certain period during which a citizen must register: it is 7 days from the date of discharge from his last place of residence. Penalties are applied in cases where a citizen does not register in a new place after the expiration of the specified period.
Articles on the topic (click to view)
- What to do legally if a mother does not pay child support
- Legal assistance to orphans
- Fixed child support under the new 2020 law if the father works
- Form of agreement on payment of alimony for a minor child: sample 2020
- Conditions and documents for obtaining a land plot for a third child in 2020 in Moscow
- Conditions for receiving and amount of maternity capital for a second child after 2020
- Federal Law 159 on additional guarantees for social support for orphans
The difference is that if the parent and child do not actually live at the place of registration of the parent and the parent does not have ownership rights to the residential premises, then the owner of the housing can write him out. And along with this, the grounds for registering a child disappear.
Individuals are responsible for delays in registration without subsequent extension. The size is determined at the time of drawing up the protocol. Example: a violator illegally resides for 3 days after the expiration of the term, he was given a week for permanent registration. If he does not complete it, he will receive another fine.
Passport office staff recommend registering a newborn within 30 days of birth.
If the deadlines allotted by law have expired, then those who have not fulfilled their obligations and, as a result, have violated the law, bear administrative responsibility in the form of payment of fines. The amounts of fines are unchanged throughout the state, with the exception of cities of special importance (Moscow, St. Petersburg), in which the amount of administrative penalties is significantly higher than the basic one in the country.
Temporary registration is necessary for citizens if they plan to stay in another region of the country where there is no permanent registration for a long time.
Failure to register in itself does not imply the imposition of penalties on parents. But sooner or later they will have to take care of registering the child. Then the fact of violation of the registration deadlines provided for by law will be revealed and administrative sanctions will be imposed.
The law provides for the imposition of a fine as a penalty. Fine for late registration Let's consider what fine is provided for late registration.
The requirements of Russian legislation should not be ignored. The presence of facts of administrative liability can negatively affect a citizen’s reputation, for example, when applying for a visa to travel abroad, when checking a future employer, etc.
In the main document of a Russian citizen, permanent registration is reflected in the form of a stamp. The concept of “registration” has not been used in official documents and legislative acts since 1993. However, for convenience and out of habit, people still use this term.
Basically, the responsibility for registering a child at the place of residence falls on the parents. In case of their absence, this is done by legal representatives. First, you need to collect a number of documents giving the right to register a newborn.
Appeal
Is it possible to appeal a fine for a child’s lack of registration? If you think that they are illegally demanding to pay a fine (for example, there are good reasons and reasons why you simply could not complete the formalities), you can file a claim in court.
At the meeting, they will consider your arguments and make a decision, according to which you will either be brought to administrative responsibility or released from it.
You can also suggest that the passport office employees not take the case to court and provide the department with a statement with justifications and evidence of your inability to complete documents within a certain time frame. The application must be reviewed and a decision made.
