The place of actual residence is what?

In the legislation of the Russian Federation there is a concept that operates throughout its territory. This is a permanent registration of any citizen of the country at his place of residence. It is marked for any person as a stamp on a specific page of the passport, in which the address of permanent residence is marked. Sometimes a permanent registration in the old manner is called a residence permit.

In order to obtain such a stamp in the passport, a citizen is required to apply to the Federal Migration Service (its territorial agency) and produce documents that indicate his right to reside at this address.

Legally the fact of such registration involves a notification by a citizen of the state that he lives permanently at the address specified in the passport. If this is the case, it is considered that the addresses of residence and registration are the same.

What is it for?

By default this procedure is meant for the majority of the population of the country. First of all, this provision is used in the system of state planning. Having data on the number and composition of registered in this or that locality, it is possible to calculate the need for the necessary number of kindergartens, schools, the number of urban transport units and other infrastructure elements. Without such information, the normal functioning of a single city or village is impossible.

That is why the state made the registration procedure at the place of residence mandatory. In case of residence without it, a citizen may be fined. This provision is taken into account by the Code of Administrative Offenses of the Russian Federation. The amount of a fine is an amount of 2-3 thousand rubles.

But how really?

Nevertheless, in the life of most of our fellow citizens there are often situations where 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, for study or for a long business trip).

Legislation does not require that every departure from home is accompanied by removal from the registration records and a new stamp in the passport for residence. According to the legal norms in force in the Russian Federation, any citizen can stay in another city / village without registering a new registration within a period of 90 days.

If staying in a place other than permanent residence is delayed for a longer period of time, then, in order not to conflict with the law, it is necessary to confirm the place of actual residence by formalizing the procedure for temporary registration. In another way, it is called registration at the place of stay.

What is needed for this?

To receive it, you also need to include the necessary document about the place of actual residence in the FMS body (its territorial office), which justifies your right to temporary registration. For example, if you rent housing, such a document can become a lease.

An additional advantage for a citizen in the registration of temporary registration, in addition to the absence of conflicts with the law, is the opportunity to use the services provided by social infrastructure facilities in the city where he actually lives. For example, he has the opportunity to attach to the clinic at the place of actual residence, etc.

Of course, it is theoretically possible to live "out of residence" without drawing up documents. Often, those who go to another region to earn money do so while staying registered at the same time in their hometown.

The place of actual residence is what?

Now let's take a closer look at what exactly is meant by the laws of our country under the notion of place of stay. This is usually a certain object, where a person is located, that is, does not live permanently - a hostel, a hotel or a rented apartment. As already mentioned, a citizen is required to register there in a situation where his stay is delayed for more than 90 days. You can do this in a sanatorium or hotel as soon as you arrive.

The address of the place of actual residence is registered for a period of up to five years. Then the registration can be extended. The concrete time is determined by who owns the premises. It also depends on, for example, the duration of the lease.

As a confirmation of temporary registration, a citizen is issued a special certificate with his personal data and information about the occupied premises.

On the place of residence as such

But what about the concept of a place of residence in the legislation of our country? It means an object serving as a place of permanent residence. Most often it is an apartment or an apartment house. Registration in it is mandatory in a number of cases, in particular when moving to permanent residence elsewhere.

What documents do you need to stock up for permanent registration? This is usually a certificate of ownership of a residential property (for example, in the case of buying an apartment). If we are talking about a new building, such an act can serve as an act of acceptance at home. When a person is registered in someone else's apartment, you can not do without the consent of the owner of the premises.

Permanent registration is considered to be unlimited by the term of its validity. It can only be annulled in certain cases provided for by law. Such a propiska, as already mentioned, is necessarily confirmed by a stamp on the corresponding page of the passport.

Place of residence and place of actual residence - differences

Let's try to sum up all the above and once again list those differences that exist between the place of residence and the place of residence. The latter implies a housing facility for the permanent residence of a person. Most often it's an apartment that he owns. The residence or place of actual residence is where the person stopped only for a certain time. For example, a hotel room or rented accommodation.

If the concept of residence presupposes a permanent residence permit, then at the place of residence it is only temporary, on the terms of a lease agreement or with the consent of the owner of the dwelling.

Documents confirming the actual place of residence depend on the specific situation.

When registering for a permanent residence, the stamp is stamped in the passport. When it comes to registration at the address of the place of stay, only a special certificate is issued on hand.

A step away from the law

The next logical question that almost certainly arises in the head of each person, forced to solve the issue of temporary registration: how important is all this from a legal point of view? And what if the addresses of actual residence and registration do not coincide? What punishment can threaten a person for such a discrepancy?

To answer these questions, let us 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. Modern interpretation of the law implies registration (registration) by a measure of notification of the controlling state body about its own whereabouts in this or that place.

But at the same time it is implied that registration is a duty, not a right. That is, changing the place of residence, you must notify the state about that.

How does it actually happen?

In practice, the situation where these addresses do not coincide is much more common than one would expect. According to article 20 of the Constitution, the place of residence of each of us is recognized where we live permanently (most of the time). If it concerns minors (children under 14 years of age) or guardians, the place where they live should coincide with that of parents or guardians.

In 1995, the Government adopted Resolution 713, which states: the place of actual residence is the address indicated during registration. If a person does not observe such a situation, the necessary notes should be included in the documents.

Temporary registration does not cancel the permanent. The absence of it can become critical in some cases considered by law, in particular, when making a loan in a bank, etc.

What threatens violators?

What will happen if a person does not live where he is registered? Is it possible to do so?

Officially ignored the registration threatens the same fine of 2 to 3 thousand rubles., According to Article 19 of the Administrative Code. If the violation is fixed on the territory of the city of federal significance (to which our capital and St. Petersburg belong), the fine increases to the amount of 3-5 thousand rubles.

The person who provided the citizen with this accommodation can also punish. That is, the owner of the apartment or employer of municipal housing, as well as another citizen who has the right to dispose of the living space. They face fines of about 5-7 thousand rubles. For a private person (owner or responsible tenant). If it is a question of 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 can increase to a very serious amount - from 300 to 800 thousand rubles.

There are even criminal situations that fall under the Criminal Code of the Russian Federation. For example, if the asylum is granted to the person who committed the crime or suspected of it. In such cases, it is possible to bring to responsibility under the Criminal Code of the Russian Federation.