On December 13, 2013 the draft law № 200753-6 “On Amending Certain Legislative Acts of the Russian Federation” was passed in the third reading by the State Duma. The draft law toughens the responsibility for violating the rules of registration and migration registration on the territory of Russia for both Russian and foreign citizens.
Changes being introduced by the draft law are aimed at preventing fake registration of persons in living quarters on the territory of Russia, introducing administrative responsibility for violating the rules of registering Russian citizens at their place of stay or place of residence and for staying or residing in living quarters without registration, introducing legal responsibility for fake registration of Russian citizens at their place of stay (residence) on the territory of Russia as well as for fake migration registration of foreign citizens.
As far as Russian citizens are concerned, the draft law introduces legal responsibility for fake registration at the place of stay and place of residence.
The draft law defines fake registration and migration registration as registration or migration registration obtained through the submission of false information or false documents or registration or migration registration without person’s intention to stay (reside) at the stated places or without the receiving party’s intention to provide these places for stay (residence).
According to the draft law these violations will be punished by:
- a fine of 100 000 – 500 000 rubles or in the amount of a convict’s salary or any other income for a period of up to three years; or
- penal labor for a period of up to three years with the deprivation of the right to occupy certain positions or undertake certain activities for a period of up to three years – or without the latter; or
- imprisonment for a period of up to three years with the deprivation of the right to occupy certain positions or undertake certain activities for a period of up to three years – or without the latter.
Yet the person who committed these violations is freed from legal responsibility if he/she assisted in solving the cases and if there are no other elements of a crime in his/her actions.
The draft law also introduces changes to the Code of Administrative Offenses, which presuppose responsibility for:
- Russian citizens’ stay or residence at a certain place without registration or in case the tenant or the owner of living quarters allows such stay or residence for a period exceeding the prescribed time limit:
- for citizens – a fine of 2000 – 3000 rubles (for Moscow and Saint-Petersburg – 3000 – 5000 rubles);
- for apartment owners – a fine of 2000 – 5000 rubles (for Moscow and Saint-Petersburg – 5000 – 7000 rubles);
- for legal entities – a fine of 250 000 – 750 000 rubles (for Moscow and Saint-Petersburg – 300 000 – 800 000 rubles);
- for citizens – a fine of 2000 – 3000 rubles (for Moscow and Saint-Petersburg – 3000 – 5000 rubles);
- violations of the rules of registering Russian citizens at their place of stay or residence if these actions are not classified as a penal offence:
- for citizens – a fine of 2000 – 3000 rubles (for Moscow and Saint-Petersburg – 3000 – 5000 rubles);
- for apartment owners – a fine of 2000 – 5000 rubles (for Moscow and Saint-Petersburg – 5000 – 7000 rubles);
- for officials – a fine of 25 000 – 50 000 rubles (for Moscow and Saint-Petersburg – 30 000 – 50 000 rubles);
- for legal entities – a fine of 250 000 – 750 000 rubles (for Moscow and Saint-Petersburg – 300 000 – 800 000 rubles);
- for citizens – a fine of 2000 – 3000 rubles (for Moscow and Saint-Petersburg – 3000 – 5000 rubles);
- violation by the owner or the tenant of the apartment of the prescribed time limit for notifying the authorized body on Russian citizens’ stay or residence at given living quarters without registration, or the submission to the authorized body of false information on Russian citizens’ registration if these actions are not classified as a penal offence:
- for citizens – a fine of 2000 – 3000 rubles (for Moscow and Saint-Petersburg – 3000 – 5000 rubles);
- for legal entities – a fine of 4000 – 7000 rubles (for Moscow and Saint-Petersburg – 7000 – 10 000 rubles).
- for citizens – a fine of 2000 – 3000 rubles (for Moscow and Saint-Petersburg – 3000 – 5000 rubles);
In the following cases the registration of Russian citizens at the place of their stay is not needed:
- a Russian citizen has the right not to register himself/herself in living quarters of his place of stay if the place of residence he is registered at is in the same or another settlement in the same federal subject of Russia;
- a Russian citizen has the right not to register himself/herself in living quarters of his place of stay located in Moscow or in one of the settlements of the Moscow region if the place of residence he is registered at is in Moscow or in one of the settlements of the Moscow region;
- a Russian citizen has the right not to register himself/herself in living quarters of his place of stay located in Saint-Petersburg or in one of the settlements of the Leningrad region if the place of residence he is registered at is in Saint-Petersburg or in one of the settlements of the Leningrad region.
Russian citizens are also freed from an administrative responsibility for staying or residing at a place for a period exceeding the prescribed time limit in the following cases:
- if they are spouses, children (including adopted), spouses of children, parents (including adoptive), spouses of parents, grandparents or grandchildren of the tenant of the owner of the living quarters who is registered in these living quarters as at the place of residence;
- if persons living in living quarters together with the tenant or its owner are his/her spouses, children (including adopted), spouses of children, parents (including adoptive), spouses of parents, grandparents or grandchildren.
We failed to find the difference between the two of the above mentioned categories of Russian citizens.
We would like to remind you that according to the Federal law as of 25.06.1993 №5242-1 "On the Right of Citizens of the Russian Federation to the Freedom of Movement, the Choice of a Place of Stay and Residence within the Russian Federation" Russian citizens shall be registered if they live at their new place of stay for more than 90 days.
Moreover the draft law increases an administrative fine for Russian citizens’ stay and residence without passport – up to 2000 – 3000 rubles.
The full text of the draft law can be found here.
The law will come into force 10 days after its official publication.
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