Untimely replacement of the passport. Penalty for an expired passport

Is there a penalty for an expired passport of a citizen of the Russian Federation? This question is very common among people who did not change this document on time after reaching a certain number of years or for other reasons. Employees of the FMS will unambiguously answer you in the affirmative. Meanwhile, the answer to this question is not as obvious as it might seem.

Are you 20 or 45 years old? Have you changed your surname or any other passport data? Then you have to visit

District office of the FMS and apply for a passport exchange. However, here's the bad luck: if you are late with the exchange of your passport for a month (the period is counted from the moment your data changed or your "turnaround" birthday came), before you are given a new passport, you will most likely be asked to pay a fine for late exchange of this document. Moreover, you may even be denied acceptance of documents for the exchange of a passport until you bring the paid receipt.

When do you need to change your passport?

According to paragraph 7 of the RF Government Resolution of July 8, 1997 No. 828 “On Approval of the Regulations on the Passport of a Citizen of the Russian Federation”, the validity of a citizen's passport:

  • from 14 years old - until reaching the age of 20;
  • from 20 years old - until reaching 45 years old;
  • from 45 years - indefinitely.

Thus, when a citizen reaches the age of 20 and 45, his passport must be replaced. For passing military service on conscription, another rule was established - their passports are changed at the end of military service.

But what other cases are listed in Art. 12 of this resolution, obliging us to replace the passport:

  • change of surname, name, patronymic, change of information about the date or place of birth;
  • sex change;
  • the passport has become unusable due to wear or damage;
  • inaccuracies, errors in passport entries;
  • other cases established by the laws of the Russian Federation.

Under what article is a fine charged for an expired passport?

On the basis of what, then, do the valiant employees of the Federal Migration Service, called upon to protect law and order, charge us with such a duty? “And on the basis of Article 19.15 of the Code of Administrative Offenses,” they answer. Let's celebrate it together, shall we?

We open article 19.15 of the Code of Administrative Offenses. It is called "Residence of a citizen of the Russian Federation without a document proving the identity of a citizen (passport)". Already interesting. The passport, albeit with changed data, is in our hands. We do not live without a passport. We read further:

  • Article 19.15 of the Code of Administrative Offenses, part 1. Living at the place of stay or at the place of residence in the living quarters of a citizen of the Russian Federation who is obliged to have an identity document of a citizen (passport), without an identity document of a citizen (passport), or on an invalid identity document of a citizen (passport), shall entail the imposition of an administrative a fine in the amount of 2 to 3 thousand rubles.
  • Article 19.15 of the Code of Administrative Offenses, part 2. The same violation, but committed in the federal city of Moscow or St. Petersburg, is punishable by an administrative fine from 3 to 5 thousand rubles.

It seems to be getting clearer. That's what it's all about! Your passport is invalid, so you can't live with it. Does that mean the fine is justified? And here the most interesting begins.

Who and when can be fined under Article 19.15 of the Code of Administrative Offenses

If we carefully read the aforementioned Article 19.15 of the Code of Administrative Offenses, we can identify several conditions under which we can be sanctioned:

  1. An expired passport is legally considered invalid.
  2. With an expired passport, we live at the place of residence or place of stay.
  3. The place of residence or place of stay in which we lived on an invalid passport is residential premises.
  4. In order to properly fine us, it is necessary to establish exactly where we lived with an expired passport - in Moscow, St. Petersburg or in some other "non-federal" region.

Now, when we have put everything on the shelves, we will also answer each question point by point.

Is an expired passport invalid?

Here's what the law says about it. Clause 15 of the “Regulations on the Passport” establishes that we need to submit the documents for replacing a passport to the FMS no later than 30 days after the onset of the circumstances that are the basis for its replacement (we listed them above). Moreover, neither this nor any other law says that an expired passport is invalid.

However, the legislative gap in this matter has been filled for a long time: according to the Decree of the President of the Russian Federation of March 13, 1997 No. 232 and "Answers to Questions for the 4th Quarter of 2005", approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation of March 1, 2006, an expired passport period of validity cannot certify the identity of a citizen. Thus, the answer to our first question will rather be in the affirmative: yes, an expired passport (one that has not been returned for exchange on time) is invalid.

Residence at the place of residence or stay with an invalid passport

So, as we have just established, your expired passport is not valid. But as an employee of the FMS, to to which you came to the office of the migration service, will be able to prove that you lived with him in the places indicated in Art. 19.15 Administrative Code? No way. Nobody has canceled freedom of movement yet. The legislation of the Russian Federation does not restrict it. For example, you could have been living abroad all this time.

At the same time, according to paragraph 3 of Art. 1.5 of the Code of Administrative Offenses, you are not required to explain where you lived all the time your passport was invalid. The statement “I did not live from such and such to such and such a date either at the place of residence or at the place of stay” is sufficient. Or add "Was in different places traveled, lived with friends. And you are not obliged to explain which of your friends lived and where you traveled.

It will be possible to prove that you lived with an invalid passport at the place of residence or stay only when you were caught at this place, and the corresponding protocol was drawn up at the same place, and not when you yourself came to the FMS department.

So, our second point is unprovable.

Living in a residential area with an invalid passport

Here the situation is the same as in the previous case. It is impossible to prove that you were in a residential area with an expired passport in your hands without finding you there. Thus, you can say, for example, "I lived in the country." A dacha unsuitable for year-round use is not a residential area. At the same time, you are again not obliged to explain in whose dacha and at what address you lived. This FMS officer is obliged to prove that you lived in a residential area.

Consequently, our third point also makes the imposition of a fine unlawful.

Under what part of article 19.15 to fine?

And here is also funny. The law establishes different liability for those who violated it: in the cities of Moscow or St. Petersburg, the fine is quite high, and in all other territories it is much lower. So, under what part of article 19.15 are you fined if it is impossible to establish your specific place of residence or stay during the period of passport overstay after the fact? Anyhow, it’s impossible to put an article: there is paragraph 1 of Art. 1.5 of the Code of Administrative Offenses, which says that one can be held liable only for those violations in which the citizen's guilt is established.

How is the protocol filled out according to an invalid passport?

The next funny situation arises when the FMS draws up an administrative offense report on you for delaying the exchange of a passport (and it will be mandatory if you voluntarily refuse to pay a fine). Imagine that you have an invalid passport in your hands (you do not need to show other documents to the FMS officer). Such a document, as we have already found out, cannot verify your identity. However, the FMS officer will enter the data from this passport into the protocol, i.e., deliberately false information. Whether the passport at the time of filling out the protocol is transformed into a valid one, or there is some other-worldly trick - this has not yet been found out by anyone.

At this stage, you can discuss with the FMS officer, calling him to reason and logic: “If you enter the data of my old passport into the protocol, does it mean that it certifies my identity and continues to perform its functions? And if it does not certify, then why are you entering false information into the protocol? Here, however, how lucky. They can both heed the voice of reason and finish compiling this useless document, or they can answer, as I once did, “Clever, huh? Don't fool your head." But this is not scary - after all, the protocol can be further appealed.

Just do not forget, after drawing up the protocol, in the “Explanations of the person involved” section, write that you do not agree with the protocol and give one of the reasons that we discussed above. For example, "Did not live in a residential building with an invalid passport." Along with the protocol, you will also be given a decision on the case of an administrative offense, which we will continue to appeal against.

Appeal against the decision for the delay in the exchange of a passport

There are two options - filing a complaint with a higher authority or a court. The first, as you probably understand, will most likely be unproductive. Therefore, it is better to immediately go to court. Here it is important not to miss the deadline - according to Art. 30.3 of the Code of Administrative Offenses, it is necessary to file a complaint with the court within 10 days from the date of delivery of a copy of the decision to you. A complaint is filed with the district court at the location of the FMS department, whose employees wrote out the protocol for you.

The complaint will look something like this:

Complaint against the decision in the case of an administrative offense No. ___ dated _______

Resolution in the case of an administrative offense No. ___ dated _______. an administrative penalty was imposed on me in the form of a fine in the amount of 3,000 rubles under Art. 19.15 h. 2 Administrative Code ( naturally, here we put our amount and our article).

An administrative penalty was imposed when I came to the FMS office at __________ in order to exchange my passport upon reaching the age of 45 ( here you indicate your reason why you should have exchanged your passport). The passport has the following details: __________________________________.

I consider the penalty imposed on me unreasonable, because:

1. When drawing up a protocol on administrative offense No. ___ dated _______, the FMS officer invalidated my passport, but used it to verify my identity and entered information from the expired passport into protocol No. ___ dated _______ and into the decision on the case of administrative offense No. ___ from _______. In accordance with Decree of the President of the Russian Federation of March 13, 1997 No. 232 and "Answers to questions for the 4th quarter of 2005 .", approved by the decision of the Presidium of the Supreme Court of the Russian Federation of 01.03. 2006, an expired passport cannot verify the identity of the person presenting it. There is no other information about the documents proving my identity in the administrative protocol No. ___ dated _______.

Hence:

  • if the expired passport is invalid, then deliberately false data were entered in the protocol and the decision;
  • if, according to data from an expired passport, it is possible to verify the identity of a citizen, then such a passport continues to perform its functions, and therefore is not invalid.

The inclusion in the protocol and decision in the case of an administrative offense of data obtained in violation of the law excludes the possibility of their use as evidence in an administrative case (Article 26.2 of the Code of Administrative Offenses of the Russian Federation).

2. The protocol and the decision in the case of an administrative offense do not contain evidence that allows the application of punishment under Article 19.15 of the Code of Administrative Offenses, namely, they do not allow us to establish that with an expired passport I lived at the place of residence or place of stay in a residential building on the territory of the Russian Federation . Protocol No. ___ dated _______ was drawn up at the FMS office at _________________, which is neither a dwelling, nor a place of my stay, nor a place of residence. The FMS officer brought me to justice only on the basis of the address of my registration indicated in the passport, which he himself declared invalid. However, I did not live at this address during the period when my passport expired.

Since there is no other evidence of my guilt, except for protocol No. ___ dated _______ in the case, this means that there is no established event of the offense, which, according to Art. 24.5 of the Code of Administrative Offenses, is a circumstance excluding proceedings in a case of an administrative offense.

Based on the above circumstances and guided by the norms of the Code of Administrative Offenses of the Russian Federation, I ask you to cancel the decision in the case of an administrative offense No. ___ dated _______.

Applications:

1. A copy of the decision on the case of an administrative offense No. ___ dated _______.

2. A copy of the protocol on administrative offense No. ___ dated _______.

3. Copy pages of the passport _____________________.

Date Your signature

We file a complaint with the district court at the address of the FMS department and wait for the judge's decision.

Where to complain if an employee of the FMS refuses to exchange a passport?

If you are faced with the fact that you are not only charged with a fine for delaying the exchange of a passport, but also do not accept documents for new passport until you bring the paid receipt (or put some amount in the employee's pocket), we proceed as follows:

  1. We insist on drawing up a protocol, we get a copy of the protocol and the decision on the administrative case in our hands.
  2. We challenge the above documents in court.
  3. We are filing a complaint against the FMS employee with the Prosecutor's Office - you can find the contacts of this body in.

So, there is no penalty for an expired passport. There is a penalty under Art. 19.15 of the Code of Administrative Offenses for the residence of a citizen of the Russian Federation without a valid passport at the place of his residence or stay in a residential building. However, in order to apply the punishment under this article, the persons compiling the protocol must have irrefutable evidence that with an expired passport you lived exactly at the place of your residence or stay in a residential building on the territory of the Russian Federation. At the same time, remember that you yourself are not obliged to explain where you have lived all this time.

Photo - FreeDigitalPhotos (stockimages, artur84)

Each adult citizen of our state has an individual document proving his identity - a passport. With age, the passport must be replaced. In what cases is such a procedure performed? Is there a fine for an expired passport at age 45? What amounts are charged from the violator in such a case?

In what cases it is necessary to change the passport

The holder of the passport must take care of its replacement in the following cases:

  • damage to the document;
  • an error was found in the document;
  • change of owner's name;
  • change of gender of a citizen;
  • reaching a certain age - 20 years and 45 years.

If the passport is not changed in the above cases, it will be considered invalid.

Features of replacing a passport by age 45

The passport of a citizen of the country is an individual document, which reflects not only all the necessary information about a particular person, but also contains his photograph for identification. The replacement of this document with the onset of a specific age is stated in normative act No. 828 - "Regulations on the passport of a citizen of the Russian Federation", which is approved at the state level. In each passport on the last pages there are relevant excerpts from the Regulations, including the replacement by age - at 20 and 45 years old.

Why are these age dates indicated in the legal legislation of our country? This is due to the presence of a photo in the document. According to experts, with age, the appearance of a person changes. The critical points of such age-related physiognomic changes of any person are precisely at twenty and forty-five years. Without a valid photograph, it will not be possible to identify the passport holder.

It is necessary to take into account such a nuance as the expiration date of the passport. That is, from the moment the established age limit is reached, time is given to replace the document proving the identity of a citizen - 30 days. If a citizen has not applied to the local branch of the migration service with his problem, then this document will be officially invalidated.

The procedure for replacing this type of identification documentation must be completed within ten days (this is the time period established in the laws of our state). But if a citizen is located on the territory of another region of our state, and not at the place of official registration, he will still have to apply to the local office of the migration service with a request to replace his passport in connection with the onset of forty-five years. In this case, the procedure for replacing the document will be delayed for a longer time - two months from the date of submission of the relevant application.

During the procedure for replacing a passport, its owner will receive a certificate that will not be a complete copy of this document, but will contain the necessary information about it.

Penalties for an expired passport at age 45

If the owner of the passport did not change it at the age of 45, or rather within thirty days from the date of his birth, then officially such a document will be invalidated (we can assume that it does not exist at all). And the absence of an identity document for a citizen of our state is considered an administrative offense - Code of Administrative Offenses, Article No. 19.15. This means that, in accordance with the laws, such a citizen who lives on the territory of our state without a passport is subject to fines.

In 2017, penalties are also applied for those persons who, at the age of 45, for some reason, did not change their passport for a new one. Yes, the laws are following sizes fines - from 2 thousand rubles to 3 thousand rubles. In large cities of state significance, Moscow and St. Petersburg, the amount of payment for such violators will be a slightly larger amount - from 3 thousand rubles to 5 thousand rubles. The specific amount of the fine is set by local migration service specialists, taking into account all individual circumstances.

Circumstances affecting the amount of the penalty in case of untimely replacement of a passport at the age of 45

The laws of our state do not establish specific amounts of penalties for an expired passport of 45 years, but the maximum limits of possible fines - from 2 thousand rubles to 3 thousand rubles, from 3 thousand rubles to 5 thousand rubles. But the amount to pay the fine must be specific. Therefore, the inspector of the migration service, before writing it out, considers all the circumstances that led to the delay in replacement.

Mitigating circumstances where a fine is not issued to the offender include:

  • employees of the migration service accepted all the documents necessary for the replacement of the passport (including the application of the citizen), and in the process of performing the procedure it turned out that the document being replaced was already overdue;
  • the citizen proved in court that the delay in replacement is a minor offense.

There are also a number of mitigating circumstances where the amount of the penalty can be reduced. These circumstances are spelled out in the Code of Administrative Offenses - Article No. 4.2:

  • sincere repentance, followed by a promise to abide by the laws of our state;
  • appeal to migration service on a voluntary basis;
  • awareness of one's wrongdoing;
  • not using an invalid document;
  • fulfillment of all instructions of the migration service in full;
  • the offender is the future pregnant mother or mother of the baby.

Experts remind that the above mitigating circumstances do not exempt the offender from paying the fine. Its size can be reduced to the minimum, but it will have to be paid in any case.

Payment of a fine for late replacement of a passport at the age of 45

Payment of the imposed penalty for untimely replacement such a document as a passport must be produced within a strictly defined period - within two months from the date of appointment. You can deposit money in several ways:

  1. At the local branch of the migration service, using a special payment terminal for this.
  2. At any bank branch.
  3. Using online Internet banking services (for example, Sberbank Online).
  4. By transferring the required amount through an electronic wallet.

With any method of payment, you should take a receipt stating that the required amount of money was transferred to the destination. This receipt must be presented to the migration service specialist when issuing a new passport.

Not many people know, but, according to the current Russian legislation, you can get a fine for overdue internal passport if you don't change it in time. That is, if you have reached a certain age when this needs to be done, you should not delay the procedure, as this can bring additional problems. Everything should be done as quickly as possible, especially since now you can fill out all the documents and apply directly via the Internet. Do not joke with the most important document, without which you will not even be able to go to another city or stay at a hotel. He must always be on alert.

Every citizen of the Russian Federation must receive their first passport at the age of 14. From that moment on, his main document is not a birth certificate, but a passport. If you look at the last page of the passport, you can see that it is necessary to change the passport at the age of 20 and 45. After 45 years, the passport does not change anymore and is always valid. There were no changes in 2017. However, in the same passport it is not written what will happen if this is not done after all. This issue must be dealt with on your own, so that later you do not encounter unforeseen circumstances. It should be noted that with an expired passport you may not be allowed on a bus, train or plane. This can create a lot of difficulties, so it is best to understand the laws.

fines

What is the fine for an expired passport? All issues regarding the issuance of passports are regulated by the administrative code. It clearly states that if a citizen does not replace his main document on time, then he is entitled to a fine in the amount of 2,000 to 3,000 rubles in 2017. For residents of Moscow and St. Petersburg, penalties are slightly higher - up to 5,000 rubles in 2017. At the same time, a fine is imposed both at 45 years old and for an expired passport at 20 years old.

Sanctions threaten you only if you have not changed your passport within 30 days from the moment you turned 20 or 45 years old. That is, within one month the passport is still valid. For a passport, you will need to pay a fee - 300 rubles. It is worth noting that given term I mean only for submission of documents. Many people are worried about how long the document itself will take:

  • If the documents were submitted at the place of residence, then usually a passport is made within 10 days. If a citizen needs it, then for this time he is issued a temporary replacement passport. The replacement is valid only for the period when you do not have a passport, then it must be returned.
  • If the passport needs to be made at the place of actual residence, then the production time can be extended to 2 months.

Important! They do not have the right to make a passport for more than two months, since a person cannot stay for so long without such an important document. If this still happens, then the citizen has every right to go to court.

Extenuating circumstances

Do not think that even while in the hospital you have to run and get a new passport so as not to get a fine. People immediately ask the question, what to do if this happened? Russian legislation also spells out extenuating circumstances, since life can be quite unpredictable. There are some situations and groups of people who do not obey general rule and can get away with punishment:

  • The person is not yet an adult. Children who receive their first passport are unlikely to receive a fine, even if they do not receive their passport on time.
  • Pregnant women or women with small children. A pregnant woman may have some problems - examinations or, for example, preservation. In this case, she may simply forget or not have time to change her passport.
  • The citizen had very difficult life circumstances, and he simply cannot get a passport on time. It is advisable to document these situations. For example, a person may be in a hospital. Also, a close relative of a citizen could die, and he was in a stressful state, which could lead to the fact that he simply cannot prepare documents and bring them to the FMS.
  • The man admitted his guilt and repented. It's all done in court. The judge may decide not to impose penalties on a person or to reduce their amount to a minimum. This is done quite often, although many may consider their situation already incorrigible.

It is worth noting that this list flexible enough. That is, the judge will decide on an individual basis. It is possible that, in his subjective opinion, a particular case will be a mitigating circumstance.

The administrative code also indicates those circumstances that are aggravating. These violations can lead to a number of additional problems:

  • The offense was committed by a group of people, not just one person.
  • People who have not yet reached their majority were involved in this violation.
  • A similar offense has already been committed before.
  • The crime was committed under the influence of alcohol.

If any of this is discovered, then things will take a different turn. There is a possibility that a person will receive a fine in a larger amount than just for delaying a passport. In any case, each will be considered separately in court and all the nuances will be taken into account. You should not count on the descent of the judge, you must think in advance about your actions and not commit illegal acts.

Many people think that delaying a passport in any case leads to a fine. Not really. If suddenly executive decided that your violation is not so important, then you will not have to pay a fine for late replacement of your passport. That is, they will simply take documents from you as usual without any sanctions. In fact, this happens quite often, because the most ordinary people work in the passport offices, who can decide not to cause unnecessary problems for a person. However, this is not a violation of the law, which is indicated in the administrative code. Russian Federation in 2017. They can just give you a verbal reprimand and that's it.

Also, you will be exempted from the fine if the FMS simply did not notice that your passport is already expired, and simply accepted your documents. In the future, they can no longer charge you a fine, and this is regulated by law. As a result, it turns out that not in all cases you will have to pay a fine for delaying your passport. However, you should not count on concessions if the delay was long enough - more than two months. A slight delay of one to two weeks is usually forgiven. But a few months is already quite a long time and you will most likely be fined.

Consequences

You have 2 months to pay the fine. During this time, you must pay the full amount. The term is considered from the day when the imposition of an administrative fine comes into force. It is not worth delaying the payment of this fine, since in the future you may be charged a penalty that is twice the original amount. You can also be sent to forced labor for up to 50 days or imprisoned for up to 15 days.

Any questions that relate to the passport of a citizen of the Russian Federation are very serious and you should not joke with them. You should prepare in advance the documents that you will need to change your passport in order to make the replacement as soon as possible. short time. Don't drag this out until the very last days due to unforeseen circumstances and delays. All this will entail opening an administrative case and visiting the courtroom, which is a waste of time, money and nerves. It will be much more profitable and pleasant just to change your passport to a new one in time, because in most cases it will take no more than 10 days. This rule has not changed in 2017.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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