The Constitution guarantees every citizen the right to move freely within the territory of the Russian Federation and choose a place of residence. But in fact, it is not always possible to settle where you feel like it – local authorities require you to arrange registration. Is it necessary? What is registration and why is it even needed?
In the USSR, with confirmation of residence, everything was very strict: there was a post-registration institution. But in 1991, by a decree of the Supreme Council, mandatory registration was canceled. Now the law on the issue of determining the place of residence is guided by such a concept as registration. It happens of two types – registration at the place of residence (in fact, the successor of the same registration) and registration at the place of stay.
Place of residence is the place where a citizen permanently or predominantly resides as an owner under a contract of employment (sublease), social hiring: official dwelling, specialized houses (a hostel, a special house for the lonely and elderly, a nursing home for the disabled, veterans and etc.) The place of stay is the place where the citizen temporarily resides (hotel, sanatorium, rest house, boarding house, camping, hospital, tourist base, other similar institution, as well as residential premises that are not citizens’ places of residence).
However, if the registration was permissive in nature, then the registration account is currently of a notification nature. According to the Law of June 25, 1993 «On the right of citizens of the Russian Federation to freedom of movement, choice of place of residence and residence within the Russian Federation», registration authorities are only authorized to certify an act of a citizen’s free will when choosing their place of stay and residence, but not him. The Constitutional Court in its decision of 02.02.98. He also confirmed that registration records cannot be permissive and should not lead to a restriction of the citizen’s constitutional right to choose a place of stay and residence.
Thus, registration is only a method of registering citizens within the Russian Federation, provided for by a federal law, which is of a notification nature and reflects the fact that a citizen is located at the place of stay or residence. Registration or lack thereof cannot serve as a basis for restriction or a condition for the realization of the rights and freedoms of a citizen. However, there is a certain legislative contradiction here, since according to the Code of Administrative Violations, citizens of the Russian Federation are charged a fine for the lack of registration in the amount of 2500 rubles.
And in practice, local authorities (especially this concerns megacities – Moscow and St. Petersburg) urgently require visitors to register. A citizen of the Russian Federation can stay for 90 days in another city without registration; after this period, he is obliged to apply to the internal affairs bodies (passport and visa service) for registration.
According to the «Rules for registration and removal of citizens of the Russian Federation from registration records at the place of stay and place of residence within the Russian Federation», for registration registration, you must submit a passport, a statement of the established form and a document that is the basis for temporary residence, such as an employment contract (sublease) , social hiring or statement of a person providing a citizen a dwelling. The situation of nonresident renting housing is often complicated by the fact that owners do not want to advertise the fact of renting an apartment in order not to pay taxes. In this case, the tenants do not have the opportunity to formalize registration at the place of stay.
No minimum and maximum terms for registration are made, the law does not establish – everything depends on the mutual consent of the parties (registered and the owner of the premises). Registration of citizens at the place of stay is carried out without their removal from the register at the place of residence. A certificate of registration at the place of stay must be issued within 3 days from the day of submission of documents. Or – in case of refusal – also in 3 days to notify in writing about the reason for refusal. Refusal of registration may be appealed to a higher official in a higher-ranking registration authority or court.
As for the procedure for registering at the place of residence, according to the same «Rules for registration and removal of citizens of the Russian Federation from registration records at the place of stay and at the place of residence within the Russian Federation», a citizen who changed his place of residence is obliged within seven days from the date of arrival to a new place of residence contact the passport and visa service. Most often, people change their place of residence, acquiring real estate in another city, or entering into marriage. In order to obtain registration at the place of residence, a citizen must submit: an identity document; statement of the established form of registration at the place of residence; a document that is the basis for moving into a dwelling (warrant, contract, statement of a person who provided a dwelling to a citizen, or another document), or a notarized copy thereof. Registration at the place of residence is also carried out not later than three days from the date of presentation of documents for registration. In the passport stamped impression of registration at the place of residence. For registration at the place of residence a state duty in the amount of 1% of the minimum wage is charged.
Registration is important because many legal aspects are associated with a person’s place of residence: where a pension should be accrued, according to the rules established by the local municipality, he has privileges, where to be registered as a taxpayer, according to what standards to get land plots, where queues for housing; voting rights, issues of obtaining medical care, and the like.