Art. 322.2 of the Criminal Code of the Russian Federation. Fictitious registration of a Russian citizen at the place of residence or residence in a residential building in the Russian Federation and a fictitious registration of a foreign citizen

лиц считается уголовным преступлением. Fictitious registration of persons is considered a criminal offense. The legislation provides for a special article that establishes penalties for this act. . Let's consider further, than the fictitious registration threatens .

Sanctions

They are fixed in art. 322.2 of the Criminal Code of the Russian Federation. In accordance with the norm, a penalty for illegal registration of persons in the FMS was established. The sanctions include:

1. Fine. на виновных налагается взыскание в размере 100-500 тыс. руб. For a fictitious registration , guilty persons are charged a fine of 100-500 thousand rubles. Or composing income for 3 years.
2. Forced labor. They are appointed for up to 3 years. In addition, the court may prohibit the guilty person from engaging in a certain type of activity or be in a specific position until three years.
3. Imprisonment. The maximum period is 3 years. Also, in addition, the prohibition mentioned above may be imputed.

может быть снята, если виновный способствовал раскрытию деяния. Responsibility for fictitious registration can be removed if the perpetrator facilitated the disclosure of the act. At the same time, there are no signs of other compositions in his actions.

Features of terminology

" законодательством не раскрывается. The concept of " fictitious registration " is not disclosed by law. In the above-mentioned article, there are no criteria for determining the illegitimacy of registration. According to experts, the concept has in its content features similar to the characteristics of the term "fictitious bankruptcy." Its objective side presupposes actions consisting in a knowingly false report of insolvency. The subjective part of the act is characterized by the presence of direct intent. ". Similarly, the concept of "fictitious registration " should be considered.

Normative base

предполагает постановку лица на учет: In accordance with the provisions of Federal Law No. 5242-1, illegal registration of citizens at the place of residence presupposes the registration of a person:

• On the basis of provided deliberately false data or documents;
• Without the intention to stay indoors or provide it for use by the relevant entity.

As one of the key signs of the crime is the presence in the actions of the employees of the FMS of knowl- edge - a reliable knowledge of the lack of proper grounds for conducting the procedure. . Article 2 of the said Federal Law clarifies what constitutes legal registration of citizens at the place of residence . It involves the registration, that is, the fixation of information in the established manner by the authorized body on the place of stay and the person's location at the corresponding address.

Object of Crime

, располагается в главе о посягательствах на порядок управления. The norm by which fictitious registration is punished is located in the chapter on encroachments on the management order. Accordingly, as the object of the act is the legitimate activity of employees who ensure the timely registration of persons at the place of stay in accordance with the requirements of the law, as well as removal from it. The placement of the article in the chapter on encroachments on the management procedure indicates that punishment can be imputed not only directly to officials of authorized bodies, but also to other entities that perform fictitious registration.

Features of the subject composition

The circle of persons who can be held accountable for a fictitious registration is quite wide. It can not be limited only to those subjects who, although they do not act as employees, but because of their professional duties and powers carry out registration in hotels, holiday homes, sanatoriums, campsites, camp sites, health facilities, etc. This conclusion can be drawn on the basis of an objective Parts of the act. The fact is that the recognition of the above-mentioned individuals as subjects of a crime will lead to the impossibility of bringing to responsibility those who provide knowingly false information or documents for registration. In this case, they will be considered as instigators. In addition, it would be impossible to raise and resolve the issue of initiating prosecution against citizens who have become fictitious records without the intention to live or stay in the relevant premises.

conclusions

In 2013, Federal Law No. 376 was adopted, which introduced a number of changes to certain legal acts. Its purpose was, among other things, toughening of responsibility for violation of the order of registration of citizens in the territory of Russia. From this it follows that, when considering the subject composition, the speech is not only about authorized employees, who, in fact, take persons into account. In the sense of Art. 322.2, punishment can be imputed to any entity that does not fulfill the requirements. In this case, the registration of a foreign citizen at the place of residence of the owner of the premises can be carried out and legally. The qualification of the act takes into account the purpose of registration. If the subject did not intend to stay in the relevant premises, the registration of a foreign citizen at the place of residence of the owner of the facility is a crime. Similarly, punishment may be imposed on the tenant / owner of the premises. He can register a citizen, but not have the intention to provide living space.

Difficulty in practice

In connection with the fact that it is very problematic to trace the actual place of residence of citizens, the registration authorities do not have the opportunity to send reliable information to other authorized structures. Such information, in particular, is necessary for judicial instances, tax service, military commissariats. The bodies of the FMS can not provide information about the whereabouts of foreigners and stateless persons, but registered in so-called rubber houses. All this significantly complicates the forecasting and analysis of the migration situation, eliminating, by and large, the very idea of accounting. довольно проблематично, многие недобросовестные собственники и наниматели пользуются этим и прописывают огромное количество лиц в своих помещениях. As to prove fictitious registration is rather problematic, many unscrupulous owners and employers use this and prescribe a huge number of persons in their premises.

The value of the criminal rule

. In connection with the influx of people from near abroad in the last few years, fictitious registration of foreign citizens has become widespread. The criminal legislation provides for the possibility of eliminating the preconditions for illegal actions, various kinds of speculation in the field of migration accounting and abuse of rights by unscrupulous owners and tenants of premises. It becomes obvious that in the case of speculation, it usually refers to the actual sale of the registration without the intention to provide a room for living, as well as its purchase. Such actions include the exchange of services (usually repair in an apartment), getting a gift and other illegal transactions. Accordingly, the fictitious registration is considered by the legislator not only as falsification of registration, that is, the presentation of knowingly unreliable documents or the reporting of false information. It is also regarded as a legal procedure, but carried out without the intention to provide a room.

Form 6

It acts as one of the key documents for obtaining a permanent residence permit. You can fill out the form on the portal of the State Service or the MFC. In the first case, it will be made in electronic form, in the second - from the hand on paper. It is necessary to treat the document with all seriousness, since there should be no mistakes and blots in it. Otherwise, the form will have to be rewritten. подается собственником помещения лично. Form 6 is delivered by the owner of the premises personally. Neither relatives nor friends can do this. The power of attorney issued by all the rules will not help either. Exceptions are minors. For them, filling in and filing are carried out by legal representatives (guardians, parents, etc.).

Specific situations

As was said above, filling out and providing the form is carried out exclusively by the prescribing entity. The situation is more complicated if a citizen is registered in a room that does not belong to him. In this case, the owner of the object must sign the form. The presence of the owner of the premises in the FMS is not necessary, since registration requires his written consent, notarized. In its presence, the absence of the owner is not the reason for refusal to register.

Primary requirements

следует заполнять ручкой синего/черного цвета. A sample application for registration at the place of residence should be filled in with a blue / black pen. Words must be legible. It is advisable to write printed letters. To the form are attached:

1. A valid passport with copies of all pages on which the marks stand. If a minor is registered, then the birth certificate is granted.
2. Title document on the premises.
3. Consent of the owner. It should contain information about the subject receiving the residence permit, as well as the owner of the object (if they are different people). In addition, the consent indicates the information on the premises, a note on the de-registration from the previous place of residence (if necessary).

Currently, special consultations are held at the passport offices. There any person can be assisted in processing the document.

A sample application for registration at the place of residence

Let's consider features of filling sections of the form. First of all, the authority to which the application is submitted is indicated. The "FMS of Russia" is entered in the corresponding field, then the republic / territory / region, village / village / city is indicated. For Moscow and St. Petersburg region is not written. After that, the genitive case contains information about the applicant - "from (name)". Here the date of birth is written (as in the passport). The line "Arrived (a)" indicates the locality in which the person lived earlier. You should write the full address (with the number of the house and apartment). If the form is filled in by the owner of the room, then in the line "The premise is given," you should write: "I am the owner". If the owner of the object is another person, his / her name is indicated. And the degree of kinship. Further details of the document allowing to be registered in a premise are resulted. If the form is filled in by the owner, it indicates the information about the state about the state registration of the right (number and date of issue). The non-owner of the premises writes: "Based on the application of the owner." Next, the address to register is indicated. You should write a city, street, house, building, apartment number. If something is missing in the address (for example, there is no enclosure), the field is left blank. After that, the form is entered information about the passport: the series, the number, who issued and when, the code of the unit. If a minor is prescribed, the details of the birth certificate are indicated. In the "Signature" line, cross out the words "legal representative". The autograph is put without decoding, under it the date of drawing up of the document is underlined. If the application is completed by a non-owner, the legal owner must sign in the line: "Signature of the person providing the premises". All other marks are made by employees of FMS.

Common Errors

The main reason for the return of the application is illegible handwriting. An incorrect mistake is the incorrect spelling of the names of own, geographical objects or names of state bodies. Such information should be copied from the passport. Particular attention should be given to the format of dates. In different lines they are given differently. Many applicants forget about the reduction of the "river". When specifying the date of birth. All words written in the form must be coordinated by case, number, gender. After filling, you should check it again.

Timing

As a general rule, a person must apply to the registration service not later than a week from the date of discharge from the previous address. Registration in the new premises is carried out within three days. If there are any doubts about the correctness of filling in the forms, it is better to seek assistance from competent organizations. You can also take a few forms and practice at home.

Conclusion

More recently, fictitious registration was one of the ways to generate revenue. Especially widely it was used by the owners of private houses. Legislation did not provide for any restrictions on the number of registered persons. The situation was more complicated with the owners of apartments. Norms strictly regulated the footage for each registered subject. Currently, in practice there are cases of illegal registration, but with the introduction of additions and changes in the legislation, their number has significantly decreased. This is due, in large part to the fact that the passport office usually has huge queues. To prescribe one person, you sometimes need to spend half a day. Nevertheless, today there are people who go for it. This is certainly an easy way to get money, but still illegal. Do not forget about criminal liability for fictitious registration. Punishment is foreseen not only for prescribers.