Art. 322.2 of the Criminal Code. Fictitious registration of a citizen of the Russian Federation at the place of stay or at the place of residence in a residential building in the Russian Federation and a fictitious registration of a foreign citizen
Fictitious registration is considered a criminal offense. The legislation provides for a special article that establishes penalties for this act. Let's consider further, what threatens fictitious registration.
They are fixed in Art. 322.2 of the Criminal Code. In accordance with the norm, the punishment for illegal registration of persons in the FMS was established. The sanctions include:
- Fine. For fictitious registration the perpetrators are charged in the amount of 100-500 thousand rubles. or composing income for 3 years.
- Forced labor. They are appointed for up to 3 years. In addition, the court may prohibit the guilty person from engaging in a particular type of activity or be in a specific position until three years.
- Imprisonment. The maximum period is 3 years. Also, in addition, the prohibition mentioned above may be imputed.
Responsibility for fictitious registration can be withdrawn if the perpetrator contributed to the disclosure of the act. At the same time, there are no signs of other compositions in his actions.
Features of terminology
The concept of "fictitious registration"the law does not disclose. In the above article, there are no criteria for determining the illegality of registration. According to experts, the concept has in its content features similar to the characteristics of the term "fictitious bankruptcy." Its objective side implies 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".
In accordance with the provisions of Federal Law No. 5242-1, illegal registration of citizens at the place of residence involves 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 featuresthe 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 the procedure. Article 2 of the said Federal Law clarifies what a legitimate registration of citizens at the place of residence. It presupposes 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
The norm for which punishment is imposed fictitious registrationis located in the chapter on encroachments onmanagement procedure. 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 management procedures indicates that punishment can be imputed not only directly to officials of authorized bodies, but also to other entities that carry out fictitious registration.
Features of the subject composition
The circle of persons who can be attracted toresponsibility for 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 register 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 persons 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 without the intention of living or staying in the relevant premises.
In 2013 Federal Law No. 376 was adopted, which introduced a number of changes to some legal acts. His goal was, among other things, toughening responsibility for violating the procedure for registering citizens on the territory of Russia. From this it follows that when considering the subject composition, it is not only the authorized employees who conduct, in fact, the registration of persons. In the sense of Art. 322.2, punishment may 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 to track the real placeresidence of citizens is very problematic, 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. So how to prove fictitious registration it is quite 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 in the last few years of persons from the near abroad, fictitious registration of foreign citizens. The criminal legislation provides forthe possibility of eliminating the prerequisites 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), the receipt of some kind of gift as a gift and other illegal operations. Accordingly, the fictitious registration is considered by the legislator not only as falsification of the registration, that is, the presentation of knowingly false 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.
It acts as one of the keydocuments to obtain a permanent residence permit. Fill in 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. 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.).
As was said above, the filling andthe provision of 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.
Sample application for registration at the place of residence Should be filled with a blue / black handle. Words must be legible. It is advisable to write printed letters. The form is accompanied by:
- A valid passport with copies of all pages on which the marks stand. If a minor is registered, the birth certificate is granted.
- Title document on the premises.
- 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 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.
Sample application for registration at the place of residence
Consider the 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 / province / 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, you specify the address where the registration is made. 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 the line "Signature of the person providing the premises". All other marks are made by the employees of the FMS.
The main reason for the return of the application isillegible handwriting. An incorrect mistake is the incorrect spelling of 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 agreed upon by case, number, birth. After filling, you should check it again.
As a general rule, a person must contactregistration service not later than a week from the date of excerpt from the previous address. Registration in the new premises is carried out within three days. If there is any doubt 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.
More recently, the fictitious registration wasone of the ways to generate income. 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 the apartments. Norms strictly regulated the range 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.