A passport is the main document of a citizen of the Russian Federation. It is necessary to perform many operations. For this reason, the information contained in the document must be up to date.
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When changing a surname, a person is obliged to change his passport. The action must be completed within the specified time frame.
If the period fixed in the law is violated, a fine will be imposed on the person for the passport when changing the surname.
To avoid penalties, experts recommend knowing in advance during what period it is necessary to replace the main document of a citizen of the Russian Federation, and how the manipulation is performed.
It would also be a good idea to study the possible size of the fine for failure to comply with the established deadlines.
Reasons for replacement
The reason for the replacement may be marriage or divorce with a subsequent change of surname, as well as a change of name at the citizen’s own request.
The basis for obtaining a new document is a certificate of marriage or divorce, as well as a change of name.
Important! When changing your last name, your passport must be replaced, since the irrelevant information it contains will automatically invalidate it.
A certain period of time is allotted for replacing a passport - 30 days, in case of non-compliance with which you can receive a fine for late replacement of a passport after marriage or divorce.
What happens if payment is late?
Once a fine is issued, the person has 60 days to complete the repayment. Failure to comply with the deadline will result in a more severe penalty.
Delay may have the following consequences:
- arrest for 15 days;
- the amount of the fine will be doubled;
- the person will be sent to community service lasting 50 hours.
The procedure for changing a surname after marriage is regulated by current legislation. Is it necessary to change the insurance policy when changing the surname? Information here.
Where can I change my medical insurance when changing my last name? Details in this article.
Possible penalties will be applied within 2 years. In addition to them, the debtor will be deprived of the opportunity to leave the country and travel abroad.
A person's bank accounts may be blocked and property confiscated.
To prevent this from happening, experts advise paying off debt in a timely manner.
Procedure for replacing a passport
According to the law, the replacement is carried out by the department of the Ministry of Internal Affairs of the Russian Federation.
Required documents
In order to receive a new document, the applicant must prepare the following list:
- old Russian passport;
- application (form 1P);
- certificate from the registry office confirming a change of name;
- photographs (35×45 mm) – 2 pcs.;
- birth certificate;
- children's birth certificate;
- military ID;
- certificate of registration or extract from the house register;
- receipt of payment of state duty.
applications in form 1P
Where to contact
Applicants can contact directly the territorial department of the Ministry of Internal Affairs, as well as multifunctional ones.
If you submit an application through the State Services portal, you should remember that only the application and scanned documents are sent.
After reviewing the application, the applicant is invited to personally visit the competent department of the Ministry of Internal Affairs to provide the originals and a complete package of documents.
Cost and production time
According to the law, in 2020 this service is subject to a state duty of 300 rubles. Payment must be made strictly from the applicant.
Production times depend on the method of submitting documents.
When submitting documents to the Ministry of Internal Affairs department directly:
- 10 days – when submitted at the place of registration;
- 2 months – when applying at your place of residence.
When submitting through the multifunction center:
- 10 days – when submitted at the place of registration;
- 30 days – when submitted to any convenient MFC.
Through the State Services website, production takes 10 days.
Methods of paying a fine
With the development of technology, you can pay a fine in different ways. A person has the right to choose the most convenient for himself:
- The most common payment method is to contact a branch of any bank. You must bring the details on the organization’s letterhead, indicate your personal data, pay the cashier and receive a receipt indicating that everything has been paid.
- Pay the fine through self-service terminals.
- You can make payments using online banking.
When making a payment using any of the above options, the main thing is to provide the details used to make the payment. You can find out this information at the local branch of the Main Department of Migration Affairs of the Ministry of Internal Affairs.
Responsibility for delay
If, upon marriage or divorce, a citizen made a note in the registry office about his intention to change his last name, then from the moment he receives the certificate of marriage or divorce, he is obliged to apply for a replacement within 30 days.
If citizens did not manage to apply within the established time frame, they will have to pay a fine for late passport when changing their last name in the amount of 2,000 to 3,000 rubles, since a document containing false information is considered invalid. You cannot live with such a document.
How is the fine determined?
However, there are mitigating circumstances that can significantly reduce the amount of punishment or get rid of it altogether.
Along with them, there are also aggravating circumstances that can aggravate the applicant’s situation and affect the imposition of the maximum possible punishment.
Table 2. Circumstances that could affect the amount of punishment for delay
Extenuating circumstances | Aggravating circumstances |
The delay was carried out by a woman who is pregnant or has a small child | The offense was committed with the involvement of minors |
The delay occurred as a result of difficult life circumstances or severe mental shock | The delay was organized by a group of people |
The violation was committed by a minor | Repeated offense |
The applicant voluntarily applied and reported the offense committed | The delay occurred due to alcohol intoxication |
The citizen sincerely regrets the violation |
Is it possible to avoid punishment
If the official considers the offense committed to be of minor importance, he may release the applicant from punishment, significantly mitigate it, or issue a reprimand in the form of a warning.
In addition, it should be remembered that the statute of limitations for this case is 2 months. If employees of the Ministry of Internal Affairs discovered the fact of an offense after the specified time, they will not be able to apply punishment to the offender.
The fine for an expired passport is provided for by the legislation of the Russian Federation as a measure designed to encourage citizens to treat their identification document more conscientiously. We will tell you in our article what punishment you may face for delaying a passport replacement, as well as all the nuances of initiating a case for a corresponding administrative offense.
How much is the fine for an expired passport?
Fine for delay in obtaining a passport of 20 years
How to avoid a fine for an expired passport?
Fine for overstaying your passport: aggravating and mitigating circumstances.
Complete exemption from paying fines for an expired passport
Consequences of imposing a fine for overstaying your passport
How much is the fine for an expired passport?
The Russian passport is the main document that certifies the identity of a citizen in the country.
Absolutely all citizens of the Russian Federation are required to have a passport.
It is these two imperative provisions that underlie such a document as the Regulations on the Passport of a Citizen of the Russian Federation, which was approved by Decree of the Government of the Russian Federation dated July 8, 1997 No. 828.
This same provision is briefly stated on the last pages of the passport. If we carefully read the excerpt from the document, we will see that a passport must be replaced at the age of 20 and 45. But there is not a word in the passport about what the fine is for an expired passport and whether there are other penalties for violating the deadline for replacing the document.
The fine for an expired passport is provided for in Article 19.15 of the Code of Administrative Offenses of the Russian Federation, which is called: “Residence of a citizen of the Russian Federation without an identification document of a citizen (passport).”
Sanction - a fine in the amount of 2,000 to 3,000 rubles. (for residents of Moscow and St. Petersburg - from 3,000 to 5,000 rubles).
When do you need to change your passport?
The procedure for replacing the main document is regulated in the Administrative Regulations of the FMS, which is included as an appendix to the FMS Order No. 391. The following grounds are highlighted:
- The onset of 20 and 45 years of age;
- Changing personal information about citizens (full name, date or place of birth, etc.);
- Wear and tear of the passport, physical damage to it, or simply lack of space on the pages for seals and stamps;
- Correction of errors or any inaccuracies;
- Gender change, as well as a radical change in appearance;
- Replacing an old USSR style passport.
All reasons, except reaching age and changing personal data, do not have clear time limits, that is, you can replace your passport at any time. If you are 20 or 45 years old, got married, or simply changed your name, you must replace your passport within 30 days, which begins the day after this or that event.
Fine for delay in obtaining a passport of 20 years
First, let's figure out what the concept of “expired passport” means.
According to the current regulations, a citizen is obliged to replace his passport upon reaching 20 and 45 years of age.
You may only face a fine for an expired passport if, within 30 days after you turn 20 or 45 years old, you do not submit the appropriate package of documents to the Migration Department of the Ministry of Internal Affairs (formerly FMS, hereinafter referred to as UMV).
But the deadline that we outlined above concerns only the submission of documents; It will take some more time to prepare the document itself:
- 10 days from the date of submission of documents if you contacted the Federal Migration Service at your place of residence;
- 2 months if you live in another area or region.
When it becomes necessary to replace
In accordance with current legislation, all citizens are required to change their passport at least twice during their life - upon reaching 45 years of age.
It is not at all necessary to go to the migration service immediately on your birthday in order to resolve this issue within the established time frame, since current legislation provides for the possibility of carrying out this procedure within one month from the moment of reaching the required age.
At the same time, if a person, on the contrary, misses the established deadlines and does not submit all the necessary documents to government agencies, he will be held administratively liable in the form of a fine.
Thus, if a person does not submit all the necessary documents within 30 days, he will need to pay a certain amount of funds. At the same time, you need to correctly understand that the time required to re-issue a passport is not taken into account for the reason that in some situations this procedure is delayed for up to two months.
In addition, the passport must be changed if a person has made certain adjustments to his appearance, gender or personal data.
How to avoid a fine for an expired passport?
Article 19.15 states: “If a citizen is required to have a passport, but lives without it or has an invalid document, then he may be subject to administrative punishment in the form of a fine.”
Let's start by determining who is required to have a Russian passport. These are all citizens living in the territory of the Russian Federation.
Next: which passport is considered invalid? A document in which marks were made that were not provided for by the “Regulations on the passport of a citizen of the Russian Federation.”
The sanction for violating the provisions of this article is a fine in the amount of 2,000 to 3,000 rubles. (for residents of Moscow and St. Petersburg - from 3,000 to 5,000 rubles) - and no other alternative to this is provided. The amount of the fine imposed depends on the discretion of officials of the local authorities.
Fine for overstaying your passport: aggravating and mitigating circumstances.
The Code of Administrative Offenses itself (Article 4.2) provides for circumstances that can mitigate your guilt, or even get rid of a fine:
- the offense was committed by a pregnant woman (or having a young child);
- the offense was committed by a minor;
- the administrative offense was committed as a result of difficult life circumstances or strong emotional disturbance;
- if the person who committed the offense voluntarily fulfilled all the requirements of the law;
- offender's remorse;
- assistance of the offender to the internal affairs bodies in establishing the circumstances of the case, etc.
This list of mitigating circumstances is open, since, for example, a judge, when making a decision in a case of an administrative offense, may recognize other circumstances as mitigating.
Article 4.3 of the Code of Administrative Offenses also provides a list of aggravating circumstances, the presence of which may increase the amount of the fine for an expired passport:
- involvement of minors in committing an offense;
- commission of an offense by a group of persons;
- repeated commission of a similar offense;
- committing an offense while intoxicated or refusing to undergo an appropriate examination, etc.
Responsibility and amounts
There are also situations when a person simply does not invest in 30 days. This is especially true in the case of a wedding, when only the honeymoon can take up such a period
. And what to do in such a situation, and what will be the responsibility in this case? First of all, you face a fine. Its size can range from 1500 to 2500 rubles.
Usually, the FMS inspector decides exactly how much to pay when the citizen finally comes to replace his passport. That is, when you come to the passport office, you will not be able to get rid of the fine. The on-site inspector draws up a protocol indicating the amount
. The fine may be reduced if there are the following reasons:
- difficult family circumstances (death of a close relative, spouse);
- pregnancy, childbirth or a small child being raised;
- voluntary visit to the passport office to replace your passport;
- other individual circumstances.
Almost all the reasons seem rather vague, which gives the right to interpret them both positively and negatively. Therefore, for a citizen, a fine is also an accident, which determines which inspector he gets
. There are also aggravating circumstances, for example, if the offender was notified of the violation, but he still refuses to replace the passport. Then the fine may be increased.
Complete exemption from paying fines for an expired passport
Do you think this is impossible?
We hasten to please you: Article 2.9 of the Code of Administrative Offenses provides that if the administrative offense committed is insignificant, the judge (or the relevant official) has the right to release the person from administrative liability and give him an oral reprimand.
And one more circumstance that is worth paying attention to: if the FMS authorities accepted your documents for issuing a new passport, and then suddenly discovered that you are overdue, then they will no longer be able to impose an administrative fine after 2 months, since it will pass the statute of limitations for bringing to administrative responsibility, provided for in Article 4.5 of the Code of Administrative Offences.