2 valid all-Russian passports, what to do. What are the consequences for having two valid Russian passports? Violations may occur

It is not clear why they are asking to establish citizenship if the mother and her parents were born and lived in Russia all their lives?
Love

Hello Love. I will complement my colleagues. The fact is that the current legislation does not provide for the incident that happened to your mother, because... As colleagues correctly pointed out, when you receive a new passport, the old one loses its validity. In the case of your mother, this did not happen, apparently due to the negligence of the FMS employees, who did not enter the relevant data into the file cabinet. But since the situation has arisen, they are forced to solve it in accessible ways, including using documents that regulate similar issues.

DECREE
PRESIDENT OF THE RUSSIAN FEDERATION
ON APPROVAL OF THE REGULATIONS
ABOUT THE PROCEDURE FOR CONSIDERATION OF CITIZENSHIP ISSUES
RUSSIAN FEDERATION
Determination of the presence of citizenship of the Russian Federation.
Checking circumstances indicating the presence or
lack of citizenship of the Russian Federation
(as amended by Decree of the President of the Russian Federation dated November 3, 2006 N 1226)
51. If a person does not have a document certifying citizenship of the Russian Federation (loss, theft, damage, etc.), if doubt arises about the authenticity or validity of issuing such a document, as well as in circumstances suggesting that a person has or does not have citizenship of the Russian Federation, the authorized body checks the legality of issuing the specified document to the person and (or) the presence of relevant circumstances .
(as amended by Decree of the President of the Russian Federation dated December 31, 2003 N 1545)
The inspection is carried out at the request of a person, drawn up in any form, on the initiative of an authorized body or other government body, taking into account part seven of Article 4 and Article 42 of the Federal Law. If necessary, during the inspection, requests may be sent to the relevant authorities at the place where the document certifying the citizenship of the Russian Federation was issued to the person, or at the person’s place of residence, as well as to executive authorities and the court. This request specifies:
information about the person, including his place of residence on February 6, 1992 and later (country, city or other locality);
information about the identity document presented by the person (if any);
the grounds for sending the request and its content.
Documents (or copies thereof) and materials related to the case are attached to the request.
The fact that a person has previously held citizenship of the USSR and (or) the RSFSR, if necessary, is established on the basis of legislative acts of the Russian Federation, the USSR, the RSFSR and other republics that were part of the USSR, international treaties of the Russian Federation, the USSR and (or) the RSFSR in force on the day the occurrence of circumstances that relate to the person’s possession of the relevant citizenship.
(paragraph introduced by Decree of the President of the Russian Federation dated November 3, 2006 N 1226)
52. After receiving the necessary information, the authorized body draws up a reasoned conclusion on the results of the inspection, which indicates the circumstances indicating the presence or absence of citizenship of the Russian Federation. The results of the inspection are reported to the applicant or the body that made the corresponding request.
A person whose citizenship of the Russian Federation is confirmed is issued a corresponding document.

Those. in fact, everything they are doing now is illegal, so mom may refuse to sign this statement.

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Which passport can be considered illegal?

Unreasonable issuance of Russian passports without following the procedure for obtaining them is considered illegal.

In theory, this is obvious, but in practice, for a law-abiding citizen, the matter can turn into trouble.

Read about illegal passports in Russia, why law-abiding citizens may have an invalid document, how to prevent a passport from being recognized as illegal, and what actions the FMS may take if an illegal passport is suspected.

What is an illegal Russian passport?

According to FMS data from 2013, about 80 thousand people were deprived of Russian citizenship.

The reason was a violation of the 1992 Citizenship Law.

A situation where passports are issued in violation of the established procedure is considered illegal.

Violations can occur:

1. through the fault of employees of the Federal Migration Service
2. due to the fault of individual citizens who do not follow the letter of the law
3. “guilty without guilt” - people who, at the time of the adoption of the Law “On Citizenship”, did not have permanent registration in the territory of the Russian Federation

The owners of the main document illegally resided on Russian territory. Even those who relatively recently received Russian citizenship and issued a Russian passport are at risk.

What can we say about hundreds of similar stories when residents of Russia, after 18-20 years, learn about the illegal issuance of their passport?

In the 90s or a little later, they came to Russia from the republics of the former USSR, lived, worked, and started families. Then it turned out that citizens’ passports were outlawed.

Risk group. Whose passport may be considered illegal?

Whose passport may be considered illegal?

Reasons for the unreasonable issuance of passports:

• bureaucratic miscalculations of FMS employees (for example, an incorrectly established article on the basis of which a person became a citizen of the Russian Federation)
• lost citizen registration card
• inability to confirm Russian citizenship
• corruption

This is not a complete list, as a result of which errors may be found in any passport and the document will become illegal.

1. Persons who have obtained Russian citizenship at consulates or diplomatic missions of Russia outside its territory. In the Consular Sections of the Russian Embassy in some countries of the former USSR, cases of loss of documents have been noted. Errors when entering information into the database and transferring them to the Federal Migration Service of Russia can also cause
2. Minor children whose parents arrived for permanent residence in Russia. They were recognized as citizens of the Russian Federation by recognizing the fact of birth in Russia. As of 02/06/1992, the parents lived in the republics of the former USSR, but not in Russia. For a long time, minor children born outside of Russia were also recognized as citizens of the Russian Federation. Subsequently, the passports of these citizens were declared invalid. Other legal rules apply here. Otherwise the passport becomes illegal
3. Family members of military personnel who, as of 02/06/1992, served in military service under the jurisdiction of Russia outside its borders. Military personnel were recognized as citizens of the Russian Federation, and family members had to obtain citizenship and a Russian passport. In military units at the place of service, family members of a serviceman received inserts in the passports of citizens of the USSR and in birth certificates. Then it was a document that confirmed Russian citizenship

Attention

If a passport of a citizen of the Russian Federation is issued on the basis of an insert, the document is illegal. During mass passport checks, a large number of people learned for the first time that they were living illegally in Russia

Signs of an illegal passport

How to determine why employees of the Federal Migration Service may suspect that a document is being issued in violation of the law? The applicant should be wary of several points.

When deadlines for the provision of public services are delayed:

• a citizen applied for a passport replacement upon reaching the age of 45 or with another reason for replacing a passport
• delay in obtaining a passport
• registration of Russian citizenship for a child
• registration at place of residence
• registration at the place of temporary stay, etc.

The situation regarding passport replacement must be kept under control. From FMS employees you will have to hear some fables about the next inspection, or some other excuses.

It is important

But no matter what the situation arises, the applicant has the legal right to demand compliance with the established deadlines

Employees of the Federal Migration Service can carry out checks, including on the validity and legality of issuing a passport of a citizen of the Russian Federation. But this is not a reason to violate the deadlines for the provision of public services.

In such a situation, there is no need to be nervous or argue. However, it is worth making it clear that you have the right to appeal to higher authorities to resolve this issue.

The FMS employee requires the submission of additional documents:

• home Book
• employment history
• certificate from the military registration and enlistment office
• military ID
• insurance policy
• medical certificates
• other evidence that the applicant can use to confirm permanent residence in Russia

Helpful advice!

You don't have to prove anything to anyone. Therefore, you can refuse the instruction to bring additional certificates and documents

Which passport is considered illegal?

FMS employees thus make their lives easier by shifting their work to the applicant. If necessary, they independently make requests without your participation

Explanatory note from the applicant with detailed circumstances of obtaining Russian citizenship and a passport. In it, the applicant will have to indicate the date of arrival in Russia, the time and place of registration. This is the main sign that there are doubts about the legality of obtaining a Russian passport. Further, based on the explanatory note, an official investigation will follow to determine the authenticity of the document.

The legislation does not impose an obligation on a citizen to write an explanatory note. Consequently, the applicant has the right to refuse the request of the FMS officer

The described symptoms may not necessarily be present. But there will be suspicious actions on the part of government officials. The official may promptly inform the applicant that his passport is invalid.

The standard situation, when the procedure was violated during the issuance, is unfounded or doubtful. Next, inspections are carried out, which may be followed by illegal actions on the part of officials.

Attention

FMS employees must prove it, but not vice versa!

What to do to prevent your passport from being recognized as illegal

prevent the passport from being recognized as illegal

From the side of the FMS employees, the applicant becomes almost a suspect or an accomplice in the issuance of an illegal passport.

You should not count on the help of officials, even in terms of qualified advice on how to get out of the current situation.

They will make it clear to you that the applicant must resolve his issues himself without the participation of an official.

Before giving evidence or explaining details, you should obtain professional advice from a qualified attorney. This will help avoid negative consequences in the future.

Helpful advice!

Timely legal assistance will protect the applicant from incorrect actions of FMS officials. There will be a chance to convincingly prove the legality of a Russian citizen’s passport

If necessary, it is better to insist on checks confirming Russian citizenship.

Foreigners who have received Russian citizenship, while retaining their previous one, are asking questions: what passport should they use to travel?

Fact 1: You can travel anywhere and with any passport.

Fact 2: There is no need to try to enter your own country as a foreigner.

Fact 3: There is absolutely nothing illegal about showing a Russian passport to Russian border guards when leaving Russia, and a Ukrainian passport when entering Ukraine.

Fact 4: For those who have a second citizenship of some “visa country” and are going home: the ticket must be taken on a foreign passport. If you travel in Russian, you will not be released until you obtain a visa.

Please note that flight check-in and passport control are two different entities. At registration, you present the passport with which you bought the ticket, but the border guards need to show the passport with which you last entered Russia. What does it mean?

Don't think that you are the only holder of two passports in the world. Border guards have long been aware of this trend. Usually, when an unusual situation arises, or when something needs to be clarified, they ask directly: “Do you probably have a second passport?” In this case, there is no need to deny, show the document and the incident will be resolved. However, if you were asked about having a second passport Russian border guards, there is one point worth considering.

Changes in the migration legislation of the Russian Federation: liability for failure to notify of second citizenship

Federal Law No. 142-FZ of June 4, 2014 introduced a number of changes to regulations regarding the types of legal liability to which a violator of the obligation to notify migration authorities of dual citizenship is subject.

Administrative responsibility

Article 19.8.3 appeared in the Code of Administrative Offenses of the Russian Federation. This provision contains sanctions for committing actions that violate the procedure for filing a notification. This violation can be expressed as:

• Late submission of a document.
• Providing incomplete information in the notification.
• Providing knowingly false data.

These acts are punishable by a fine. The amount charged varies from 500 to 1,000 rubles.

Criminal liability

Article 330.2 was introduced into the Criminal Code of the Russian Federation, which provided for punishment for failure to report the acquisition of a second citizenship. The Criminal Code provides for an alternative sanction that has 2 types of punishment.

• Fine

In the absence of a notice, the person obliged to submit it may be required to pay a fine in the amount of: from 200 thousand rubles ; in the amount of wages; in the amount of other income. The fine is collected from the income of the violators received by them during the period up to 1 year.

• Mandatory work

A person found guilty of failure to provide notice may be punished with mandatory labor. The maximum period for performing such work should not exceed 400 hours .

So, if a Russian border guard asked you about having a second passport, but you did not submit a notification, everything is very bad. Prepare to be punished.

Also, do not forget about the legislation of the country whose passport you consider to be a “second” one. In some states it is prohibited to have any other citizenship, and if you “light up” your Russian (or any other) passport, you can get into big trouble, even deprivation of citizenship!

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Decree of the Government of the Russian Federation dated July 8, 1997 No. 828 “On approval of the Regulations on the passport of a citizen of the Russian Federation, a sample form and description of a passport of a citizen of the Russian Federation” was adopted on March 13, 1997. In order to create the necessary conditions for ensuring the constitutional rights and freedoms of citizens of the Russian Federation, the relevant Federal Law defines the certificate as the main documentation identifying the identity of a citizen of the Russian Federation on Russian territory.

This Government Decree regulates the regulatory and legal relationships that arise between the federal services of the executive government of the Russian Federation and a citizen of the Russian Federation related to the provision and validity of the main document on the territory of Russia - the identity card of the Russian Federation.

The text of the document has the following structure:

• Section 1. Government Decree;
• Section 2. Regulations on the passport of a citizen of the Russian Federation. Contains 2 chapters:

  Chapter 1. Basic provisions of the law. Establishes the scope of application of the law, the rights and responsibilities of citizens of the Russian Federation, the rights and responsibilities of public administration services, and requirements regarding the execution of the document.

  Chapter 2. Issuance and (or) replacement of certificates and their use. Determines the grounds for issuing and (or) replacing a passport, a list of required documents, deadlines, and procedure for issuing a certificate.

• Section 3. Description of the Russian Federation identity card form.

The latest changes were approved on November 18, 2016, which are regulated by Decree of the Government of the Russian Federation No. 1214 “On Amendments to the Regulations on the Passport of a Citizen of the Russian Federation.”

What changes have been made?

According to the latest edition, the changes affected paragraphs 14 and 16, which describe in detail the requirements for the Russian Federation citizen passport form.

The Government of the Russian Federation decides to make the following changes:

• in the first paragraph of paragraph 14, replace the words “multifunctional centers for the provision of national (municipal) services” with the following text: “multifunctional centers for the provision of national and municipal services.”
• the text of paragraph 14 of the third paragraph should be stated as follows: “Civil servants of multifunctional centers must provide documents, statements and personal photographs submitted by citizens within 3 days. An identity card, which was issued on the basis of an application submitted through government officials, is issued to the citizen by officials of multifunctional centers for the provision of national and municipal services";
• paragraph 16 should be supplemented with the following text: “If a citizen submits an application for the issuance and (or) replacement of a certificate in a unified form approved by the Ministry of Internal Affairs of the Russian Federation, personal photographs and the application itself are transferred to a civil servant of the multifunctional center within 3 days.”

What is new in the law on the Russian Federation passport concerns the receipt of a foreign certificate; in accordance with the new edition, the place for putting special marks on its receipt can now be placed on two pages at the same time - nineteenth and eighteenth. The corresponding innovations will allow citizens of the Russian Federation to use the certificate form for a longer time. The latest changes came into force on February 1, 2017.

The procedure for obtaining a Russian passport

The passport of a citizen of the Russian Federation includes the most detailed information about the owner of the document - full name, date and place of birth, gender. This Federal Law establishes the age at which the owner is required to obtain or replace an identity card.

Document validity period:

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

You can obtain a passport of a citizen of the Russian Federation at the territorial divisions of the FMS services. To do this, you need to collect a package of documents and go to the appropriate service at your place of residence or temporary registration; after submitting the documents, a FMS employee conducts an inspection and sets a date for receiving the finished certificate.

The Federal Law of the Russian Federation stipulates that obtaining an identity card occurs not only upon reaching a certain age, but also for the following reasons:

• change of personal data;
• change in appearance;
• gender change;
• if inaccuracies or errors are detected in the information contained in a previously issued document;
• the identity card has become unsuitable for further use, for example due to wear and tear.

If desired or necessary, a citizen of the Russian Federation may be issued a temporary certificate valid for no more than 2 months. A temporary passport is equal to the main identification document, that is, with a temporary document you can perform all the necessary actions - receive a parcel, buy a ticket, issue a sick leave, etc.

Replacement procedure

You need to submit an application to replace your citizen’s passport at the nearest migration authority office. You can exchange an identity card due to the expiration of the certificate, reaching a certain age category, change of personal information, loss, theft or damage to the document.

You can carry out the procedure for replacing a citizen’s passport in the following ways:

• personal visit to the Federal Migration Service;
• submitting documents through government services. This option is considered the most popular, since you can submit an application without leaving your home. You will need to authorize your personal account, fill out an electronic form, attach all the necessary documents and send the appropriate request for system processing;
• contacting multifunctional centers of national and municipal services.

According to Article 19.15 of the Code of Administrative Offenses of the Russian Federation, an administrative fine for an expired passport will be imposed in the amount of 2,000 to 5,000 thousand rubles, depending on the place of residence.

Download the passport law

Decree of the Government of the Russian Federation dated July 8, 1997 No. 828 “On approval of the Regulations on the passport of a citizen of the Russian Federation, a sample form and description of a passport of a citizen of the Russian Federation” provides for administrative responsibility for living without a passport. If the fact of deliberate destruction or damage to an identity card is proven, FMS officers will impose a fine on the citizen in the amount of 100 to 300 rubles.

It is worth noting that if the owner of the document immediately reported to the police about the theft or loss of the ID, the law enforcement service will issue a special notification coupon, on the basis of which it will be possible to restore the passport of a citizen of the Russian Federation.

Download the law on the passport of a citizen of the Russian Federation

Firstly, I must say that according to paragraph 22 of the Regulations on the passport of a citizen of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 8, 1997 N 828 (an extract from this provision is available for any citizen of the Russian Federation), it is prohibited to confiscate a citizen’s passport, except in cases provided for by the legislation of the Russian Federation.

In the case you described, the seizure was made clearly illegally and the citizen who committed such seizure may be brought to administrative responsibility under Part 2 of Article 19.17 of the Code of Administrative Offenses of the Russian Federation (“Acceptance of an identification document of a citizen (as a pledge”) with the imposition of a penalty of warning or imposition of an administrative fine in the amount of 100 rubles.

Along with this, you can try to bring this citizen to criminal liability under Part 2 of Article 325 of the Criminal Code of the Russian Federation (“Theft of a citizen’s passport or other important personal document”), entailing a fine of up to 80,000 rubles or in the amount of wages or other income of the convicted person for a period of up to 6 months, or compulsory work for a period of up to 360 hours, or correctional labor for a period of up to 1 year, or arrest for a period of up to 3 months.

Yuri Vasilyevich thank you, the useful information needs to be studied specifically. Yuri Vasilyevich, I forgot to write that there is a gas boiler in the house, there is no central heating, please give a more precise answer to my question, thank you in advance with respect, Viktor Nikolaevich.

Code of Administrative Offenses, N 195-FZ, Art. of the Code of Administrative Offenses of the Russian Federation

In accordance with paragraph.

21 of the Regulations, the passport of a person taken into custody or sentenced to imprisonment is temporarily confiscated by the preliminary investigation body or court and attached to the personal file of the specified person. Upon release from custody or serving a sentence of imprisonment, it is returned to the citizen.

2. The passport does not apply to the things that are the subject of pledge.

According to paragraph 1 of Art. 336 of the Civil Code, the subject of pledge can be any property, including things and property rights (claims), with the exception of property withdrawn from circulation, claims inextricably linked with the person of the creditor.

3. Subjects of an administrative offense under Part.

1 of the commented article are officials who confiscate a passport from a citizen of the Russian Federation in cases not provided for by the legislation of the Russian Federation, or use it as a collateral.

Using a passport as collateral is a type of illegal seizure. Administrative responsibility provided for in Part.

2 of the commented article, is punishable for the illegal seizure of a passport of a citizen of the Russian Federation, a foreign, diplomatic, service passport, as well as a sailor’s passport.

In accordance with paragraph.

1 tsp. 2 tbsp. 23.3 of the Code of Administrative Offences, cases of administrative offenses provided for in the commented article are considered by the heads of territorial departments (departments) of internal affairs and equivalent internal affairs bodies, their deputies, heads of territorial departments (departments) of the police, and their deputies.

In what cases is a Russian citizen’s passport subject to confiscation?

4) if it was issued to a person in respect of whom the authorized body canceled the decision to acquire Russian citizenship on the basis of a court ruling establishing the fact of using forged documents or reporting knowingly false information when acquiring Russian citizenship;

The passport of a citizen of the Russian Federation issued with the above violations can be seized by the internal affairs body or the territorial body of the Federal Migration Service of Russia that has identified such a passport. The decision to recognize a passport as issued in violation of the established procedure is made by the head (chief) of the territorial body of the Federal Migration Service of Russia, his deputy or the person performing his duties, based on the results of an internal audit (clause 4 of Regulation No. 178).

Temporary confiscation of the passport of a citizen of the Russian Federation is provided for persons taken into custody or sentenced to imprisonment (clause

21 Regulations No. 828). From such persons, the passport is confiscated by the preliminary investigation body or the court, attached to the personal file of the specified person and stored in the appropriate correctional institution. The passport is returned to the citizen upon release from custody or upon serving a sentence of imprisonment (Part 4 of Art.