Where is a criminal record certificate required? Do I need a criminal record certificate when applying for a job? Registration via the Internet

Many employers want to be sure that their subordinates do not have any problems with the law. Therefore, when applying for employment, they are required to provide a certificate confirming the presence or absence of a criminal record, as well as the fact of criminal prosecution or its termination.

As you might guess, such a document is usually required when applying for official employment. And it is usually required of those people who are going to work in the field of education, social protection children, in medical institutions.

Basically, a certificate is required from civil servants and those who have job regulations it is indicated that they must provide this document. We will list in more detail the situations when such a certificate is needed.

• employment under contract;
• moving for permanent residence to another country;
• employment outside the country;
• registration of guardianship;
• receiving credit loan;
• employment in an educational or medical institution.

You can make a request for a certificate regardless of your permanent place of registration and citizenship or lack thereof.

How to get a certificate through the MFC

Residents of many cities managed to evaluate the work of multifunctional centers. The number of visitors is constantly growing, and there is no long queue; the operating principle excludes such a situation. Will provide required service in the shortest possible time, and you don’t have to run around to any authorities, everything is in one place - at the MFC.

IN government agency They accept your documents and forward them to the department that deals with the issues that you addressed to the multifunctional center. It's simple, no headaches, queues or incompetent answers. The MFC employs professionals in their field.

The easiest way to obtain a certificate of no criminal record or criminal record is in multifunctional center. The service is provided here thanks to an agreement with the Ministry of Internal Affairs. Today this is the most popular and in demand service within the Ministry of Internal Affairs.

So how do you get this certificate? How to proceed when meeting with an employee? It’s simple, come to the center, approach the administrator with a request to give you a coupon for electronic queue, and then watch when the number appears on the board.

At home, using the sample, you can fill out an application; it is needed in order for you to receive a certificate. But this can be done on site at the MFC, probably so. Even more convenient. Since the specialist, if you have any questions, will tell you how to fill out. The procedure for obtaining a certificate will take no more than 15 minutes.

What documents to take to the MFC

• statement;
• passport;
• For foreign citizens a passport with a notarized translation and a permit for temporary stay in Russia or a residence permit;
• certificate of provision of temporary territorial asylum, if so

The employee will check them before accepting your documents. If there are any inaccuracies, he will tell you what to do about it.

How long to wait for a certificate?

If all are provided Required documents, a specialist will receive them and give you a special number by which you can track when the result is known. You can also call the MFC to find out the answer. Usually a certificate of no criminal record is ready in a maximum of a month. Help can be obtained from urgently, if there is such a need, consult a specialist, and he will tell you where to turn. The document itself is valid for three months.

Cost of the certificate?

This procedure is carried out at the MFC at free of charge, that is, free. When applying for a document through the embassy, ​​you only pay additionally for the postal service when sending the letter.

Is it possible to appeal the provision of a service and in what cases?

The law provides for cases when you can appeal the provision of a service. This can happen if you are not satisfied with the deadline for provision: the fate of the applicant’s registration, the provision of the service itself has been violated, if you have been asked for documents that are not included in the list of mandatory ones, you have been denied a certificate without reason, they have demanded money.

The complaint is drawn up in the form of a statement; it can either be granted or refused specified services. You will be provided with a reasoned answer. If specialists installed administrative violations, then the data will be transferred to the prosecutor's office for investigation.

A future employee of an organization or enterprise must present a certificate confirming no criminal record. This document is required only for certain categories working citizens (required if a person is going to take a certain position).

Every employer has the right to know whether his employee has problems with the law or not. IN in some cases The absence of this certificate may serve as a basis for admission to a vacant position. However, such actions may be unlawful, since the requirement of this document is not always considered legal.

According to Article 16 of the Labor Code labor Relations even for a period of only three days must be secured by an appropriate employment contract. Employers do not have the right to allow execution job responsibilities persons, .

To conclude such a contract, a future employee must provide a certain list of items listed in Article 65 at the new place of work. labor legislation:

• a citizen is obliged to confirm his identity and existing citizenship by presenting a passport;
• the education obtained is evidenced by a certificate or diploma;
• if previously carried out work activity, must be attached to the package;
• for those liable for military service it is also necessary to provide;
• if available, SNILS is also provided.

Obviously, this list does not include a certificate confirming the absence of a criminal record. That is, the management of an organization or enterprise needs to be guided by others legislative norms Labor Code, directly indicating restrictions in occupying a certain position. Only in cases provided for by the Labor Code, the employer has the right to demand this document from an applicant for a vacancy.

Wrongful refusal in design labor contract will constitute discrimination against the employee, punishable by law.

For professions that require specified certificate, refers to:

• pedagogical activity, social or cultural work, medical activities if it concerns children;
• work in foreign companies(persons entering into a contract may try to avoid criminal prosecution in the Russian Federation);
• service in armed forces (professional activity here is related to access to explosives and weapons, which pose a certain danger to civilian population);
• work in various security structures related to obtaining the right to carry firearms(according to Federal Law number 29);
• work in the bailiff service (3rd article of the Federal Law);
• work at fuel and energy enterprises representing strategic importance for the country;
• work in transport structures related to security (10th article of the mentioned Federal Law);
• work on the board of housing cooperatives (Article 45 of the Housing Code).

A person with a criminal record cannot borrow certain positions.

For example, teaching activities are prohibited for him if crimes against the person have been committed (in particular, infringement of someone else’s freedom, threats, sexual harassment and so on). For medical workers certificate is important in case of their access to narcotic substances or psychotropic drugs.

Is the basis for applying to courts(if the employee does not belong to any of the listed categories).

What does the document look like?

The certificate is issued on the basis of the order of the Ministry of Internal Affairs number 1121, issued in November 2011. The document form is issued at the place of application of the employee (local structural unit Ministry of Internal Affairs).

It shows the address at the top left information center Ministry of Internal Affairs, its full name and date of filling out the form. Top right is entered brief information about the employee (his last name, first name and patronymic, as well as place permanent residence).

The body of the document once again indicates who exactly and to whom the document is being issued, and also includes information about whether there are any of this citizen information about a criminal record (or its expungement). This includes information about the presence or absence of criminal prosecution. Placed below round stamp and the signature of the head of the information center.

Where and how to get it?

As mentioned above, this document is issued by the structural unit of the Ministry of Internal Affairs at the employee’s place of residence. Such information may be requested by:

• persons with or without citizenship ();
• employees of municipal or government organizations and institutions;
• employers acting as trustee(having written agreement worker for processing personal information);
• parents, adoptive parents or guardians of minor children (they must additionally present a birth certificate issued to this child).

To obtain a document, you must contact the structural unit of the Ministry of Internal Affairs with separate statement and a passport (its photocopy). List additional documents is specified in each specific case. For example, guardians may need a birth certificate minor child.

In the application, the employee or his representative indicates the full name, information about existing citizenship, date and place of birth, as well as address of permanent residence in the Russian Federation. The certificate is filled out on the form to which it is assigned registration number. Uniform form drawing up the form and the procedure for issuing it to citizens on this moment not established by law.

Certificate of criminal record when applying for a job required if the law establishes restrictions for convicted persons to work in certain areas and in certain positions. The article discusses the order mandatory provision certificates and individual cases when similar document may be requested by the employer on its own initiative.

Legislative restrictions on hiring with a criminal record

Persons with a criminal record are not allowed to work (serve):

• in the field of pedagogy, upbringing and education (Article 331 of the Labor Code of the Russian Federation);
• in the field of child and youth development and sports (Article 351 of the Labor Code of the Russian Federation);
• in area medical support and social protection of children (Article 351 of the Labor Code of the Russian Federation);
• in the field of culture and art with the participation of children (Article 351 of the Labor Code of the Russian Federation);
• in the internal affairs bodies of the Russian Federation (Article 14 of the Law “On Service in the Internal Affairs Bodies” dated November 30, 2011 No. 342-FZ);
• in the FSB of the Russian Federation (Article 16 of the Law “On the FSB” dated 04/03/1995 No. 40-FZ);
• in the Federal Drug Control Service of the Russian Federation (the restriction is contained in instructions for admission to service);
• V customs authorities(Article 7 of the Law “On Service in Customs Authorities” dated July 21, 1997 No. 114-FZ);
• V judicial authorities(Article 4 of the Law “On the Status of Judges in Russian Federation» RF dated June 26, 1992 No. 3132-1.);
• in the FSSP (Article 3 of the Law “On bailiffs" dated July 21, 1997 No. 118-FZ);
• in the prosecutor’s office (Article 40.1 of the Law “On the Prosecutor’s Office” dated January 17, 1992 No. 2202-1);
• in aviation (clause 3 of article 52 of the Air Code of the Russian Federation);
• in the field of clearing (Article 6 of the Law “On Clearing” dated 02/07/2011 No. 7-FZ);
• in ensuring the safety of the fuel and energy complex, transport security(requirements are established by relevant federal laws).

Certificate of presence/absence of criminal record

It will be required when applying for a job (service) where there are restrictions on this aspect. Information about criminal records is stored in local State Information Centers and State Information Centers of the Ministry of Internal Affairs of the Russian Federation. You can obtain them legally only upon request. law enforcement. Therefore for the necessary certificate should contact territorial body Ministry of Internal Affairs of the Russian Federation at the place of residence.

The procedure for issuing a certificate of the presence/absence of a criminal record has been established Administrative regulations Ministry of Internal Affairs of the Russian Federation, approved by order of the Ministry of Internal Affairs of Russia dated November 7, 2011 No. 1121. The service is free.

Note! If the employer does not request a certificate in mandatory case, then its absence will be regarded as a violation of labor laws. Incurs liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation. Although in practice sanctions for such violations are rarely imposed.

Expunged criminal record and expunged criminal record

Expunged criminal record - a situation when the sentence has expired or probation at suspended sentence. The deadlines are established by Art. 86 of the Criminal Code of the Russian Federation.

An expunged conviction is a conviction that has been annulled separate decision court (as if it did not exist).

According to the law, both expungement and expungement of a criminal record must cancel all consequences associated with it. That is, the convicted person must be returned to in full all his rights are limited by punishment.

Hence, there is a practice of removing information about a criminal record from the databases of the Ministry of Internal Affairs through a special court decision.

Having a criminal record when applying for a job

Except especially provided cases The Labor Code of the Russian Federation does not give an employer the right to refuse to hire an applicant with an expunged criminal record. The provisions of Art. 3 of the Labor Code of the Russian Federation in the part that gives the employer certain choices when hiring employees. That is, it is impossible to refuse an applicant directly on the basis of a criminal record, unless this is specifically approved by law. But to refuse on the grounds that for certain work if you prefer another applicant - you can.

An employer may ask for a certificate about the applicant’s relationship with the law in cases where the work will involve:

• with a leadership position;
• with financial responsibility;

• with special clearances and permits (for example, with possession and carrying of weapons, with confidential information);
• with high professional responsibility (for example, in medicine).

Note! In normal cases, the employer may specifically ask for a certificate. You can only require the documents listed in Art. 65 of the Labor Code of the Russian Federation, in the stipulated art. 65 cases.

Results

A certificate of presence/absence of a criminal record may be requested from mandatory when applying for a job in areas where special requirements to moral and psychological qualities workers. Having a criminal record in the past is seen as a negative aspect. All cases are established by law.

The certificate may also be additionally requested in other cases when the employer makes a decision on hiring. In such cases, it is impossible to refuse an applicant solely on the basis of failure to provide a certificate or having an expunged criminal record.

Having a criminal record when applying for a job

According to Art. 86 of the Criminal Code of the Russian Federation, a criminal record lasts from the beginning of the court sentence until its expiration or withdrawal.

One of the legal consequences of having a criminal record is the inability to engage defined by law positions. Moreover, in some cases, an expunged criminal record is not taken into account, and in others it remains the same obstacle to occupying a position as if it were still in effect.

For example, in Art. 116.1 Housing Code RF indicated that leadership positions in housing cooperative(for example, the post of a board member) cannot be held by citizens with a criminal record. Consequently, when this criminal record is expunged or removed, the right to occupy the listed positions reappears.

As another example, consider Art. 52 Air Code RF, according to which the positions of aviation personnel and aviation security Persons with an outstanding or unexpunged criminal record are not accepted. If the criminal record has expired, then the person has the right to take one of the positions provided for by the Military Code of the Russian Federation.

And part 2 art. 331 and art. 351.1 of the Labor Code of the Russian Federation prohibits persons who have or have had a criminal record from engaging in teaching and other activities directly related to children. That is, even if the criminal record is expunged or withdrawn, the person convicted of the crimes listed in mentioned articles, will not be able to become a teacher, coach, school director, etc.

In some cases, such persons may be allowed to work with children; To do this, you need appropriate permission from the Commission on Minors' Affairs. It's relative new normal, which appeared for the purpose of executing the resolution “In the case of verifying the constitutionality of clause 13, part 1, art. 83, para. 3 hours 2 tbsp. 331 and art. 351.1 of the Labor Code of the Russian Federation”, issued Constitutional Court RF 07/18/2013 under No. 19-P.

In what cases is a certificate of no criminal record required?

In operation Russian legislation The positions for which the employee is required to have a certificate of no criminal record are clearly stated. Some of them are discussed above. In addition, the following must not have a criminal record:

• heads of a private employment agency that provides workers for work labor functions in the interests of the customer;
• senior management - organizers of trading on the commodity or financial market;
• managers of a credit institution;
• individual entrepreneurs, if their activities relate to areas related to children;
• law enforcement officers;
• civil servants;
• employees of state paramilitary organizations;
• workers ensuring the safety of fuel and energy facilities.

Unless otherwise specified in the law, the employer cannot require a certificate of no criminal record from the employee.

The question arises whether a certificate is required from the employee replacing the educational institution a position that has nothing to do with education or raising children? IN judicial practice the opinion was expressed that Art. 331 or art. 351.1 of the Labor Code of the Russian Federation, therefore a criminal record certificate is not required ( appellate ruling St. Petersburg City Court dated October 15, 2015 No. 33-17245/2015 in case No. 2-5280/2015). Rostrud in the “Report with management...for the 2nd quarter of 2018” expressed Opposite opinion: any person entering work in educational institution must provide a certificate.

Thus, candidates for positions in education, social security, financial institutions (MFOs, banks, pawnshops, etc.), law enforcement units, civil service, and dangerous objects(energy, weapons production, transport).

What does a criminal record certificate look like?

The procedure for providing certificates of the presence or absence of a criminal record is determined by the Administrative Regulations approved by Order of the Ministry of Internal Affairs of Russia dated November 7, 2011 No. 1121 (hereinafter referred to as Regulation No. 1121).

Both citizens themselves (their representatives) and state or municipal authorities can apply for such a certificate.

The certificate confirms one of 4 facts:

• having a criminal record;
• no criminal record;
• existence of criminal prosecution;
• termination of criminal prosecution.

The courts take the position that the mere presence in data banks of information about the applicant’s criminal record does not infringe on the rights of the latter and cannot be considered as legal consequence associated with a criminal record. Therefore, such information is not deleted from the database (appeal ruling Supreme Court Chuvash Republic dated 08/05/2015 in case No. 33-3077/2015).

A certificate is issued in hand at a structural unit of the Ministry of Internal Affairs upon presentation by the applicant of a passport or other identification document. If the applicant cannot pick up the certificate, it is sent by mail. It is possible to request and receive help at in electronic format through the State Services portal (clauses 45, 83 of Regulation No. 1121). In this case, the document with electronic signature can be sent to any address Email, specified by the employee, for example, to the mail of the organization’s personnel department (see letter of the Ministry of Internal Affairs of the Russian Federation dated July 26, 2018 No. 1/8552, Ministry of Labor of the Russian Federation dated July 6, 2018 No. 14-2/10/B-4658, Ministry of Telecom and Mass Communications of the Russian Federation dated July 6, 2018 No. AK-P13- 062-14725).

Thus, a certificate of presence (absence) of a criminal record is a document established by the Regulations No. 1121 form. Its counterfeit is prosecuted by law.

In accordance with Art. 65 of the Labor Code of the Russian Federation, when applying for employment in positions specified by the legislator, along with documents, must present a certificate of the presence (absence) of a criminal record. For each position there are specific requirements: in some cases, an expunged or expunged criminal record is sufficient, while in others, there should be no criminal record at all. Moreover, in each case, groups of crimes are defined for which the employee should not have a criminal record.

Many people, faced with the registration of any permitting documents, or simply getting a job, they ask the question - “What is a certificate of no criminal record, and where to get it?” At its core, a police clearance certificate is a guarantor of reliability this person, so to speak, his lack of criminal inclinations.

Many institutions and organizations, before concluding an agreement with a citizen, - contract of employment, about granting a loan, etc., require him to present this document. Let's consider in what cases such a requirement is legal, and where to get the required certificate.

A certificate of good conduct is a fairly popular document. It is often required in the following situations:

• When trying to find employment outside the country.
• To obtain permission to permanent place residence abroad.
• Obtaining a large loan from a commercial organization.
• Registration of guardianship over minor children or over incapacitated citizens.
• Conclusion of a contract for service in law enforcement agencies.
• Getting a job in educational organizations, where the type of activity involves communication with minor children.

The need to present a police clearance certificate when applying for a job is regulated by Article No. 65 of the labor legislation of the Russian Federation. According to the provisions of the Labor Code of the Russian Federation, documentary proof of the absence of a criminal record is required for the following employees:

• Persons employed in the civil service at all levels of government, from municipal to federal.
• For staff law enforcement agencies– Ministry of Defense, Ministry of Internal Affairs, Ministry of Emergency Situations, FSB.
• Customs officials.
• Aviation company employees.
• Prosecutor's office employees and investigative committee RF.
• Responsible specialists of enterprises of the fuel and energy complex and heating networks.
• Employees of educational institutions.
• Board members non-profit organizations and cooperatives.

In the above cases, the citizen’s criminal record is the reason legal refusal when trying to find a job. Moreover, legislative standards directly prohibit the employment in organizations specified in Article No. 65 of the Labor Code of the Russian Federation of citizens with outstanding or expunged criminal record. And if a person is convicted of a crime under serious criminal charges, the path to government officials, law enforcement officers, teachers or prosecutors is closed for him forever.

However, in some cases, employers clearly abuse their duties by requiring the applicant to provide a police clearance certificate. At the same time, they justify their demand by the fact that the future employee, due to his occupation, will have to deal with material or monetary values. The provisions of labor legislation define such requirements for a job applicant as unlawful.

For example, a document proving no criminal record is not required at all when applying for a job in a store, banking organizations, to warehouse bases. To be more precise, the personnel department may ask the citizen to present such a certificate. But denial of employment on the basis of a person’s unwillingness to provide papers proving no criminal record is considered illegal. The only thing the employer has the right to do is, if there are several applicants, choose the one who will present such a document.

The document is standard form, containing a specific list of items to be filled out. The certificate contains the following information(listed in order):

• Passport details of the citizen in whose name the document is issued - full name, address of residence.
• Name and address of the department of the Ministry of Internal Affairs that issued this certificate about no criminal record.
• Identification number of the document form.
• The seal of the department of the Ministry of Internal Affairs and the signature of the employee responsible for issuing the document.

Documents required to obtain a certificate

Before applying for a certificate, you must collect a certain package of documentation. It includes:

• Application for the issuance of a document of no criminal record.
• General passport and its photocopy.
• For a foreigner, you will need to present a passport of your country with a translation made in Russian. The translation text must be officially certified. This can be done at the nearest embassy or consulate, as well as at a specialized agency that has the appropriate license.
• Also, foreign nationals will need to present a document on the basis of which they reside in the Russian Federation. This is either a residence permit or a temporary residence permit.
• Refugees must submit a document from the migration and visa service granting the appropriate status.
• If you have changed your last name or first name in the time that has passed since you came of age, you must present a certificate of its change indicating your previous full name.

The application must be completed in clear, legible handwriting. Any spelling or factual errors may result in refusal to issue a certificate of no criminal record.

The answer to the question of where to get a certificate is quite simple: you can order it either directly at the nearest district office police, or at the district multifunctional center. Receiving a document through the MFC has its advantages. In this case it is possible pre-registration to the appointment, with the help phone call, while at the department of the Ministry of Internal Affairs you will have to wait in line before you get to the right specialist.

After submitting an application, police officers have a period of one calendar month to draw up and issue the required certificate. Obtaining a document, either from the regional department of the Ministry of Internal Affairs or from the MFC, is absolutely free. The applicant will not have to pay any state fee, nor pay for the work of government employees. If you are abroad and you need this document, then you also pay only the cost of sending the certificate by mail, cash on delivery.

The main principle that applies when obtaining a certificate of no criminal record is extraterritoriality. That is, a citizen can receive this document at any department of internal affairs throughout the Russian Federation. His place permanent registration it does not play any role: for example, if a resident of Vladivostok temporarily staying in Moscow or St. Petersburg needs a certificate of no criminal record, he can apply for it to any nearest regional department of the Ministry of Internal Affairs.

Often citizens uninitiated in the basics of jurisprudence have a question: what is the validity period of the certificate? Legislative standards, unfortunately, do not give a definite answer to it. According to unofficial standards adopted in domestic office work, the validity period similar certificates is three months. Accordingly, upon presentation of this document it is necessary to focus on this period.

Although, purely legal point In our view, such a document should be valid indefinitely, if only because it reflects the actual situation at the time the document was issued. In reality, a citizen can receive a criminal record within those three months that the document issued by the Ministry of Internal Affairs is formally valid.

In a number of cases listed in legislative acts, a citizen can file a complaint against the actions of the Ministry of Internal Affairs officers responsible for issuing the certificate. This is acceptable in the following situations:

• The employees violated the deadlines for registering a citizen’s request to issue him the required document on good conduct.
• Skipped month period, reserved by law for the preparation and issuance of a certificate.
• If specialists of the Ministry of Internal Affairs department require a citizen to additionally present documents not listed in the regulatory list.
• When employees of the Ministry of Internal Affairs or MFC refused to accept the application and package related documents without proper, in the client's opinion, grounds.
• When requesting payment for this service.

The complaint is submitted directly to the immediate superiors of those employees who violated the legal regulations.

Obtaining a certificate of no criminal record