The law provides for a fine for late passport replacement. Decree of the Government of the Russian Federation dated 07/08/1997 N 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” stipulates that a passport is replaced if the following grounds exist:
- reaching 20 and 45 years of age;
- change by a citizen in the prescribed manner of last name, first name, patronymic, change of information about the date (day, month, year) and / or place of birth;
- gender change;
- unsuitability of the passport for further use due to wear, damage or other reasons;
- detection of inaccuracies or errors in entries made in the passport.
According to paragraph 15 of the said Decree of the Government of the Russian Federation dated 07/08/1997 N 828, documents and personal photographs for obtaining or replacing a passport must be submitted by a citizen no later than 30 days after the occurrence of the circumstances specified above.
Who has the right to impose a fine for late passport replacement?
According to Part 1 of Article 23.3 of the Code of Administrative Offenses of the Russian Federation, cases of administrative offenses provided for in Articles 19.15 - 19.18 of the Code of Administrative Offenses of the Russian Federation are considered by internal affairs bodies (police).
By virtue of Part 2 of Article 23.3 of the Code of Administrative Offenses of the Russian Federation, the following have the right to consider cases of administrative offenses on behalf of the bodies specified in Part 1 of this article: heads of territorial departments (departments) of internal affairs and equivalent internal affairs bodies, their deputies, heads of territorial departments (branches, points) of the police, their deputies - about administrative offenses provided for in Art. 19.15 - 19.18 - local police commissioners, local police commissioners - about administrative offenses provided for by 9.15, 19.15.1 of the Code of Administrative Offenses of the Russian Federation; heads of structural divisions on migration issues of territorial bodies, their deputies - about administrative offenses provided for in Art. 19.15 - 19.18 Code of Administrative Offenses of the Russian Federation.
According to Part 1 of Article 28.3 of the Code of Administrative Offenses of the Russian Federation, protocols on administrative offenses provided for in Articles 19.11-19.17 of the Code of Administrative Offenses of the Russian Federation are drawn up by officials of internal affairs bodies (police).
Thus, only police officers have the right to draw up a protocol and issue a resolution imposing a fine for late passport replacement.
How to pay a fine
If you are late in replacing your passport, a fine will be charged and a receipt will be issued to pay for it. As soon as you have it in your hands, immediately go pay for it. You can do this in several ways:
- At any bank branch. Payment details and personal data are entered on a form issued by a bank employee. After depositing the required amount, you will be given a receipt indicating that the fine has been paid;
- If you don't have time to stand in long lines, use the terminal. If problems arise with payment, a consultant will always come to the rescue and help you do everything correctly. After making the payment, you will be given two checks, one for the transaction, the second acts as a payment receipt;
- Pay the fine using a transfer in an electronic wallet;
- Pay the accrued amount using online banking, for example, Sberbank Online;
What is the fine for late passport replacement?
As stated in Article 19.15 of the Code of Administrative Offenses of the Russian Federation,
1.residence at the place of stay or at the place of residence in the residential premises of a citizen of the Russian Federation, who is required to have a citizen’s identity document (passport), without a citizen’s identity document (passport), or with an invalid citizen’s identity document (passport), —
entails the imposition of an administrative fine in the amount of 2,000 to 3,000 rubles .
2. The violation provided for in Part 1 of this article, committed in the federal city of Moscow or St. Petersburg, -
entails the imposition of an administrative fine in the amount of 3,000 to 5,000 rubles .
Reasons for exchange
Replacement of an internal passport of a citizen of the Russian Federation is carried out on the following grounds:
- Damage to a document. Passports may wear out due to prolonged use. In addition, the document may fall into water and become wet, it may be accidentally spilled with coloring or adhesive substances, and the passport may be burnt. In general, there are many ways to damage a document. It is important to remember one thing - a Russian citizen is obliged to take care of his identity card, and there is a fine for damaging it. In 2021, the amount of this penalty ranges from 100 to 300 rubles (Article 19.16 of the Administrative Code).
- Change of passport data. If the owner of the document has changed his last name, first name or patronymic, date or place of birth, gender, or has radically changed his appearance, for example, had plastic surgery, the passport must be replaced.
- Replacement upon reaching a certain age. Russians receive their first passport at the age of 14. It's no secret that age-related changes noticeably change one's appearance. In order for the photograph to match the appearance of the passport holder, two mandatory replacements of the document are provided: upon reaching the age of 20 and 45 years.
We will soon tell you what will happen if you do not change your passport. Now let’s focus on the fact that from the moment one of the events described above occurs, the passport becomes invalid, and, therefore, the owner of such a document actually does not have an identity card: from the point of view of the law, the invalidity of a passport is equivalent to its absence.
Read more about how to replace your passport.
How to appeal a fine for late passport replacement.
In accordance with clause 3, part 1, art. 30.1 of the Code of Administrative Offenses of the Russian Federation, a decision in a case of an administrative offense made by an official can be appealed by the persons specified in Art. 25.1 - 25.5.1 of this Code to a higher body, a higher official, or to the district court at the place of consideration of the case.
Thus, if you disagree, you can try to appeal the decision to impose a fine. If there are grounds, good reasons, the court may consider the possibility of applying Article 2.9 of the Code of Administrative Offenses of the Russian Federation when considering a case of an administrative offense.
In accordance with Article 2.9 of the Code of Administrative Offenses of the Russian Federation, if the administrative offense committed is of minor importance, the judge, body, official authorized to resolve the case of an administrative offense may release the person who committed the administrative offense from administrative liability and limit himself to an oral remark.
Insignificance can be applied to all administrative offenses, including those of a formal nature, since otherwise does not follow from the requirements of the Code of Administrative Offenses of the Russian Federation. Consequently, the question of the insignificance of an offense is evaluative and is established based on the specific circumstances of the case.
In accordance with the explanations of the Plenum of the Supreme Court of the Russian Federation “On some issues that arise for the courts when applying the Code of the Russian Federation on Administrative Offenses” No. 5 of March 24, 2005, a minor administrative offense is an action or inaction, although formally containing the elements of an administrative offense, but taking into account the nature of the offense committed and the role of the offender, the extent of the harm and the severity of the consequences, it does not represent a significant violation of protected public legal relations.
Based on the constitutional principle (Article 1, Part 2 of Article 6, Part 1 of Article 17, Articles 18, 19, and Part 1 of Article 50 of the Constitution of the Russian Federation), punitive sanctions, in accordance with general principles rights must meet the requirements of fairness and proportionality arising from the Constitution of the Russian Federation when determining the amount of the fine to be collected.
It is worth remembering that you have only 10 days in accordance with Art. 30.3 Code of Administrative Offenses of the Russian Federation.
Methods of paying a fine
You can pay a fine for late receipt of a passport at the age of 14 at almost any bank branch. In addition, most payment terminals or online banking allow you to do this. The main thing when using any of these methods is to correctly indicate 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.
The same answer can be given to the question of where to pay the fine for an expired passport at the age of 45 and in all other cases when you have committed an administrative offense in the field of passport regime.
Time limits for bringing administrative liability for delay in passport replacement.
In accordance with Part 2 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, in the event of a continuing administrative offense, the statute of limitations provided for in Part 1 of this article for bringing to administrative responsibility begins to be calculated from the date of discovery of the administrative offense.
According to Part 1 of Article 4.5 of the Code of the Russian Federation on Administrative Offences, the statute of limitations for bringing to administrative responsibility for committing an administrative offense under Article 19.15 of the Code of the Russian Federation on Administrative Offenses is two months.
In paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 N 5 “On some questions that arise for the courts when applying the Code of the Russian Federation on Administrative Offenses” it is stated that the day of discovery of a continuing administrative offense is considered the day when the official authorized to draw up a protocol on administrative offense, revealed the fact of its commission.
Thus, after an official discovers an administrative offense (usually this is the day the documents are received by the Russian Ministry of Internal Affairs to replace a passport), he has two months to bring the citizen to administrative responsibility - drawing up a protocol and issuing a resolution.
Therefore, the common belief that you need to wait 60 days from the expiration date required to replace your passport and the fine will not be issued is erroneous .
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What is the fine for an expired passport in 2020
All Russian citizens who have reached the age of fourteen must have a document confirming their identity, which is a passport. These two “axioms” are spelled out in Decree of the Government of the Russian Federation No. 828. A fragment from it in abbreviated form can be found on the last page of the passport. However, it does not reflect information about sanctions for late replacement of an identity card.
The penalty for a lately replaced passport ranges from 2,000 to 3,000 rubles. For residents of the two capitals (Muscovites and St. Petersburg) this amount is higher and equals approximately 3,000-5,000 thousand rubles. More information about fines can be found in Art. 19.15 Code of Administrative Offenses of the Russian Federation.
How to avoid a fine
There are many reasons why it is not possible to complete the replacement procedure on time. Some of them can become a significant reason for removing penalties from the “offender” (pregnancy, difficult life situation).
Let us remind you that every citizen of the country who has reached the age of fourteen must have a passport. An identity card is considered invalid if it contains corrections, blots, or extraneous entries.
In the Code of Administrative Offenses of the Russian Federation in Art. 4.2 specifies circumstances that can eliminate the imposition of sanctions or significantly reduce them:
- The offense was committed by a woman who is pregnant or has a newborn child in her arms;
- The offense was committed by a minor teenager;
- The cause of the violation was a difficult situation in life or severe mental shock;
- The offender voluntarily agreed to comply with all requirements provided for by law;
- The offender realized his offense and sincerely repented;
- Providing all possible assistance to police officers in establishing all the circumstances of the case.
This list is classified as open; during the trial, the judge may recognize other circumstances as mitigating.
Article 4.3 of the Code of Administrative Offenses contains a list of aggravating circumstances that only aggravate the situation. If their presence is proven, the size of the fine can be increased several times:
- The offense was committed with the participation of minor children;
- The law was violated by a group of people;
- This offense was recorded for the offender for the second time;
- The offender was found to be intoxicated, and he refused to undergo a medical examination.
Complete exemption from fines
Article 2.9 of the Code of Administrative Offenses of the Russian Federation states that if the offense is minor, the official has the right to limit himself to issuing a reprimand orally.
Another circumstance that can save you from paying a fine is reflected in Article 4.5 of the Administrative Code. If employees of the Federal Migration Service office accepted the documentation for replacement, and then discovered that the papers were submitted in violation of the established deadlines, they do not have the right to fine them for overdue passports after two months, since the period for bringing them to administrative responsibility will have passed.
Nobody likes fines, so our citizens are looking for various ways to save their family budget and avoid paying the accrued sanctions for an administrative offense. Exemption from the fine for late replacement can be obtained in the following situations:
- Receiving unverified personal data of the offender for the protocol, an invalid document cannot be considered as an identity document. Such a protocol is easy to challenge in court proceedings;
- Fine for untimely replacement of a passport after six months, the maximum period of “action” of an administrative offense is two months;
- The offense was recorded by a person who does not have the authority to do so;
- Forcing the violator to pay the accrued fine in cash “on the spot.” Payment can only be made by bank transfer.
Residence or temporary stay of a Russian citizen in another region should not create additional difficulties when replacing a document. You can visit any migration service office and submit a request for a new passport. It’s just that in this case you will have to wait longer for a new certificate.
Consequences of imposing sanctions
After the resolution imposing an administrative fine on the offender comes into force, two months are given to make the payment. If the transfer of funds is not completed within the specified period, then in accordance with Article 20.25 of the Code of Administrative Offenses, there may be:
- A double fine (not less than 1000 rubles);
- Assignment of correctional labor for fifty hours;
- Detention for fifteen days.
