In what cases is the passport of a citizen of the Russian Federation subject to confiscation?

The passport of a citizen of the Russian Federation is confiscated if it is issued in violation of the established procedure or is issued on a lost (stolen) passport form. A person’s passport is subject to temporary confiscation when he is taken into custody or when he is sentenced to imprisonment. In certain cases, a foreign passport may also be confiscated.

In what cases is the passport of a citizen of the Russian Federation confiscated?

A passport of a citizen of the Russian Federation issued in violation of the established procedure or issued on a lost (stolen) passport form is subject to confiscation. In addition, 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, the passport is returned to the citizen (clause 7 of the Decree of the Government of the Russian Federation dated July 8, 1997 No. 828

;
clause 21 of the Regulations, approved. Decree of the Government of the Russian Federation dated July 8, 1997 No. 828
).

In this case, the passport is recognized as issued in violation of the established procedure if it (clause 2 of the Regulations, approved by Order of the Federal Migration Service of Russia dated March 11, 2014 No. 178

;
clause 2, part 1, art. 35 of the Federal Law of July 3, 2016 No. 305-FZ
):

• issued on the basis of false information provided by the applicant, or forged documents submitted by the applicant for the issuance or replacement of a passport;

• issued to a person for whom it has been established that he does not have Russian citizenship or who already has a valid passport;

• 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 the use of forged documents or the reporting of knowingly false information when acquiring Russian citizenship.

Why is it better to keep your passport with you?

Let's be real: there are a lot of illegal things that people continue to do anyway. If only because it is convenient. An alternative to a passport for a rental deposit is money. Moreover, we are usually talking about a significant amount, so that the client has an incentive to return. I'm afraid to give money away: in case it won't be returned or it will be replaced with counterfeits. (This is a valid concern. Request a document confirming the transfer of funds and check the bills carefully.) And you may not always have a large amount of cash on you. And it seems like you leave your passport as collateral, and then take it away - what could happen?

However, you should transfer the document itself and even the data from it with caution. And that's why.

They can sign documents on your behalf

There are contracts that are concluded in the presence of a notary or verified in some other way. But, let’s say, a promissory note does not require this. It simply indicates passport data, and a signature is placed under the text. However, such a paper may become the basis for recovering the debt from you, for example, through the court. You may be able to prove that the signature is not yours. But the process will shake your nerves pretty much.

You will receive a loan

Respectable banks don't do this. At least, if there is no fraudster among their employees who bypasses internal instructions. But some dubious microfinance organization can issue a loan using a copy or a photograph of a person with a passport, which can be easily done in the editor if the attacker has access to the document.

They will register a shell company under your name

And it is you who will then come to you for an answer if scammers take out loans or fail to pay taxes.

A SIM card will be issued for you

Fraudsters always need new phone numbers to call gullible citizens and scam them out of their card details. In the worst case, the attackers will completely re-issue your SIM card and gain access to all the codes that you receive via SMS.

An e-wallet will be registered for you

Criminals usually require transit wallets to cover their tracks when stealing money. Passport data helps verify your account and transfer larger amounts.

They will send you a fake receipt

For example, attackers will falsify receipts for payment of housing and communal services or notifications from the tax office. If you transfer money using the specified details, the funds will go to scammers. But the debt to the management company or the state will remain, and then penalties will begin to accrue.

This is not an exhaustive list because criminals are evolving their schemes. But even the dangers mentioned make it clear: it is better to keep your passport with you.

Who can confiscate the passport of a citizen of the Russian Federation

The passport of a citizen of the Russian Federation issued with the above violations can be seized by the internal affairs body of the Russian Federation that has identified such a passport. When a passport is confiscated, an act of confiscation is drawn up in two copies, one of which is handed over to the passport holder against signature (clause 7 of the Government of the Russian Federation of 07/08/1997 No. 828

;
clause 5 of the Regulations, approved. By Order of the Federal Migration Service of Russia dated March 11, 2014 No. 178
).

Note. For illegal seizure of a passport, administrative liability has been established for officials (Article 19.17 of the Code of Administrative Offenses of the Russian Federation

Who else can legally demand a passport?

Identity confirmation is required when applying to a variety of institutions:

Military registration and enlistment offices.
Educational establishments.
Hospitals, clinics.
Stores, if tobacco or alcohol products are purchased.
Banks during any operations.
Government services.

In addition, without a passport it is impossible to enter some public places: bars, clubs, specialized supermarkets, computer clubs at night, cinemas to watch “18+” films.

Important: you only need to present the document in person. It is unacceptable to provide your information over the phone. It is not recommended to present your passport to strangers who are not police officers or station/institution employees on the street, at a train station, or at the airport.

In what cases is a foreign passport confiscated?

The foreign passport(s) of a citizen of the Russian Federation is confiscated if the citizen is restricted from leaving the Russian Federation due to the fact that he is involved as a suspect or accused in a criminal case, has been convicted of committing a crime, or is evading the obligations imposed on him by the court. A foreign passport may be confiscated, in particular, by a court, an authorized body in the field of internal affairs, border or customs authorities. A seized international passport is sent for storage to the authority that issued the passport. Confiscation of a citizen’s passport, except in cases provided for by the legislation of the Russian Federation, is prohibited (Article 18 of the Federal Law of August 15, 1996 No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation”

;
clause 22 of the Regulations, approved. Decree of the Government of the Russian Federation dated July 8, 1997 No. 828
).

Based on materials (“Electronic magazine “ABC of Law”, 2020)

What does the law say?

What does Russian legislation say regarding the possession of a passport by a citizen at the time he leaves his home? Can the absence of this document lead to punishment?

The country's main government document, the Constitution, states that every citizen is required to have a passport upon reaching their 14th birthday. But the law does not say that citizens must always take a document with them when leaving home. Moreover, no other regulation or law states that every citizen must always take a basic document with him when leaving home.

Conclusion: you do not need to carry a passport: the law does not oblige you to do so.

Is there any way to replace my passport? Yes, to avoid problems if you need to confirm your identity, for example, to representatives of the law, you can present any other document instead of a passport:

Military ID.
Service ID.
Resident card.
Driver's license.
Refugee certificate.
Military ID, etc.

Samples of new passports and protective elements on them

Validity of an expired passport

An expired document remains valid for the period provided to the owner for replacement. The figures for each specific case are given above - usually we are talking about either 90 or 30 calendar days.

The additional time during which sanctions cannot be applied to the owner of an expired passport is the period of production of a new document. Today it is 10-30 days from the date of application and depends on the specific region.

State authorities plan to reduce this time to 5 working days, that is, a calendar week, starting in mid-2022.

What is a card number

This issue is worth dwelling on in more detail. The number on the card is a set of numbers (16 or 18 characters) that is printed on the front, front part of the card. All signs in the room have their own purpose. For example:

First 6 characters. They provide information about the organization or company that issued this card.
9 digits after. They provide information about the type of media, its purpose, as well as the region in which it was released.
Last digit. This is the number with which the card can be checked if problems arise with it.

Note! The card number cannot be removed from its surface mechanically.

Replacing an expired passport

The current procedure for replacing a passport in case of delay is quite simple and understandable. It involves several sequential actions.

What you need

First you need to create a package of necessary documents. It includes:

old passport;
application for a new one;
a document confirming payment of the state fee (its amount is 300 rubles for the standard procedure and 1.5 thousand rubles when replacing a lost or damaged passport);
two standard size photos (35*45 mm);
registration documents (temporary or permanent);
military ID (for men);
marriage certificate (for married and married);
birth certificates of children (if any).

Replacement procedure

The replacement procedure involves submitting the collected set of documents to the territorial division of the Ministry of Internal Affairs. You can do this in one of three ways:

by directly visiting the so-called passport office;
through the State portal src=»https://f.sravni.ru/cms/uploads/2021/11/125634-2-1024×557.png» class=»aligncenter» width=»1024″ height=»557″[ /img]
during a visit to one of the many MFCs.

Possible problems and nuances

The most common problem in the process of replacing an expired passport with a new one is incompleteness or errors when filling out the submitted documents. If they are discovered, you need to correct the shortcomings and re-apply for a new passport. In such a situation, the countdown for its registration begins anew.

If you find money on the street and take it, you may be prosecuted for this. Explaining the law

What should you do if you find someone else’s wallet in a shopping center? Who can and cannot give the find to? If the cashier of the exchanger gives out a large amount by mistake, can it be withdrawn without any consequences? These and other questions are answered by Dmitry Maslov, deputy head of the department for supervision of inquiries of the Minsk prosecutor's office.

For several days now, the story of a Minsk woman who found 20 dollars and 25 rubles in a shopping center, took it away, and a few days later the woman was informed: a criminal case has been opened against her under Art. 205 "Theft". Many were indignant: can they really punish a person for picking up something that no longer belongs to anyone? And is it really possible to get a criminal record for the amount of 20 dollars? TUT.BY, together with a specialist, understood the legal nuances.

Traveling abroad: should I take my internal passport with me?

To cross the border of your state, it is not necessary to take a Russian passport, but it may be required if you first need to travel through the territory of your country by train/plane. To leave the Russian Federation and cross the border in the opposite direction, you only need to have a foreign passport.

Although it is not required to have an internal passport abroad, there are times when it can be useful, for example, to rent a motorbike, etc.

But there is one important nuance: the document is not insured against loss, so it is best not to take risks, but following the advice of experienced travelers, take printed color photocopies with you, preferably certified by a notary.

Thanks to this, you can always present a document to confirm your identity without constantly carrying the original.

If you find money on the street and take it, you may be prosecuted for this. Explaining the law

Can they be drafted into the army directly from the military registration and enlistment office?

Many people are interested in the question of whether they can enlist in the army directly from the military registration and enlistment office. This situation is impossible, since after a medical examination the conscript receives the appropriate category of suitability and only receiving a summons indicating the reason for the urgent conscription can mean appearing at the institution for distribution fees.

Therefore, in order to receive a summons, a conscript must first be registered with the military and have a fitness category that provides for military service.

How to avoid a fine for an expired passport

To prevent penalties from being applied to you, it is enough to comply with the deadlines for replacing your passport established by law. You must receive a new document to replace the old one upon reaching 20 and 45 years of age. The duration of the event is 90 days from the date of the corresponding birthday. Until the specified time expires, the validity of the old passport continues.

Another reason for changing a passport is a change in personal data. Usually we are talking about changing the surname after marriage. 30 days are allotted for this. But in most cases, such a situation is not accompanied by problems with expired passports, since the replacement of the document is carried out by the registry office employees, so a new document is issued directly during the marriage registration procedure.

Other reasons for replacing a passport are:

damage to a document;
its loss or theft;
serious changes in appearance - beyond recognition compared to the passport photo.

Do not forget about the need to obtain a passport after reaching the age of 14. In this case, there is no question of an expired document, but administrative liability in the form of a fine is quite possible. The same 90 days are allotted for obtaining a passport.

It is important to note that until mid-2021, in each of the above cases, noticeably less time was allotted for receiving a document - exactly a month. But recently amendments to the current legislation came into force, which softened the temporary requirements for replacing an expired passport.

Conclusion

A passport is a basic document confirming the identity of a citizen of the Russian Federation.
It is first issued at the age of 14 and requires replacement at least twice more - upon reaching 20 and 45 years.
90 calendar days are given for this.
Continued use of an expired passport results in a fine and the inability to carry out financial transactions, real estate transactions and a number of other actions.
Passport replacement is carried out by territorial divisions of the Ministry of Internal Affairs.
To receive a new passport to replace an expired one, you need to submit an application and attach a set of supporting documents to it.
The documentation package is submitted in one of three ways - directly to the Ministry of Internal Affairs, through the State Services portal or to the MFC.