Do you have your passport with you?.. Are we required to have documents with us?


A passport is the main identification document. Everyone has probably read these words at least once in their lives - they are written on the last page of our passports. A passport is a document that accompanies a person from the moment he receives it at the age of 14 until his death. Neither a car license, nor service IDs, nor various certificates have the same legal force as a passport. In this regard, a natural question arises: is it necessary to carry a passport with you?

This question interests many people, especially those who are forgetful and absent-minded. Should you take your passport with you when you leave home, or is this not necessary at all? Experts have different opinions, even the most opposite ones. Some people believe that you should always have your passport with you, but some advise keeping your passport at home along with your most important documents and taking it out only as a last resort.

Receiving various services

On the other hand, the Russian reality is such that all government services, without exception, as well as medical, legal, and financial services, are provided only after identification. Moreover, this refers specifically to a passport check in order to enter information about the citizen into the databases of institutions.

When a person asks: “Am I obliged to carry a passport with me?”, then first you need to answer the question, why did he go out into the street and what will he do? Without a passport, you will not be able to take out a loan, exchange currency, or make a credit or debit card. In these and similar cases, it is mandatory to take the document.

Also, when making a large purchase by bank transfer, the seller has the right to verify your identity. If you need to buy a SIM card for your phone, you won’t be able to do it without a passport. If you want to buy plane, train and interregional bus tickets, you need a passport.

What does the law say about the obligation to always carry a passport with you?

The relationship of residents of our country with a passport is regulated by 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 No. 828). This document contains an indication that all Russian citizens over 14 years of age are required to have a passport.

However, the regulation does not say anything that the owner must always carry the passport with him, which means that the document can be stored in any convenient place (for example, at home). Thus, to the question “Is a citizen obliged to carry a passport with him?” should be answered in the negative. But in a number of situations this document may be useful. In particular, each person must provide it when:

  • registration of documents with authorities;
  • purchasing alcohol and cigarettes (those who often make such purchases will have to carry their passport with them);
  • boarding a plane or train (if you are traveling around Russia);
  • visiting medical institutions;
  • call to the military registration and enlistment office;
  • contacting a bank, etc.

Presenting your passport in certain situations is necessary to confirm your identity or to prove that you are an adult.

Along with this, every citizen is obliged to take care of his main document, and constantly carrying it does not always allow him to fulfill this duty. That is why you do not need to always carry the document with you. This position does not contradict current legal norms, according to which you are not obliged to have it available anywhere.

Important! Police have the right to check whether a citizen has an identification document, but only if there are sufficient grounds for this. In this case, not only a passport can act as identification.

Communication with the police

Of particular note is the federal law “On the Police,” which clearly states that police officers have the right to stop any citizen whose appearance or behavior seemed suspicious and demand to present an identification document. True, in this case, both a passport and any other identification document are valid, such as:

  • driver license;
  • military ID;
  • service ID;
  • certificate of release.

If you do not have the above documents, you will most likely be escorted to the police station until your identity is clarified, and this is always a waste of time and nerves.

Since we live in an age of increasing acts of terrorism, security forces have to be especially vigilant, especially in large cities. Therefore, it is not that you need to have a passport with you, but it is highly desirable.

If you are suddenly caught committing an offense, or you have witnessed the incident, or simply match the description, without having a passport with you, you will have a long and difficult time proving that you are not a terrorist. Although, after establishing your identity, you will be released and will not even be fined for lack of documents.

What does the law say about carrying a passport?

The answer to whether, by law, a citizen of the Russian Federation must carry a passport with him in 2020 follows from the main state document - the Constitution of the Russian Federation. It states that every Russian citizen who has reached the age of 14 is required to have a general passport. And here it is very important to pay attention to the wording: “must have”, and not “must have with you”.

No other law or regulation obliges us and our fellow citizens to carry with us at all times our primary identification document or any other document that may replace it. At the same time, police officers most often do not take this argument into account and refer to paragraph 1 of the first part of Art. 13 No. 3-FZ “On the Police” dated 02/07/2011, which states that law enforcement officials have the right to demand that a citizen stopped by them, even just on the street, present an identity card.

Let us remind you once again that such documents include the whole list of papers listed above. Therefore, if you do not have a passport with you, you can provide another document from the mentioned list.

Thus, the question of whether a person is obliged to carry a passport with him at all times, according to the Constitution of the Russian Federation, is resolved very simply: no, he is not obliged. Difficulties can only arise when the police officer informs you that you are very similar to the wanted criminal. In such a situation, it is unlikely that it will be possible to avoid being transferred to the local police station. But do not forget that you will be taken there to determine your identity, and not as a detainee.

Why should a citizen not carry a passport with him?

Let's consider another point of view - the passport should be kept at home. At the same time, the article of the Constitution on “careful storage of the document” was observed. There are many arguments in favor of this option that are quite serious.

It's no secret that your passport can be stolen and your data can be used to take out a loan that you will most likely have to repay. They can buy a SIM card to use it for criminal purposes. You can simply lose your passport or leave it at the institution where you had to prove your identity. It’s good if you can remember where it was left; usually passports are not lost in institutions, but are returned to the owner upon request.

Finally, the passport may be damaged in some way, become dirty, fall into water, fire, or be exposed to a chemical substance. A passport that has become unusable will have to be replaced and a fine must be paid. Loss of money, as well as peace of mind, is guaranteed.

Provisions from the passport

Is a citizen of the Russian Federation obliged to carry a passport with him? To answer this question, you will have to carefully study the established legislation.

Let's start with the provisions written on the ID card itself. They indicate that all persons over 14 years of age are required to have a civil passport. It is at this age that an identity card is issued for the first time.

Despite this, the answer to the question of whether a citizen is obliged to carry a passport with him is not clear. You need to have an ID card. What about wearing?

Still, is a citizen required to have a passport?

So what is better - to carry your passport with you or to keep it neatly at home?

Everyone determines for himself what he needs more - the ability to receive services at any time, make purchases and travel in any transport, or maintain peace of mind from the knowledge that the passport is in place and safe.

The above allows us to draw some conclusions:

  • It is mandatory to take a passport for long trips and government agencies;
  • when walking to the nearest store or market, you don’t need documents;
  • in other cases, do at your own discretion.

When is it necessary to have a passport with you?

Today all Russian citizens live in a rule of law state. This means that the law does not oblige us to present our identity card at the first request of law enforcement officers, if there are no grounds for doing so. If you are still unsure whether you should always carry your passport with you, let us remind you once again that you do not have such an obligation.

Nevertheless, situations occur from which it logically follows that one simply cannot do without this document. Moreover, in some of them a passport is even very useful. So, the circumstances under which police officers have the right to check documents are set out in the above-mentioned Federal Law “On the Police”. The reasons for this may be the following:

  • there are suspicions that the citizen is involved in committing criminal acts or is wanted by the police;
  • there is a basis for initiating a case under an article on an administrative violation;
  • in the presence of the circumstances listed in Article 91 of the Criminal Procedure Code of the Russian Federation. For example, a person was caught at the time of committing a crime, or traces of a crime are found on his clothing, or if witnesses and victims point to him.

Guards of public order cannot check a passport simply to satisfy their curiosity.

Is there a penalty for having an expired passport at 45?

If you forgot to renew your passport at age 45, you will have to pay a fine.

Similar topics: Veklich Stanislav Valerievich - Questions on Corporate Law

A fine is issued to a citizen of the Russian Federation if he has expired his passport for 20 and 45 years, since according to the Decree of the Government of the Russian Federation of July 8, 1997 N 828 (as amended on November 20, 2018) “On approval of the Regulations on the passport of a citizen of the Russian Federation, a sample form and description of the passport citizen of the Russian Federation”, the validity period of the passport is established, and it must be replaced when the citizen reaches 20 and 45 years of age.

It should be remembered that for citizens undergoing military service by conscription, the passport is replaced at the end of the period of military service by conscription.

Based on paragraph 9 of the above provision, citizens and officials bear administrative liability for violation of this requirement.

There is no separate punishment in the Code of Administrative Offenses for an expired passport, therefore the FMS authorities issue a fine under Article 19.15 Part 1 of the Code of Administrative Offenses of the Russian Federation:

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).

Under this article, a citizen is subject to the following punishment:

  • Administrative fine from 2000 to 3000 rubles;
  • For citizens of Moscow and St. Petersburg, the fine is from 3,000 to 5,000 rubles.

Police and passport

An identity card contains information that helps identify a citizen. This document is required when receiving government services of one type or another. As already mentioned, the law does not impose obligations on the population to carry the document with them at all times. Moreover, a person must keep his passport safe and sound.

But what does reality show us? Is a citizen required to carry a passport with him? When is it really necessary?

Often citizens are faced with the fact that they are stopped by police on the streets and demanded to answer certain questions. For example, give your personal information, as well as the reason for the walk. Typically, at such moments, identification is required. And a passport will come in handy.

Is a citizen required to carry a passport with him at all times? No, but if law enforcement agencies consider a person’s behavior or appearance suspicious, without a passport they may be detained until the circumstances are clarified. For personal safety, when going to crowded places, it is recommended to take your ID with you.

Rating
( 1 rating, average 4 out of 5 )
Did you like the article? Share with friends:
For any suggestions regarding the site: [email protected]
Для любых предложений по сайту: [email protected]