The prescribed fine for an expired passport

What troubles does an expired passport bring?

Are you 20 or 45 years old? Have you changed your last name or any other passport details? Then you will have to visit the regional migration service office and apply for a passport exchange.

However, here’s the problem: if you are a month late in renewing your passport (the period is counted from the moment your data changed or your “milestone” birthday arrived), before you are issued a new passport, you will most likely be urged to pay a fine for late exchange of this document.

Moreover, they may even refuse to accept documents for exchanging your passport until you bring the paid receipt.

How to change an expired passport at 45 years old: step-by-step instructions

In order to replace an expired passport, you need to do the following:

Step one - collecting documents

If you find that your passport has expired, the first thing you need to do is collect a set of required documents. The supervisory authority will need the documents to enter information about you and your family into the new passport.

In addition to documents that are submitted exclusively in originals, you must bring the inspector two photographs taken in accordance with established requirements.

Step two - contact the FMS or MFC

During your visit to the migration service, you will need to write an application, indicating your data, as well as the data of your close relatives - children and spouse.

You can also apply for a new passport through the MFC. As a rule, the queue in this department is shorter than in the Federal Migration Service, but the processing time for the document may take longer.

Step three – payment of state duty and fine

Employees of the service or center will definitely give you a receipt for payment of the state duty and send it to the banking organization. The state duty is 300 rubles. You can pay it either in cash or by bank transfer.

In addition, even before the documents are accepted, you may be fined. It will also need to be paid.

Step four - obtaining a new passport

After checking and accepting the documents, the service representative will send you a notification indicating the date and time of your arrival at the FMS to receive a passport.

When you receive your passport, you need to take with you the original documents that you brought earlier. This is necessary for the inspector to once again verify the data entered in the new passport.

When do you need to change your passport?

According to clause 7 of the Decree of the Government of the Russian Federation of July 8, 1997 No. 828 “On approval of the Regulations on the passport of a citizen of the Russian Federation”, the validity period of the passport is:

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

Thus, when a citizen reaches the age of 20 and 45, his passport must be replaced. For those undergoing military service by conscription, a different rule has been established - their passports are changed upon completion of military service.

Even if you have changed beyond recognition and do not look like the photo in your passport, no one can force him to change you

But what other cases are listed in Art. 12 of this resolution obliging us to replace the passport:

• change of surname, name, patronymic, change of information about the date or place of birth;
• gender change;
• the passport has become unusable due to wear or damage;
• inaccuracies, errors in passport entries;
• other cases established by the laws of the Russian Federation.

A set of documents for replacing an expired passport

To change an expired passport, you must submit to the FMS department a set of documents consisting of the following items:

1. Application for a replacement or receipt of a passport (the application form is submitted by employees of the Federal Migration Service or the MFC).

2. Photo size 3.5 by 4.5 mm (2 pieces).

3. Invalid passport.

4. Receipt or check for payment of state duty.

5. Military ID (if any).

6. Marriage certificate (if available).

7. Divorce certificate (if available).

8. Birth certificates of children (if they are minors).

9. Certificate of family composition.

10. House book or apartment map.

11. Identification code.

12. A document confirming the fact of registration (registration).

13. A document confirming that the delay in obtaining a passport was due to a valid reason.

14. Additional documents (for example, a document on a change of name, surname or patronymic, a medical report on a gender change, etc.).

Absolutely all documents are submitted in their original form.

Related articles:

• Compensation for holidays at Russian resorts in 2021
• How to fire an employee for absenteeism: step-by-step instructions for 2021
• Benefits for labor veterans for 2021
• Amount of daily payments in 2021: changes and latest news
• Who can receive free medicines in Russia in 2021?
• Obtaining a Russian passport for residents of Donbass in 2021
• Benefits for participants (veterans) of hostilities in Chechnya in 2021
• Who has what benefits when purchasing train tickets on long-distance trains in 2021?

Under what article is a fine for an expired passport levied?

On what basis do the valiant employees, called upon to protect law and order, charge us with such a duty? “And on the basis of Article 19.15 of the Administrative Code,” they answer. Let's read it together?

Open Article 19.15 of the Administrative Code. It is called “Residence of a citizen of the Russian Federation without an identification document of a citizen (passport).” Already interesting. The passport, although with changed data, is in our hands. We cannot live without a passport.

Read on:

• Article 19.15 of the Administrative Code, part 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 an identification document of a citizen (passport), without an identification document of a citizen (passport), or with an invalid identification document of a citizen (passport), entails the imposition of an administrative penalty a fine of 2 to 3 thousand rubles.
• Article 19.15 of the Administrative Code, part 2 . The same violation, but committed in a federal city of Moscow or St. Petersburg, is punishable by an administrative fine of 3 to 5 thousand rubles.

Who and when you can be fined under Article 19.15 of the Code of Administrative Offenses

If we carefully read the above-mentioned Article 19.15 of the Administrative Code, we can identify several conditions under which a penalty may be imposed on us:

1. An expired passport is considered invalid by law.
2. With an expired passport, we live at our place of residence or place of stay.
3. The place of residence or place of stay in which we lived with an invalid passport are residential premises.
4. In order to fine us correctly, it is necessary to establish exactly where we lived with an expired passport - in Moscow, St. Petersburg or in some other “non-federal” region.

Now that we have sorted everything out, we will also answer each question point by point.

Aggravating and mitigating circumstances

The amount of the fine for an expired passport in 2021 may be adjusted depending on a number of factors. The representative of the authorized body draws attention to the duration of the delay and the presence of accompanying circumstances. If a person quickly noticed the violations and contacted the authorized body, this may result in a reduction in the severity of the punishment. The list of mitigating circumstances is reflected in Article 4.2 of the Code of Administrative Offenses of the Russian Federation. The following factors can be considered as such:

1. The person who committed the violation repents of his crime.
2. The law was violated by a woman who is pregnant or raising a young child.
3. The person tried to assist in eliminating the consequences.
4. The violation was committed due to a difficult life situation.
5. The person independently applied to the authorized body, is ready to comply with the law and pay a fine.

The law allows representatives of authorized bodies to meet the violator halfway and not impose a fine. However, in practice, penalties are still applied if there are no mitigating circumstances.

Additionally, Article 4.3 of the Code of Administrative Offenses of the Russian Federation is taken into account. It lists aggravating circumstances, which include:

1. The culprit was drunk.
2. A similar violation was committed twice.
3. A minor or a group of persons was involved in the violation.

The first and third points do not apply to the passport replacement procedure. Only repeated violations can increase the severity of punishment. In this situation, the highest amount of monetary penalty is established. For residents of the regions the amount will be 3,000 rubles. If we are talking about Moscow and St. Petersburg, the amount of the penalty will increase to 5,000 rubles.

Is an expired passport invalid?

Here is what the law says about this: clause 15 of the “Passport Regulations” establishes that we need to submit documents to replace a passport no later than 30 days after the occurrence of the circumstances that constitute the basis for its replacement (we listed them above). Moreover, neither this nor any other law states that an expired passport is invalid.

However, the legislative gap in this issue has been filled for a long time: according to Decree of the President of the Russian Federation dated March 13, 1997 No. 232 and “Answers to questions for the 4th quarter of 2005”, approved by the Resolution of the Presidium of the Armed Forces of the Russian Federation dated March 1, 2006, an expired passport cannot verify the citizen's identity.

Thus, the answer to our first question will most likely be in the affirmative: yes, an expired passport (one that is not returned for exchange on time) is invalid.

Residence at the place of residence or stay with an invalid passport

So, as we have just established, an expired passport is invalid. But how can the employee you came to see at the migration service department be able to prove that you lived with him in the places indicated in Art. 19.15 Code of Administrative Offences? No way.

Freedom of movement has not yet been abolished: the legislation of the Russian Federation does not limit it. For example, you could have been living abroad all this time.

At the same time, according to clause 3 of Art. 1.5 of the Administrative Code, you are not required to explain where you lived the entire time your passport was invalid. The statement “I did not live from such-and-such to such-and-such a date either at my place of residence or at my place of stay in a residential area” is sufficient. Or add “I’ve been to different places, I’ve traveled.” And you don’t have to explain who you lived with and where you traveled.

Living in residential premises with an invalid passport

Here the situation is the same as in the previous case. It is impossible to prove that you were in a residential area with an expired passport in your hands without finding you there. You can say, for example, “I lived in the country.” A dacha that is unsuitable for year-round use is not a residential premises.

At the same time, you again are not obliged to explain at whose dacha you lived and at what address. It is the migration service officer who is required to prove that you lived in the residential premises. Consequently, our third point makes the imposition of a fine unlawful.

How is the protocol filled out based on the data of an invalid passport?

The next funny situation arises when they draw up an administrative violation report against you for delaying the exchange of your passport (and it will be mandatory to draw it up if you voluntarily refuse to pay the fine).

Imagine you have an invalid passport in your hands (you don’t need to show other documents to the migration service officer). Such a document, as we have already found out, cannot verify your identity. However, the employee will enter the data from this passport into the protocol. Either the passport is transformed into a valid one at the moment of filling out the protocol, or there is some other otherworldly trick here - no one has figured it out yet.

At this stage, you can discuss with the employee, calling him to reason and logic: “If you enter the details of my old passport into the protocol, does that mean it verifies my identity and continues to perform its functions? And if it doesn’t certify, then why are you entering this information into the protocol?”

Appealing a decision for late passport exchange

There are two options here - filing a complaint with a higher authority or in court. The first, as you probably understand, will most likely be unproductive. Therefore, it is better to go straight to court.

It is important not to miss the deadline here - according to Art. 30.3 of the Administrative Code, you must file a complaint with the court within 10 days from the date of delivery of a copy of the decision to you. A complaint is filed with the district court at the location of the migration service department, whose employees issued the report to you.

The complaint will look something like this:

We file a complaint and wait for the judge's decision.

Responsibility for untimely replacement of a passport: penalties

If a citizen does not submit replacement documents within 10 days, he will be required to pay a fine for an expired passport. Read on to find out what fines are provided for untimely replacement of your passport, where to go if you missed the deadlines, and whether it is possible to avoid liability for non-receipt.

What to do if your passport is expired

To exchange an expired document, contact the Department dealing with migration issues at the Ministry of Internal Affairs. Take the application drawn up in Form 1P. Other documents to receive:

• marriage or divorce certificate;
• house book or registration certificate.

You also need two photos. Submit an application with papers through State Services, MFC, directly to the Department of Internal Affairs of the Ministry of Internal Affairs. A fine for a passport is issued to the Department of Internal Affairs of the Ministry of Internal Affairs upon application. When you pay according to the receipt, contact the inspector. The replacement deadlines are standard, but a passport with a delay will cost more.

Aggravating and mitigating circumstances

There are extenuating circumstances that require mitigation of liability up to the complete cancellation of the fine. These include:

• re-registration during pregnancy, immediately after childbirth;
• violation of deadlines by a minor;
• recognition by a citizen of his guilt and surrender;
• violation of deadlines due to objective factors.

If the passport is not renewed in a timely manner by a woman whose pregnancy is proceeding with serious complications, the fine for an expired passport is canceled when changing the surname. The punishment changes to verbal punishment.

Aggravating circumstances:

• the substitution was not carried out by a minor because adults prevented him from doing so;
• the delay is repeated;
• a group of people did not re-issue the document in a timely manner, and there was a conspiracy.

Also included are deadlines that were missed as a result of alcohol abuse (binge drinking).

Amount and procedure for paying the fine

The fines for an expired passport at 45 years and 20 years are the same - residents of St. Petersburg and Moscow will pay from 3,000 to 5,000 thousand rubles for violating the terms, residents of the regions - from 2,000 to 3,000 rubles. Always count 30 calendar days from the date of the proposed replacement - on the 31st day you will already have to pay a fine. After a violation, the law gives 60 days to settle obligations. Do not ignore the requirement in order not to receive double sanctions - 50 hours of correctional labor, restrictions on traveling abroad, arrest for 15 days.

Methods of paying a fine

We have indicated the amount of the fine for an expired passport above; we will consider the available payment methods:

• at the cash desk of any bank using a receipt;
• through a self-service terminal (see the nearest addresses on the map);
• online through your bank’s personal account (the option is not available on the State Services website, use regular Internet banking).

Please note that fees may apply. Take them into account to pay the fine in full.

What are the consequences of delaying payment of a fine?

If the specified amount is not paid within 60 days, the penalties will be increased. The violator can wait until the fine for overstaying is doubled or he will be arrested for 15 days or be subjected to correctional labor for 50 hours.

How to avoid paying late fees

Responsibility for untimely replacement of a passport at 20 years old, 45 years old, upon marriage and change of surname is provided in case of violation of the deadlines. To avoid this, submit documents and make changes on time. If deadlines are missed, you will have to pay. The exception is cases in which the law exempts from paying sanctions.

Cases of complete exemption from fines

You will have to pay the receipt issued by the inspector, but there are mitigating circumstances that will partially or completely cancel the fine and allow you to avoid it. This is according to the Administrative Code:

• violation of deadlines by a pregnant woman, a mother with an infant, or a minor;
• confession about violation of the validity period of the document;
• difficult life circumstances (serious injury with confirmation of treatment through insurance, death of a loved one, etc.).

Cancellation of the fine is possible in extreme cases - for example, a woman whose pregnancy is experiencing serious complications has not made payment. In this case, you can change the document at any time without sanctions.

Where to complain if you are denied a passport exchange?

If you are faced with the fact that you are not only charged with a fine for late exchange of your passport, but also do not accept documents for a new passport until you bring a paid receipt (or do not put a certain amount in the employee’s pocket), proceed as follows:

• We insist on drawing up a protocol, we receive a copy of the protocol and the decision on the administrative case in our hands.
• We are challenging the above documents in court.
• We are filing a complaint against a migration service employee with the Prosecutor's Office - you will find the contacts of this body in this article.

So, there is no penalty for an expired passport. There is a fine under Art. 19.15 of the Code of Administrative Offenses for the residence of a citizen of the Russian Federation without a valid passport at his place of residence or stay in a residential area. However, in order to apply punishment under this article, the persons drawing up the protocol must have irrefutable evidence that you lived with an expired passport at your place of residence or stay in a residential building on the territory of the Russian Federation.

At the same time, remember that you yourself are not obliged to explain where you have lived all this time.

Deadlines and procedure for replacing a passport

Upon reaching 20 or 45 years of age, a person must apply for a replacement within the next 30 days. During this time, you will need to prepare documents and send them to the Ministry of Internal Affairs of the Russian Federation - in person or through the government services portal.

To receive the service, a citizen must prepare the following package of documents:

• statement;
• current passport;
• two photos;
• a receipt establishing payment of the state duty (its amount is 300 rubles);
• additional documents required for marking (marriage/divorce certificates, birth certificates of children, military registration documents).

The application will require the following information:

• information about the applicant: full name, date of birth, gender, place of birth;
• information about marital status, date of marriage;
• Full name of parents;
• place of actual residence;
• contact information (mobile phone, e-mail);
• reason for replacement (for example, reaching 45 years of age);
• details of the current passport;
• additional information – change of surname, documents supporting the change.

statements can be found below. You can fill it out on the computer or by hand. Unofficial abbreviations, erasures and adjustments are prohibited. The text must be legible and clear.

Photographs are taken as of the date of the applicant’s application in black and white or color format 35x45 mm. Hats are prohibited, glasses are allowed if a person wears them due to vision problems.

You can pay the receipt in the following ways:

• through the public services portal if you have a verified account;
• through a bank terminal;
• by Russian Post (you must have a receipt with you);
• through Sberbank Online.

Attention! If the state fee is paid through the government services portal, then the user has a discount - the amount will be 210 rubles instead of the standard 300.

After 10 days from the date of application, you can go to the territorial department of the migration department of the Ministry of Internal Affairs of the Russian Federation for a ready-made passport. Only the owner has the right to receive the document in person - it will not be possible to use the services of a trusted person.

If a person receives an invitation to pick up a passport, but does not come within 30 days, then the application to change the document is cancelled. The citizen will have to contact the authorized bodies again and wait for the timing of the service. In this case, there is a risk of exceeding the deadlines established by law and receiving a fine.