Fine for untimely change of passport after marriage (delay) - in 2021

Procedure for replacing a passport

According to the law, the replacement is carried out by the department of the Ministry of Internal Affairs of the Russian Federation.

Required documents

In order to receive a new document, the applicant must prepare the following list:

• old Russian passport;
• application (form 1P);
• certificate from the registry office confirming a change of name;
• photographs (35×45 mm) – 2 pcs.;
• birth certificate;
• children's birth certificate;
• military ID;
• certificate of registration or extract from the house register;
• receipt of payment of state duty.

Where to contact

Applicants can contact directly the territorial department of the Ministry of Internal Affairs, as well as multifunctional ones.

If you submit an application through the State Services portal, you should remember that only the application and scanned documents are sent.

After reviewing the application, the applicant is invited to personally visit the competent department of the Ministry of Internal Affairs to provide the originals and a complete package of documents.

Cost and production time

According to the law, in 2021 this service is subject to a state duty of 300 rubles. Payment must be made strictly from the applicant.

Production times depend on the method of submitting documents.

When submitting documents to the Ministry of Internal Affairs department directly:

• 10 days – when submitted at the place of registration;
• 2 months – when applying at your place of residence.

When submitting through the multifunction center:

• 10 days – when submitted at the place of registration;
• 30 days – when submitted to any convenient MFC.

Through the State Services website, production takes 10 days.

Responsibility for delay

If, upon marriage or divorce, a citizen made a note in the registry office about his intention to change his last name, then from the moment he receives the certificate of marriage or divorce, he is obliged to apply for a replacement within 30 days.

How is the fine determined?

However, there are mitigating circumstances that can significantly reduce the amount of punishment or get rid of it altogether.

Expert opinion

Kuzmin Vasily Konstantinovich

Practicing lawyer with 6 years of experience. Specializes in the field of civil law. Extensive experience in protecting legal interests.

Along with them, there are also aggravating circumstances that can aggravate the applicant’s situation and affect the imposition of the maximum possible punishment.

Table 2. Circumstances that could affect the amount of punishment for delay

Is it possible to avoid punishment

If the official considers the offense committed to be of minor importance, he may release the applicant from punishment, significantly mitigate it, or issue a reprimand in the form of a warning.

In addition, it should be remembered that the statute of limitations for this case is 2 months. If employees of the Ministry of Internal Affairs discovered the fact of an offense after the specified time, they will not be able to apply punishment to the offender.

The procedure for changing a surname can be carried out by citizens in the presence of a number of circumstances, but regardless of them, they will need to change their passport and a number of other documents.

Moreover, changing a passport after making adjustments to personal data must be carried out by citizens within a certain period of time, strictly limited by various regulations, and violation of this requirement can lead to quite serious problems.

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In this regard, it is better to find out in advance what the fine for a passport when changing your last name is foreseen in 2021, and what needs to be done in order to avoid such a penalty.

Reasons for replacement

The reason for the replacement may be marriage or divorce with a subsequent change of surname, as well as a change of name at the citizen’s own request.

The basis for obtaining a new document is a certificate of marriage or divorce, as well as a change of name.

Important! When changing your last name, your passport must be replaced, since the irrelevant information it contains will automatically invalidate it.

A certain period of time is allotted for replacing a passport - 30 days, in case of non-compliance with which you can receive a fine for late replacement of a passport after marriage or divorce.

General provisions

A civil passport is a key document that confirms the identity of a citizen on the territory of any state. The document contains the following information about its owner:

• full name and date of birth of the citizen;
• the exact place of official registration of a citizen on the territory of Russia;
• information about the existence of a registered or divorced marriage;
• information about minor children.

At the request of the citizen, other data can also be entered into the passport, such as blood type and rhesus or TIN.

In accordance with Government Decree No. 828, published in 1997, any citizen of Russia must have a passport, since this document is key in the process of identifying the identity of any person.

Regulations

Table 1. Documents regulating the procedure for changing a passport

Fine for delay in obtaining a passport of 20 years

First, let's figure out what the concept of “expired passport” means.

According to the current regulations, a citizen is obliged to replace his passport upon reaching 20 and 45 years of age.

You may only face a fine for an expired passport if, within 30 days after you turn 20 or 45 years old, you do not submit the appropriate package of documents to the Migration Department of the Ministry of Internal Affairs (formerly FMS, hereinafter referred to as UMV).

But the deadline that we outlined above concerns only the submission of documents; It will take some more time to prepare the document itself:

• 10 days from the date of submission of documents if you contacted the Federal Migration Service at your place of residence;
• 2 months if you live in another area or region.

What to do if your passport is expired

If your passport is expired, you must contact the Migration Department of the Ministry of Internal Affairs. You should prepare:

• 2 photographs of the established format;
• application for replacement of a document (form 1P);
• marriage registration certificate;
• a receipt confirming payment of the state duty;
• house book/apartment card to confirm registration at a specific address.

In the Department of Internal Affairs of the Ministry of Internal Affairs, upon delay of an identity document, a resolution on an administrative offense is drawn up and a fine is imposed. You will need to go to the inspector with a receipt for repayment of the foreclosure.

Next, the replacement of the invalid document is carried out in the prescribed manner within 10 days (at the place of residence) or 1 month (with temporary registration or in the absence of it).

What happens if the fine remains unpaid?

Expert opinion

Kuzmin Vasily Konstantinovich

Practicing lawyer with 6 years of experience. Specializes in the field of civil law. Extensive experience in protecting legal interests.

The Code of Administrative Offenses gives exactly 60 days from the date of drawing up the protocol to pay the fine. If you do not pay your fine, Article 20.25 of the Code of Administrative Offenses may be applied, under which the defaulter risks receiving:

1. a fine in double the amount determined by the inspector in the protocol;
2. administrative arrest (up to 15 days);
3. compulsory work (yes 50 hours).

This means that one of the described consequences will be added to the amount of the fine for late passport replacement. Bailiffs, according to established rules, can execute this decision within 2 years. This threatens the blocking of personal accounts, seizure of property and even a travel ban.

When going to the FMS for a new passport, remember:

• After receiving the protocol, pay the fine within 60 days;
• If you want to reduce the amount of the fine, provide certificates confirming the validity of the reason;
• The FMS inspector does not have the right to refuse to issue you a new passport until you pay the fine.

• Author: Sergey
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A passport is the most fundamental document in a person’s social life. Not only is it the paper that identifies a person, but without it it is impossible to do a whole range of actions, from traveling to some types of banking services

. That is why for lack of a passport there is an administrative fine.

The first time such a document is issued is in adolescence, so it is necessary to replace it throughout your life as you grow older. And it is better not to delay such a procedure, because this can have tangible consequences.

How to avoid a fine for an expired passport?

Article 19.15 states: “If a citizen is required to have a passport, but lives without it or has an invalid document, then he may be subject to administrative punishment in the form of a fine.”

Let's start by determining who is required to have a Russian passport. These are all citizens living in the territory of the Russian Federation.

Next: which passport is considered invalid? A document in which marks were made that were not provided for by the “Regulations on the passport of a citizen of the Russian Federation.”

Fine for overstaying your passport: aggravating and mitigating circumstances.

The Code of Administrative Offenses itself (Article 4.2) provides for circumstances that can mitigate your guilt, or even get rid of a fine:

• the offense was committed by a pregnant woman (or having a young child);
• the offense was committed by a minor;
• the administrative offense was committed as a result of difficult life circumstances or strong emotional disturbance;
• if the person who committed the offense voluntarily fulfilled all the requirements of the law;
• offender's remorse;
• assistance of the offender to the internal affairs bodies in establishing the circumstances of the case, etc.

This list of mitigating circumstances is open, since, for example, a judge, when making a decision in a case of an administrative offense, may recognize other circumstances as mitigating.

Article 4.3 of the Code of Administrative Offenses also provides a list of aggravating circumstances, the presence of which may increase the amount of the fine for an expired passport:

• involvement of minors in committing an offense;
• commission of an offense by a group of persons;
• repeated commission of a similar offense;
• committing an offense while intoxicated or refusing to undergo an appropriate examination, etc.

When is a passport subject to mandatory replacement and what is the amount of the fine for late payment?

1. Passport of a citizen of the Russian Federation
2. Replacement of a passport of a citizen of the Russian Federation
3. Deadline for passport replacement
4. Amount of fine for expired passport
5. Conditions aggravating or mitigating guilt
6. Is it necessary to pay a fine?
7. Payment of the penalty
8. Punishment for an invalid passport in 2021

This type of document, which proves our identity, is usually called internal, since we use it only on the territory of Russia. A Russian passport contains such important information as information about marriage, the presence of children and the place of registration. But the foreign passport does not have this data. In Russia, everyone must receive their first identity document at age 14

, failure to comply with this clause will result in punishment. However, this does not mean that you should receive the document on your 14th birthday. Usually the state gives its citizens about a month to complete the procedure. In our country there is a punishment for citizens who live with an already invalid passport. It is used in cases where the period during which it was necessary to replace the passport has passed.

The amount of the fine does not change depending on the age at which you overdue the document. The fine is the same for 45 years and 20 years. It is also worth noting that the period for which you overstayed your passport also does not matter. You will pay the same amount for both the day of delay and for 3 years. Although, if the deadline within which you were supposed to replace the document is overdue by a small number of days (1-2 days), this will be taken into account when paying the fine. In some cases, a delay of a couple of days may go unpunished. The fine for failing to change your passport in a timely manner after you got married is the maximum possible under the Code of Administrative Offenses article for living without a passport. The fine for an invalid passport ranges from 2,000 to 3,000 rubles

, in all regions of the country, except our capital and St. Petersburg.
In these cities, the fine for an expired passport in 2021 is from 3 to 5 thousand rubles
(Article 19.15 of the Administrative Code).

Mitigating conditions

(in accordance with Part 1 of Article 4.2 of the Code of Administrative Offenses of the Russian Federation):

• The offense was committed by a minor;

• Pregnancy status;

• Repentance for what he has done;

• Stop this offence.

In addition, take into account:

• Voluntary confession of the said violation;

• Eliminate the violation before receiving a warning;

• Preventing the consequences that this act entailed;

• Compensation for damage caused.

Aggravating conditions

(in accordance with paragraph 1 of Article 4.3 of the Code of Administrative Offenses of the Russian Federation):

• Ignoring warnings and continuing the offense.

Complete exemption from paying fines for an expired passport

Do you think this is impossible?

We hasten to please you: Article 2.9 of the Code of Administrative Offenses provides that if the administrative offense committed is insignificant, the judge (or the relevant official) has the right to release the person from administrative liability and give him an oral reprimand.

And one more circumstance that is worth paying attention to: if the FMS authorities accepted your documents for issuing a new passport, and then suddenly discovered that you are overdue, then they will no longer be able to impose an administrative fine after 2 months, since it will pass the statute of limitations for bringing to administrative responsibility, provided for in Article 4.5 of the Code of Administrative Offences.

In this article, we will tell you how to replace a passport after marriage, if as a result of its registration there was a change in the surname, when and where to apply on this issue, as well as about administrative liability for untimely replacement.

Marriage in itself cannot serve as a basis for replacing a passport.

The need to replace a passport for a citizen of the Russian Federation occurs when, during marriage registration, the surname of the wife or husband changes.

According to the established tradition in Russia, the marriage of a woman most often entails a change in her surname.

Article 32 of the Family Code of the Russian Federation gives citizens entering into marriage the right to choose:

take the surname of one of them as a common surname;

everyone to remain in their premarital surname;

add the surname of the other spouse to your surname.

Moreover, the last option has 2 limitations:

unless otherwise provided by the laws of the constituent entities of the Russian Federation (region, territory, autonomous entity);

If the premarital surname of at least one of the spouses is double, then combining surnames is not allowed.

The need to replace a passport in connection with a citizen changing his last name in the prescribed manner (in our case, in connection with marriage) is indicated in paragraph 12 of the “Regulations on the passport of a citizen of the Russian Federation.”

Fine for late replacement of passport

Almost all the reasons seem rather vague, which gives the right to interpret them both positively and negatively. Therefore, for a citizen, a fine is also an accident, which determines which inspector he gets. There are also aggravating circumstances, for example, if the offender was notified of the violation, but he still refuses to replace the passport. Then the fine may be increased.

Usually, the FMS inspector decides exactly how much to pay when the citizen finally comes to replace his passport. That is, when you come to the passport office, you will not be able to get rid of the fine. The on-site inspector draws up a protocol indicating the amount. The fine may be reduced if there are the following reasons:

Remember that if you live in Russia with an invalid passport, you bear administrative responsibility, and it will become such exactly 30 days after the wedding if you do not change it in time. In Moscow and St. Petersburg, the penalty for such accommodation is 3000-5000 rubles, and in other cities – 2000-3000 rubles.

As already indicated, in 2015 the state duty when changing a passport by last name is 200 rubles. But Russian legislation also provides for a fine for untimely completion of all relevant procedures - from 1500 to 2500, depending on the circumstances (describe in detail in the next application).

Otherwise, the time frame may increase significantly. If you decide to exchange it in another city, then it can take 2 months to produce a new passport. But if you contact a multifunctional center (MFC), which is now available in all cities, then they will do it quickly, within the same 10-20 days.

1. The simplest and most common option is to contact the Federal Migration Service at your place of registration. And if you are on a business trip or on vacation, then you can contact the migration service department in this city. But as we said above, in this case the passport can be issued for 2 months. Calculate for yourself whether you will have time to get it before you leave this city. Take with you all the documents that we wrote about at the beginning of the article and give them along with the application to the FMS employee. If everything is filled out correctly, you will be told the date to come for a new passport.
2. The second option is to contact the MFC. You also need to take all the documents with you, but they will help you fill out the application on the spot. In general, it is much more pleasant to receive any documents at the MFC, since there is an electronic queue and you can sit on the couch and watch TV until you are called. In addition, paperwork is completed here much faster, since this is the main responsibility of the employees and they are not distracted by anything else. Another advantage is that through the MFC the passport is reissued very quickly, literally in 5-10 days.
3. The newest and fastest option is to fill out everything through the government services website. You don't even have to leave your home to fill out the application.

1. Within 10 days from the date of acceptance of the package of documents in situations where the passport is replaced at the place of residence (permanent registration);
2. Within 2 months from the date of acceptance of the package of documents in situations where the change of passport is not issued at the place of residence (at the place where the citizen is temporarily staying).

So, if at the time of marriage the surname of one of the spouses changes, then the passport of a citizen of the Russian Federation will have to be changed (and if there was a foreign passport, then that too). There is still a misconception among people that replacing a passport is a tedious and time-consuming procedure, but in fact this has not been the case for many years. It will take very little time to replace a passport when changing your last name, since bureaucratic barriers in Russia are becoming less and less every year. Today, the legislation of the Russian Federation has established clear regulations regarding the required package of documents, the timing of their provision and processing, as well as the time for issuing a new passport.

How soon after registering a marriage should you replace your passport?

In accordance with paragraph 15 of the above Regulations, documents and personal photographs to replace a passport must be submitted no later than 30 days after registration of marriage.

This period is established for all cases of obtaining or replacing a passport.

However, in this case there is a need to do this much faster.

This is due to the fact that the marriage registration stamp affixed by the civil registry office to the passport of the spouse who has changed his surname will indicate that he has been assigned a new surname.

In this regard, his passport under no circumstances can be accepted as an identity document.

We have detailed information about the consequences for an expired passport and whether there are valid reasons for missing the deadline for replacement here.

Validity of an expired passport

It should also be noted that if today the validity of a civil document has expired, and tomorrow its owner is stopped by a policeman and demands a passport, it is completely legal to present the expired document and it is not legal to detain a citizen due to an expired passport, but police officers are quite capable of recommending its replacement right. Another point is that with an expired passport, no bank will carry out transactions with accounts or issuing cards.

So, to fully understand your rights, you should know that with an expired passport:

• You can buy a ticket for an intercity bus, but not for a train or plane
• Buy alcoholic drinks
• Show it to the police officer as proof of your identity
• Show it to the doctor at the hospital
• Present upon employment, of course, stipulating that a new document will be presented soon

An expired passport can become an obstacle when:

• Conducting banking transactions
• Conducting real estate transactions
• Making purchases on credit or installments
• Buying train or plane tickets

What documents will be required

To replace your passport due to a change of surname when registering a marriage, you will need the following documents:

Application for issuance (replacement) of a passport in the established form (Form No. 1P), filled out by hand or typewritten.

The application indicates the new surname assigned during marriage registration.

Forms and applications for the issuance (replacement) of a passport, samples of their completion, as well as step-by-step instructions for filling out the application, you can see here.

We attach a sample of filling out an application in connection with marriage to this article.

Passport to be replaced.

Two personal photographs measuring 35x45 mm that meet the established requirements.

If you need to obtain a temporary identity card while you are issuing a new passport, you must submit 3 photographs.

Receipt of payment of state duty in the amount of 300 rubles or details of this receipt.

You can also pay the receipt through “Sberbank online” (“Transfers and payments” - “Payment for purchases and services” (in your region) - “State traffic police, taxes, duties, budget payments" - “Ministry of Internal Affairs” - “State Directorate for Migration Issues” (according to your region)". Select)

You will find a complete overview of useful services that will allow you to pay state fees quickly and without commission in this article.

Marriage registration certificate , which is a document confirming the basis for replacing the passport.

Documents required for stamping your passport:

military registration documents (if there is an appropriate basis).

birth certificates of children - citizens of the Russian Federation under 14 years of age (if available).

Where to go

Currently, there are 3 ways to apply for a passport replacement in connection with marriage:

Direct contact to the migration department on the established days and hours of reception of citizens.

Monday – from 9.00 to 15.00 (if it is not a day off)

Tuesday – from 15.00 to 20.00

Wednesday – from 9.00 to 13.00

Thursday – from 15.00 to 20.00

Friday – from 9.00 to 15.00

Saturday – from 8.00 to 13.00 (if it is not a day off)

Depending on the circumstances, you can apply either to the unit in whose service territory you are registered at your place of residence or place of stay, or to the unit in whose territory you live but do not have any registration (at the place of application).

When making a decision to apply to one or another unit, it is necessary to keep in mind the deadlines for obtaining a passport: at the place of residence, at the place of stay and at the place of application.

We will tell you about the deadlines for obtaining a passport below.

Submission of documents for passport registration to officials of multifunctional centers for the provision of government (multifunctional) services (MFC), who within 3 days transfer the accepted documents, application and personal photographs to the migration department for passport registration.

It should be taken into account that documents for replacing a passport from citizens can be accepted by employees of multifunctional centers no later than 30 days after changing the surname when registering a marriage.

An application for a replacement passport and a personal photograph of the applicant can be submitted by the citizen in the form of an electronic document.

On the unified portal of state and municipal services:

On the website of guvm.mvd.rf:

Regardless of the method of submitting documents, the issued passport will be issued by employees of the migration department.

How long does it take to issue a new passport?

Expert opinion

Kuzmin Vasily Konstantinovich

Practicing lawyer with 6 years of experience. Specializes in the field of civil law. Extensive experience in protecting legal interests.

The period for issuing a new passport when replacing it due to marriage depends on which migration department is issuing this passport:

The migration department in whose service territory the applicant permanently resides and is registered at the place of residence issues a passport within 10 days from the date of acceptance of the documents.

The migration department not at the applicant’s place of residence (at the place of stay, at the place of application) issues a new passport within 30 days .

During the period of registration of a new passport, the applicant, at his request, may be issued a temporary identity card of a citizen of the Russian Federation.

If the procedure for issuing a new passport is delayed, you can file a complaint through the website of the Ministry of Internal Affairs of the Russian Federation (find out how to do this).

Fine for late replacement of passport

If a Russian citizen who got married and therefore changed his last name does not apply in a timely manner, that is, within 30 days, to replace his passport, then he may be brought to administrative liability under Article 19.15 of the Code of Administrative Offenses of the Russian Federation.

For living with an invalid passport, this article provides for administrative liability in the form of a fine in the amount of two to three thousand rubles .

The same violation committed in the federal cities of Moscow or St. Petersburg entails a fine of three to five thousand rubles .

A fine for an expired passport is a very unpleasant moment, so we have prepared material that will help you avoid the unpleasant moments associated with being held administratively liable and paying a fine for a lately replaced passport (you can read it here).

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Feedback

The materials posted on our website have been prepared in accordance with current legislation regulating the issues of registration and issuance of identity documents for Russian citizens in the country and abroad.

Recently, changes have been made to these legal norms that significantly simplify the procedure for processing these documents. As practice shows, not only citizens are unaware of these changes, but, unfortunately, also some officials whose responsibilities include the provision of public services and the application of current legal norms.

A person who needs to obtain an internal or foreign passport has to overcome bureaucratic barriers erected by officials, which give rise to a lot of problems and significantly complicate the process of obtaining documents, and in some cases completely exclude the possibility of obtaining them.

After reading the materials on our website, you will be able to assert your rights and avoid cases of violation of the law when preparing your documents.

If a problem arises for which you did not find a solution in the materials on our website, you can ask our lawyers directly on the website or call the numbers provided.

You will receive an answer from a specialist who will help you, based on the norms of the law, effectively solve even problems that are insoluble, from the point of view of officials.

A passport is the main document that proves a person’s identity. Without a passport, a person will not be able to travel, conduct banking business, arrange his personal life, etc. That is why the data in the document must always be up to date.

Changes in life circumstances or simply the passage of time require periodic updating of the passport photo. In accordance with the legislation of the Russian Federation, the conditions after the occurrence of which it is necessary to change the passport are strictly limited:

• after reaching 20 or 45 years of age;
• change of name;
• damage to the document or natural wear and tear;
• wrong data;
• radical change in appearance;
• gender change;
• marriage.

Deadlines for re-registration of the document and amount of recovery

Expert opinion

Kuzmin Vasily Konstantinovich

Practicing lawyer with 6 years of experience. Specializes in the field of civil law. Extensive experience in protecting legal interests.

In accordance with the current legislation of the Russian Federation, a woman is given 30 days from the date of marriage registration to replace her passport when changing her last name. For late replacement, a fine will be imposed, which must be paid within 2 months.

The final amount of the fine can only be determined by a passport office specialist who accepts documents for passport re-issuance. The amount is affected by the period of delay and the presence of possible mitigating circumstances. The minimum fine may be applied in cases where:

• the woman did not have time to replace her passport due to pregnancy;
• the birth of the child coincided with the deadline for replacing the passport;
• a woman has an infant;
• any tragic circumstances have occurred;
• a person voluntarily applied for a replacement document.

Responsibility and amounts

There are also situations when a person simply does not invest in 30 days. This is especially true in the case of a wedding, when only the honeymoon can take up such a period

. And what to do in such a situation, and what will be the responsibility in this case? First of all, you face a fine. Its size can range from 1500 to 2500 rubles.

Usually, the FMS inspector decides exactly how much to pay when the citizen finally comes to replace his passport. That is, when you come to the passport office, you will not be able to get rid of the fine. The on-site inspector draws up a protocol indicating the amount

. The fine may be reduced if there are the following reasons:

• difficult family circumstances (death of a close relative, spouse);
• pregnancy, childbirth or a small child being raised;
• voluntary visit to the passport office to replace your passport;
• other individual circumstances.

Almost all the reasons seem rather vague, which gives the right to interpret them both positively and negatively. Therefore, for a citizen, a fine is also an accident, which determines which inspector he gets

. There are also aggravating circumstances, for example, if the offender was notified of the violation, but he still refuses to replace the passport. Then the fine may be increased.