This draft law was submitted for consideration back in 2021, and was intended, according to the explanatory note, to establish the legislative grounds for the invalidity of the main documents proving the identity of Russian citizens outside Russia, as well as the procedure for invalidating the document. Previously, such grounds were not established by law. Also, as follows from the explanatory note, "the adoption of the law will eliminate legal uncertainty due to the absence at the legislative level of grounds for the invalidity of a passport, which will remove corruption risks and exclude the possibility of abuse by officials."
So, according to the new law, a passport will be considered invalid if:
- loss of passport
- changes by the owner of the passport in the prescribed manner of the last name, first name, patronymic, information about the date or place of birth, change of sex
- expiration of passport
- death of the passport holder
- not handing over without good reason a passport by a citizen of Russia, whose right to exit from the country is limited, for storage in an authorized body or organization (including in the case of a citizen being called up for military or alternative service)
- termination of Russian citizenship of the passport holder
- cancellation of the decision on the acquisition of a passport by the owner
- establishing the absence of the Russian citizenship of the passport holder based on the results of the inspection
- if it was established that the passport was issued on the basis of invalid documents, false information or on a fake form
- establishing by the authorities that issued the passport, as well as by the border authorities of the FSB, the presence of inaccurate information in the passport
- establishing the fact of unsuitability of the passport
- non-receipt of a passport by the owner after three years from the date of its issuance (diplomatic or official - after one year)
When these circumstances are established, the passport is confiscated by the state body that issued the passport, as well as by the border agencies of the FSB, and sent to the state body that issued the passport. Also, the passport will be confiscated if the fact of presenting a passport belonging to another person.
The procedure and terms for such confiscation and handing over will be established by the Government of Russia (that is, in order for these provisions of the law to start working, after the adoption of the law, one should wait for the relevant government order).
If the state body that issued the passport receives information that the passport was issued on counterfeit (forged) or invalid documents, on the basis of false information or on a fake form, the inspection should be carried out.
The law also establishes the procedure for handing over a passport for storage to the authorized bodies in case of restrictions on exit from the country.
In this case, the state authority or organization that made the decision to restrict the right of a citizen to eit from the country must issue a notice to this citizen or his legal representative, which must indicate the reason and term for the restriction of exit, the date and registration number of the decision to restrict, the full name and the address of the body or organization that made such a decision, and familiarize the citizen with this notification against signature.
Within 5 working days from the date of receipt by the citizen of the notification against signature, the passport must be deposited with the authority that issued the passport and kept there until the expiration of the temporary restriction or the expiration of the passport itself.
Diplomatic or service passports will also be invalidated if their holders do not return the documents within five days after returning from a business trip.
The law also establishes the maintenance of a federal record of invalid passports.
However, although the adoption of the law, according to its authors, is aimed at streamlining the process of confiscation invalid passports and eliminating abuse, it does not change the responsibility of officials for its illegal confiscation. According to the current wording of Art. 19.17 of the Code of Administrative Offenses of Russia for the illegal seizure of a passport from Russians, officials can be fined from 100 to 300 rubles.
For more information, please contact the consultants of the Confidence Group company.
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