ORDER OF THE MINISTRY OF FOREIGN AFFAIRS OF THE RUSSIAN FEDERATION

of September 3, 2008 No. 13579

About approval of Administrative regulations of execution of the state function on state registration of acts of civil status of the citizens of the Russian Federation living outside the territory of the Russian Federation

List of amending documents

According to the order of the Government of the Russian Federation of November 11, 2005 N 679 "About procedure for development and approval of administrative regulations of execution of the state functions (provision of the state services)" (The Russian Federation Code, 2005, N 47, Art. 4933; 2007, N 50, Art. 6285; 2008, N 18, 2063) I order to the Art.:

1. Approve the enclosed Administrative regulations of execution of the state function on state registration of acts of civil status of the citizens of the Russian Federation living outside the territory of the Russian Federation.

2. To impose control of execution of this order on the First Deputy Minister A. I. Denisov.

 

The Russian Foreign Ministry of September 3, 2008 No. 13579 is approved by the order

Administrative regulations of execution of the state function on state registration of acts of civil status of the citizens of the Russian Federation living outside the territory of the Russian Federation

I. General provisions

1. The administrative regulations of execution of the state function on state registration of acts of civil status of the citizens of the Russian Federation living outside the territory of the Russian Federation (further - Administrative regulations), are developed for the purpose of improvement of quality of execution and availability of the state function, creating favorable conditions for receivers of the state function, determine terms and the sequence of actions (ministerial procedures) when implementing powers by execution of the state function on state registration of acts of civil status of the citizens of the Russian Federation living outside the territory of the Russian Federation (further - the state function).

2. The state function in the territory of foreign states is performed by consular establishments of the Russian Federation. According to article 2 of the Consular charter of the USSR approved by the Decree of Presidium of the Supreme Council of the USSR of June 25, 1976. "About approval of the Consular charter of the USSR" (Sheets of the Supreme Council of the USSR, 1976, N 27, Art. 404), consular establishments are: consular departments of diplomatic representations of the Russian Federation, consulate generals, consulates, vice-consulates and consular agencies (daleezagranuchrezhdeniye).

3. The state function includes:

- state registration of the birth, marriage, annulment of marriage, adoption (adoption), paternity proof, change of name and death;

- decision making according to petitions from citizens of the Russian Federation, constantly living outside the territory of the Russian Federation, foreign citizens and the stateless persons about introduction of corrections and changes in civil registration constituted in the territory of the Russian Federation;

- the introduction of corrections and changes in civil registration which are stored in foreign institution;

- issue based on the civil registrations of repeated certificates on state registration of acts of civil status and other acts of civil status of documents confirming the facts of state registration which are stored in foreign institution;

- accomplishment of other powers connected with state registration of acts of civil status and provided by the Federal constitutional Laws, the Federal Laws.

4. In the course of execution of the state function of foreign institution interact with bodies the REGISTRY OFFICE of the executive authority of subjects of the Russian Federation.

5. Execution of the state function is performed according to:

The Federal Law of November 15, 1997 N 143-FZ "About acts of civil status" (further - the Law) (The Russian Federation Code, 1997, N 47, Art. 5340; 2001, N 44, Art. 4149; 2002, N 18, Art. 1724; 2003, N 17, Art. 1553; N 28, of Art. 2889; N 50, of Art. 4855; 2004, N 35, Art. 3607; 2005, N 1 (1 h), Art. 25; 2006, N 1, Art. 10; N 31 (1 h), Art. 3420);

The civil code of the Russian Federation (part one) of November 30, 1994 N 51-FZ (The Russian Federation Code, 1994, N 32, Art. 3301; 1996, N 9, Art. 773; N 34, of Art. 4026; 1999, N 28, Art. 3471; 2001, N 17, Art. 1644; N 21, of Art. 2063; 2002, N 12, Art. 1093; N 48, of the Art. 4746, 4737; 2003, N 2, Art. 167; N 52 (1 h), Art. 5034; 2004, N 27, Art. 2711; N 31, of Art. 3233; 2005, N 1 (1 h), Art. 18, 39, 43; N 27, of Art. 2722; N 30 (2 h), Art. 3120; 2006, N 2, Art. 171; N 3, of Art. 282; N 23, of Art. 2380; N 27, of Art. 2881; N 31 (1 h), Art. 3437; N 45, of Art. 4627; N 50, of Art. 5279; N 52 (1 h), Art. 5497, 5498; 2007, N 1 (1 h), Art. 21; N 7, of Art. 834; N 27, of Art. 3213; N 31, of Art. 3993; N 41, of Art. 4845; N 49, of Art. 6079; N 50, of the Art. 6246);

The code of civil procedure of November 14, 2002 N 138-FZ (The Russian Federation Code, 2002, N 46, Art. 4532; 2003, N 27 (1 h), Art. 2700; N 30, of Art. 3101; 2004, N 5, Art. 403; N 9, of Art. 831; N 24, of Art. 2335; N 31, of Art. 3230; N 45, of Art. 4377; 2005, N 1 (1 h), Art. 20; N 30 (1 h), Art. 3104; 2006, N 1, Art. 8; N 3, of Art. 337; N 45, of Art. 4738; N 50, of Art. 5303; 2007, N 30, Art. 3988; N 31, of Art. 4011; N 41, of Art. 4845; N 43, of Art. 5084; N 50, of the Art. 6243);

The family code of the Russian Federation of December 29, 1995 N 223-FZ (The Russian Federation Code, 1996, N 1, Art. 16; 1997, N 46, Art. 5243; 1998, N 26, Art. 3014; 2000, N 2, Art. 153; 2004, N 35, Art. 3607; 2005, N 1 (1 h), Art. 11; 2006, N 23, Art. 2378; N 52 (1 h), Art. 5497; 2007, N 1 (1 h), Art. 21; N 30, of the Art. 3808);

Decree of Presidium of the Supreme Council of the USSR of June 25, 1976. "About approval of the Consular charter of the USSR" (Sheets of the Supreme Council of the USSR, 1976, N 27, the Art. 404);

The presidential decree of the Russian Federation of November 5, 1998 N 1330 "About approval of the Regulations on Consular establishment of the Russian Federation" (The Russian Federation Code, 1998, N 45, Art. 5509; 2009, N 1, Art. 91);

The presidential decree of the Russian Federation of October 28, 1996 N 1497 "About approval of the Regulations on Embassy of the Russian Federation" (The Russian Federation Code, 1996, N 45, the Art. 5090);

The presidential decree of the Russian Federation of December 21, 1996 N 1752 "About the main identity documents of the citizen of the Russian Federation outside the Russian Federation" (The Russian Federation Code, 1996, N 52, the Art. 5914);

the order of the Government of the Russian Federation of April 17, 1999 N 432 "About approval of rules of filling of forms of civil registrations and forms of certificates on state registration of acts of civil status", (further - rules of filling of the REGISTRY OFFICES forms), (The Russian Federation Code, 1999, N 17, Art. 2149; 2006, N 7, Art. 776);

the order of the Government of the Russian Federation of July 6, 1998 N 709 "About measures for implementation of the Federal Law "About Acts of Civil Status", (The Russian Federation Code, 1998, N 28, Art. 3359; N 45, of Art. 5522; 2006, N 7, Art. 776);

the order of the Government of the Russian Federation of October 31, 1998 N 1274 "About approval of blank forms of statements for state registration of the acts of civil status, references and other documents confirming state registration of acts of civil status" (The Russian Federation Code, 1998, N 45, Art. 5522; 2006, N 7, Art. 776);

the order of the Ministry of Justice of the Russian Federation of December 30, 1998 N 194 "About approval of samples of forms of civil registrations" (according to the conclusion of the Ministry of Justice of the Russian Federation of 28.12.1998 does not require state registration);

The order of the Ministry of Foreign Affairs of the Russian Federation of February 4, 2009 N 1145 "About approval of the Rate of the consular fees of the Russian Federation levied outside the territory of the Russian Federation" (it is registered by the Ministry of Justice of the Russian Federation on March 13, 2009, registration N 13508);

international treaties of the Russian Federation.

6. Resulting effect of execution of the state function is issue of the certificate on state registration of the act of civil status, repeated certificate on state registration of the acts of civil status and other documents confirming the facts of state registration of acts of civil status.

7. Receivers of the state function are the citizens of the Russian Federation living outside the Russian Federation, and also foreign citizens and stateless persons, in case of their address concerning decision making about introduction of corrections and changes in civil registration, constituted in the territory of the Russian Federation (further - applicants).

8. The official of foreign institution has no right to make state registration of acts of civil status concerning itself, the spouse, his and relatives (parents, children, grandsons, grandfathers, grandmothers, brothers and sisters). State registration of acts of civil status in such cases is made by other official of foreign institution.

II. Requirements to procedure for execution of the state function

Procedure for informing on rules of execution of the state function

9. Information on the foreign institutions (with indication of their addresses, contact telephone numbers and the official sites) performing the state function is provided on the official site the MFA of Russia of www.mid.ru in the Section "Diplomatic and Consular Representations of Russia Abroad".

10. Information on questions of execution of the state function can be provided to applicants:

by phone;

according to the written address;

in case of the personal appeal of citizens to foreign institutions;

on the official sites MFA of Russia and foreign institutions.

11. By phone officials of foreign institution provide exhaustive information on questions of applicants concerning execution of the state function. Phone conversation shall not continue more than 10 minutes.

12. According to written addresses concerning execution of the state function the answer goes within 30 calendar days from the date of registration of the address, by mail to the applicant.

13. Reception of citizens is performed by officials of foreign institutions. In case of personal acceptance consultation time, as a rule, shall not exceed 20 minutes.

The applicants staying on the consular registry in foreign institutions address, as a rule, directly to this foreign institution in adoptive state or in the nearest foreign institution in the territory of the state of stay.

The applicants who are not staying on the consular registry in foreign institutions address to the nearest foreign institution in adoptive state.

14. On the official site the MFA of Russia of www.mid.ru information on order of registration of acts of civil status by foreign institutions is posted in the section "Consular Questions" in the subsection "The Consular Functions Which Are Carried Out by Diplomatic Representations and Consular Establishments of Russia Abroad" in the "Consideration by the Consul of Questions of Civil Registration" folder. Similar information can be also posted on the official sites of foreign institutions.

15. At information stands or in premises of foreign institutions where reception of citizens is performed, information on execution of the state function, including on procedure for execution of the state function, the list of necessary documents, and also on the size of the consular fee and collection on account of compensation of the actual expenses levied for execution of the state function and payment method is placed.

 

Completion dates of the state function

16. State registration of the birth is made in day of submission to foreign institution of all documents processed properly, stipulated in Item 31 Administrative regulations.

17. State registration of marriage are made after month from the date of submission to foreign institution of all properly processed documents, stipulated in Item 32 Administrative regulations.

According to the joint statement of persons marrying the term specified in Item 17 of these Administrative regulations can be changed by the head of foreign institution in the presence of reasonable excuses. Term can be reduced (scrap consists to the expiration of month), and also is increased, but no more than for month. In the presence of special circumstances (pregnancy, the birth of the child, direct threat of life of one of the parties and other special circumstances) it can be got married in day of filing of application.

18. State registration of annulment of marriage by mutual consent of the spouses who do not have the general children who did not reach age of majority are made in the presence of at least one of spouses after month from the date of giving by spouses in foreign institution of the joint statement (statements) for annulment of marriage.

State registration of annulment of marriage according to the statement of one of spouses is made at its presence after month from the date of submission to foreign institution of all documents processed properly, stipulated in Item 33 Administrative regulations.

State registration of annulment of marriage based on the judgment about annulment of marriage is made in day of the appeal of the applicant to foreign institution on condition of submission of all documents processed properly, stipulated in Item 33 Administrative regulations. If the documents submitted by the applicant require conducting additional check, completion date of the state function shall not exceed 10 days.

19. State registration of adoption (adoption) is made in day of the appeal of the applicant to foreign institution on condition of submission of all documents processed properly, stipulated in Item 34 Administrative regulations. If the documents submitted by the applicant require conducting additional check, completion date of the state function shall not exceed 10 days.

20. State registration of paternity proof is made in day of the appeal of the applicant to foreign institution on condition of submission of all documents processed properly, stipulated in Item 35 Administrative regulations. If the documents submitted by the applicant require conducting additional check, completion date of the state function shall not exceed 10 days.

21. The application for change of name shall be considered from the date of its giving in a month. In the presence of reasonable excuses (non receipt of copies of civil registrations to which it is necessary to make changes and others) the term of consideration can be increased by the head of foreign institution, but no more than for 2 months.

If civil registrations to which it is necessary to make changes in connection with change of name are lost, state registration of change of name is made only after recovery of records according to the procedure, established by the Law for recovery of civil registrations.

If in the documents and the arrived copies of civil registrations submitted along with the statement for change of name there are discrepancies of data, such discrepancies shall be eliminated according to the procedure, established by the Law for introduction of corrections and changes in civil registration.

In case of need recoveries or changes of record of the act of civil status the term established for consideration of the application about change of name stops to the solution of question of recovery or on correction or change of record of the act of civil status.

22. State registration of death is made in day of submission by the applicant to foreign institution of the statement for death and submissions of all documents processed properly, stipulated in Item 37 Administrative regulations.

23. The statement for entering of correction or change into the record of the act of civil status which is stored in foreign institution shall be considered from the date of receipt of the statement in a month. In the presence of reasonable excuses (non receipt of copies of civil registrations to which it is necessary to make changes and others) the term of consideration of the application can be increased no more than for two months by the head of foreign institution.

24. The decision on introduction of corrections and changes in civil registration, constituted in the territory of the Russian Federation, according to petitions from citizens of the Russian Federation, constantly living outside the territory of the Russian Federation, foreign citizens and stateless persons is accepted in day of receipt of the copy of the record of the act of civil status which is subject to correction or change.

25. The repeated certificate on state registration of the act of civil status, the certificate of state registration of the act of civil status and other documents confirming the facts of state registration of acts of civil status are issued based on the civil registrations which are in foreign institution stored in day of the address if the applicant addressed to foreign institution personally.

The repeated certificate on state registration of the act of civil status, the certificate of state registration of the act of civil status and other documents confirming the facts of state registration of acts of civil status are sent to the address specified by the applicant if the applicant made in foreign institution inquiry in writing.

26. The first and second copies of civil registrations which are constituted by foreign institution after calendar year together with the documents which formed the bases for state registration of these acts are reported on storage to the authorities of civil registration in the territory of the Russian Federation:

- the first copies of civil registrations together with the documents which formed the bases for state registration of these acts go to Archive and information department of Management the REGISTRY OFFICE of Moscow to the address: 101990, Moscow, Maly Haritonyevsky Pereulok, 10;

- the second copies of civil registrations go to department of accumulating, processing, storage and issue of documents REGISTRY OFFICES of Head department the REGISTRY OFFICE of the Moscow region to the address: 127051, Moscow, Average Carriage per, 7, p. 1.

27. Acceptance of visitors in foreign institutions is conducted according to the procedure of general queue. Waiting time in queue in case of the address of applicants concerning execution of the state function in foreign institutions is determined by the number of the applicants and officials performing acceptance concerning execution of the state function. In case of large number of visitors preliminary making an appointment by phone is provided.

 

The list of the bases for refusal performed by the state function

28. The basis for refusal performed by the state function is:

a) state registration contradicts the Law;

b) provided, according to the Law, documents do not conform to requirements imposed to them by the Law and other regulatory legal acts.

28.1. Marriage is not allowed between:

- persons of whom at least one face already consists in other registered scrap;

- close relatives (relatives on the direct ascending and descending line (parents and children, the grandfather, the grandmother and grandsons), full and not full (having general the father or mother) brothers and sisters);

- adoptive parents and adopted;

- persons from whom at least one face is recognized by court incapacitated owing to mental disturbance.

The head of foreign institution can refuse state registration of marriage if has the proofs confirming availability of the circumstances interfering marriage.

28.2. The head of foreign institution refuses state registration of paternity proof in case:

- availability of information about the father in the birth statement of the child, except for case if record about the father of the child is constituted according to the statement of mother.

28.3. The repeated certificate on state registration of the act of civil status is not granted:

- to parents (one of parents) of the child concerning whom they are deprived of the parent rights or are limited in the parent rights, the certificate of birth of the child;

- to persons which dissolved marriage and persons whose scrap is nullified, - the certificate on marriage.

At the request of specified persons the document confirming the fact of state registration of the birth of the child or marriage is issued to them.

29. Upon the demand of the applicant to whom it is refused performed by the state function the head of foreign institution shall tell him causes of failure in writing in day of the address (the N 37 form is provided in the appendix N 1 to Administrative regulations).

Requirements to places of execution of the state function

30. Places for execution of the state function in foreign institutions are the rooms for acceptance of visitors equipped with separate entrance or in separate buildings. In the territory adjacent to foreign institution, parking lots of vehicles can be equipped. The entrance to the room is equipped with the corresponding index.

In rooms for acceptance of visitors or at information stands of foreign institutions text information on procedure for execution of the state function, necessary documents and models of their filling, and also on payment of the consular fee and collection on account of compensation of actual expenses is placed. Rooms shall be equipped according to health regulations and regulations.

List of documents necessary for execution of the state function and procedure for their representation

State registration of the birth

31. For state registration of the birth the applicant represents to foreign institution:

31.1. The statement for the birth in oral or written form (the NN forms 1, of 2, 5 are provided in the appendices NN 2, of 3, 4 to Administrative regulations respectively).

If parents have no opportunity to declare personally the child's birth, the statement for the birth of the child can be made by the relative of one of parents or other representative parents (one of parents) person either the official of the medical organization or the official of other organization in which there was mother at the time of delivery or there is child.

The statement for the birth of the child shall be made not later than in month since the birth of the child.

The statement for the birth of the child of the reached age of majority is submitted the full age child.

The application can be submitted in foreign institution by parents (one of parents) of the child or other person declaring the child's birth, and also can be sent to foreign institution by means of mail service, electric communication or otherwise, in case of the statement for the child's birth by person which was present during rodovpra childbirth out of the medical organization and without delivery of health care.

31.2. One of the following documents which are the basis for state registration of the birth:

- the document on the birth issued by the medical organization irrespective of its form of business (further - the medical organization) in which there was childbirth;

- the document on the birth issued by the medical organization which doctor provided medical care in case of childbirth or to which mother after the delivery addressed or person practising private medicine (further - the private medical practitioner) (in case of childbirth out of the medical organization);

- the statement of person which was present at the time of delivery for the child's birth (in case of childbirth out of the medical organization and without delivery of health care) (the N 6 form is provided in the appendix N 5 to Administrative regulations);

In case of absence at the specified person of opportunity to be in foreign institution its signature of the statement for the child's birth this woman shall be certified by the organization in which the specified person works or studies, the housing and operational organization or local government body for the place of his residence or administration of the stationary medical organization in which the specified person is on treatment.

- the judgment about factual determination of the birth of the child by this woman (in the absence of other bases for state registration of the birth of the child);

- the judgment about factual determination of the birth of the child who reached age of one year and more (in the absence of the document of the established form of the birth);

- the document of the established form of perinatal death issued by the medical organization or the private medical practitioner (in case of state registration of the birth of the child who was born the dead).

31.3. The document issued by the medical organization and confirming the fact of receipt of consent of the woman who gave birth to the child (substitute mother) on record of the specified spouses by the child's parents in case of state registration of the birth of the child according to the statement of the spouses who agreed to implantation of embryo to other woman for the purpose of its incubation (in case of state registration of the birth of the child according to the statement of the spouses who agreed to implantation of embryo to other woman for the purpose of its incubation).

31.4. Identity documents of the citizen of the Russian Federation living outside the Russian Federation are: the passport of the citizen of the Russian Federation, the diplomatic passport, the service passport (further - identity documents). The documents proving the identity of parents (one of parents) or the identity of the applicant and confirming him powers (are shown).

 

State registration of marriage

32. For state registration of marriage the applicant represents to foreign institution:

32.1. The joint statement in writing (the N 7 form is provided in the appendix N 6 to Administrative regulations).

In the joint statement shall be confirmed mutual voluntary consent on marriage, and also lack of the circumstances interfering marriage. The following data shall be specified in the joint statement:

- surname, name, middle name, birth date and birth place, age on the date of state registration of marriage, nationality, nationality (it is specified at the request of persons marrying), the residence of each of persons marrying;

- surnames which are chosen by persons marrying;

- details of the documents proving the identity marrying.

Persons marrying sign the joint statement on marriage and its creation specifies date.

If one of persons marrying has no opportunity to be in foreign institution for submission of the joint statement, declaration of will of persons marrying can be drawn up by separate statements. The signature of the statement of person which does not have opportunity to be in body of civil registration shall be notarially certified;

32.2. The documents proving the identity marrying (are shown).

32.3. The document confirming the termination of previous marriage (if person (persons) was married earlier).

32.4. Permission to marriage before achievement of age of consent if person (persons) marrying is minor, except as specified, when marriage by way of exception taking into account special circumstances is allowed before achievement of age of consent by the law of subjects of the Russian Federation.

 

State registration of annulment of marriage

33. For state registration of annulment of marriage applicants represent to foreign institution:

33.1. Statement in writing.

The joint statement is submitted in case of annulment of marriage of the spouses who do not have the general children who did not reach age of majority. In the joint statement on annulment of marriage (the N 8 form is provided in the appendix N 7 to Administrative regulations) spouses shall confirm mutual consent on annulment of marriage and absence at them the general children who did not reach age of majority and also to specify the following data:

- surname, name, middle name, birth date and birth place, nationality, nationality (it is specified at the request of each of spouses), the residence of each of spouses;

- details of record of the act of marriage;

- surnames which are chosen by each of spouses in case of annulment of marriage;

- details of the documents proving the identity of spouses.

The declaration of avoidance of scrap is submitted by one of spouses if other spouse is acknowledged as court is unknown absent, incapacitated or is condemned for crime execution to imprisonment for the term of over three years. In the statement (the N 9 form is provided in the appendix N 8 to Administrative regulations) it is specified:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info