IT IS REGISTERED
in Ministry of Justice of the Russian Federation
February 15, 2010.
Registration No. 16418
of February 3, 2010 No. 26
About approval of Administrative regulations of the Federal Migration Service on provision of the state service in registration and issue of the passports of the citizen of the Russian Federation proving the identity of the citizen of the Russian Federation outside the territory of the Russian Federation and on execution of the state function on their accounting
1. Approve the enclosed Administrative regulations of the Federal Migration Service on provision of the state service in registration and issue of the passports of the citizen of the Russian Federation proving the identity of the citizen of the Russian Federation outside the territory of the Russian Federation and on execution of the state function on their accounting.
2. Direct this order to state registration in the Ministry of Justice of the Russian Federation.
3. To impose control of execution of the order on the deputy director of the Federal Migration Service on the supervised activity.
Director general
militia colonel K. O. Romodanovsky
Appendix to the order of the Federal Migration Service of February 3, 2010 No. 26
1. Administrative regulations of the Federal Migration Service on provision of the state service in registration and issue of the passports of the citizen of the Russian Federation proving the identity of the citizen of the Russian Federation outside the territory of the Russian Federation and on execution of the state function on their accounting * (1) determines terms and the sequence of actions (ministerial procedures) of the Federal Migration Service * (2), territorial authorities of FMS of Russia and their structural divisions, and also order of interaction of FMS of Russia, its territorial authorities and their structural divisions with federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies in case of registration and issue of the passports of the citizen of the Russian Federation proving the identity of the citizen of the Russian Federation outside the territory of the Russian Federation * (3), and to their accounting.
2. Provision of the state service in registration and issue of passports and execution of the state function on their accounting are performed according to:
The Federal Law of August 15, 1996 N 114-FZ "About procedure for departure from the Russian Federation and entry into the Russian Federation" * (4);
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" * (5);
The presidential decree of the Russian Federation of July 19, 2004 N 928 "Questions of the Federal Migration Service" * (6);
the order of the Government of the Russian Federation of March 14, 1997 N 298 "About approval of samples and descriptions of forms of the main identity documents of the citizen of the Russian Federation outside the Russian Federation" * (7).
3. The FMS of Russia, its territorial authorities and their structural divisions in case of registration, issue and accounting of passports are also guided:
Articles 333. 28, 333.29 Tax Code of the Russian Federation * (8);
The Federal Law of March 28, 1998 N 53-FZ "About conscription and military service" * (9);
The Federal Law of May 2, 2006 N 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" * (10);
The Federal Law of July 27, 2006 N 152-FZ "About personal data" * (11);
The law of the Russian Federation of July 21, 1993 N 5485-1 "About the state secret" * (12);
The presidential decree of the Russian Federation of November 14, 2002 N 1325 "About approval of the Regulations on procedure for consideration of questions of citizenship of the Russian Federation" * (13);
the order of the Government of the Russian Federation of December 19, 1997 N 1598 "About procedure for execution of exit visas from the Russian Federation the military personnel of the Armed Forces of the Russian Federation, and also federal executive bodies in whom the military service" * is provided (14);
the order of the Government of the Russian Federation of November 27, 2006 N 719 "About approval of the Regulations on military accounting" * (15);
the order of the Ministry of Internal Affairs of Russia of December 28, 2006 N 1105 "About approval of Administrative regulations of the Federal Migration Service on provision of the state service in issue, replacement and on execution of the state function on accounting of the passports of the citizen of the Russian Federation proving the identity of the citizen of the Russian Federation in the territory of the Russian Federation" * (16).
4. Registration, issue and accounting of passports are performed by FMS of Russia (within competence), territorial authorities of FMS of Russia * (17) and their structural divisions * (18).
In the territory of the Russian Federation the statement for issue of the passport * (19) moves in FMS of Russia (within its competence), territorial authority or division at the place of residence or in the place of stay.
Powers of divisions by reception of applications, registration and issue of passports are determined by the head of territorial authority (FMS of Russia within its competence).
The citizen taking the residence and the place of stay in limits of one settlement files petition in territorial authority at the place of residence.
In the territory of the Russian Federation to the citizen of the Russian Federation who does not have registration at the place of residence or in the place of stay, or taking the residence outside the Russian Federation, registration and issue of the passport is made according to the statement of this citizen by territorial authority or division in the place of its actual accommodation in the territory of the Russian Federation.
5. The FMS of Russia, its territorial authorities and divisions in case of registration, issue and accounting of passports interact with:
- law-enforcement bodies of the Russian Federation;
- Consular department MFA of Russia, diplomatic representations and consular establishments of the Russian Federation;
- bodies of the Federal Security Service;
- military commissariats;
- judicial authorities;
- tax authorities of the Russian Federation;
- service of bailiffs.
Procedures of interaction with the specified bodies and the organizations are determined by Administrative regulations, regulatory legal acts of the Russian Federation and the relevant agreements.
Result of provision of the state service
6. Issue to person who addressed for provision of the state service * is result of provision of the state service (20), passports or issue of the notification on refusal in registration to it passports - in cases, stipulated in Item 25 Administrative regulations.
Receivers of the state service
7. Receivers of the state service are:
7.1. The citizens of the Russian Federation living in the territory of the Russian Federation, who addressed to territorial authority, division or to FMS of Russia (within its competence) with the written application submitted personally or through his legal representative.
7.2. The citizens of the Russian Federation living outside the territory of the Russian Federation, who addressed to territorial authority, division or FMS of Russia (within its competence) with the written application submitted personally or through his legal representative.
Procedure for informing on provision of the state service
8. Information on the state service is provided directly in premises of the territorial authorities participating in provision of the state service, by phone, to e-mail by means of placement of information on the Websites of FMS of Russia and its territorial authorities, and also on the single portal of the state and municipal services (functions).
The main requirements to informing applicants are:
- reliability of the provided information;
- clearness in information statement;
- completeness of informing;
- visualization of forms of the provided information;
- convenience and availability of receipt of information;
- efficiency of provision of information.
9. At information stands of the territorial authorities participating in provision of the state service and also on the Website of FMS of Russia and its territorial authorities the following information is placed:
- about procedure for provision of the state service;
- models of filling of application forms (appendix N 1, N 3 to Administrative regulations);
- the list of the documents submitted by the applicant for receipt of the passport (Items 26 - 40 Administrative regulations);
- about the refusal bases in registration and issue of the passport (Item 25 of Administrative regulations);
- working hours of the relevant division (Items 21 - 23 Administrative regulations);
- bank details for payment of the state fee;
- addresses of the official Websites, phone numbers of service desk and e-mail address of FMS of Russia and its territorial authorities (appendix N 24 to Administrative regulations);
- phone number on which it is possible to perform preliminary record;
- flowchart (appendix N 25 to Administrative regulations);
- procedure for receipt of certificates (consultations) of the course of provision of the state service (Items 13 - 14 Administrative regulations).
10. In case of responses to phone calls and oral addresses authorized employees (the government civil servants, workers) * (21) in detail and in polite (correct) form inform addressed on the questions interesting them. The response to phone call shall begin with information on the name of body which the citizen, surname, name, middle name and position of the employee who received phone call called.
Time of conversation shall not exceed 10 minutes.
In case of impossibility of the employee who received call to answer independently the questions posed, the phone call shall be readdressed (is transferred) to other official or to the addressed citizen telephone number according to which it is possible to obtain necessary information shall be told.
11. Informing on the course of provision of the state service is performed by employees in case of the personal address of the applicant, and also with use of mail, telephone communication, by e-mail.
12. The applicants who provided to territorial authorities or FMS of Russia (within competence) documents for execution of the passport, are without fail informed by employees:
about date of completion of document creation and possibility of receipt of the passport;
about the refusal bases in execution of the passport.
Procedure for receipt of consultations (certificates) of provision of the state service
13. Consultations (reference) are provided by authorized employees in case of the personal address, by means of the official Website, phone or e-mail (the appendix N 24 to Administrative regulations).
Consultations of general nature (about the location, the working schedule) can be provided with use of means of autoinforming. When autoinforming the round-the-clock provision of reference information is provided.
14. Consultations are provided on the following questions:
- about the divisions authorized on reception of an application and on its issue including information on the place of their stay;
- about procedure for filling of the statement;
- about the list of the documents submitted for receipt of the passport and to requirements imposed to them;
- about the amount of the state tax;
- about time of receiving and delivery of documents;
- about the term of provision of the state service;
- about procedure for appeal of actions (failure to act) for the official and the decision made by it by provision of the state service.
Requirements to places for informing
15. The places for informing intended for acquaintance of applicants with information materials are equipped:
- electronic management system queue;
- information stands;
- chairs and tables for possibility of document creation.
Requirements to places for expectation
16. The area of places for expectation depends on the number of the citizens who are daily addressing to territorial authority for provision of the state service.
Places of expectation shall correspond to comfortable conditions for applicants and optimal conditions of work of employees.
Conditions for servicing of disabled people shall be created: rooms are equipped with the ramps, special barriers and handrail providing free movement and turn of wheelchairs, tables for disabled people are placed away from entrance taking into account free entrance and turn of carriages.
17. Places of expectation in queue on provision or receipt of documents are equipped with chairs, chair sections, benches (banquettes).
Requirements to places of acceptance of applicants
18. In territorial authorities rooms for acceptance of applicants of "screen" type will be organized, at the same time parts of the room separate partitions in the form of windows (booths). In the absence of such opportunity the room for direct interaction of employees with applicants will be organized in the form of separate workplaces for each leader acceptance of the employee.
19. Windows (offices) of acceptance of applicants shall be equipped with information plates (signs) with indication of:
- numbers of window (office);
- surnames, name, middle name and position of the employee performing provision of the state service;
- time of lunch break, technical break.
20. Each workplace of the employee shall be equipped with the personal computer with possibility of access to the necessary information databases printing and to scanners.
Under the organization of workplaces the possibility of free admission and exit of employees from the room if necessary shall be provided.
Obligations of territorial authorities concerning the schedule (mode) of work with applicants
21. Reception hours of citizens the staff of the territorial authorities and divisions participating in provision of the state service in registration and issue of passports:
+--------------------------------------------------------------------+ | Дни недели | часы приема | |------------------------------------+-------------------------------| |Понедельник |09.00 - 18.00/Выходной день | |------------------------------------+-------------------------------| |Вторник |10.00-20.00 | |------------------------------------+-------------------------------| |Среда |09.00-16.00 | |------------------------------------+-------------------------------| |Четверг |10.00-20.00 | |------------------------------------+-------------------------------| |Пятница |10.00-16.45 | |------------------------------------+-------------------------------| |Суббота |09.00 - 14.00/Выходной день | |------------------------------------+-------------------------------| |Воскресенье |Выходной день | +--------------------------------------------------------------------+
The days off are established in the alternation mode in week according to the schedule: Saturday, Sunday and Sunday, Monday.
The working schedule on reception of citizens changes taking into account interests of citizens, climatic conditions of the region, but at the same time the number of hours of reception of citizens shall correspond to the number of hours specified in graphics, acceptance shall be organized so that to exclude formation of queues.
22. Working hours of other employees are established according to the office schedule of the relevant division. The division manager depending on situation redistributes during the day the employees performing acceptance of applicants.
23. Time of provision of break for rest and food of staff of FMS of Russia, its territorial authorities and divisions is established from 13:00 till 13:45 (except Saturday).
Terms of provision of the state service
24. Provision of the state service is performed in terms, the stipulated in Article 10 Federal Laws:
The term of provision of the state service from the date of filing of application with appendix of all necessary documents at the place of residence shall not exceed one month, in case of filing of application in the place of stay or actual accommodation - four months.
The term of provision of the state service in case of lack of the bases for temporary restriction in the right to departure from the Russian Federation in the presence of documentary confirmed circumstances connected with need of the emergency treatment, serious illness or the death of the close relative and requiring departure from the Russian Federation shall not exceed three working days from the date of filing of application.
24.1. Passing of the separate ministerial procedures necessary for execution of the state service is performed in the following terms:
- time of verification of presence at the applicant of all properly processed documents necessary for execution of the state service, shall not exceed 10 minutes;
- the decision on execution of the passport is made taking into account time necessary for its production and delivery for the applicant in time, established by the Federal Law.
24.2. Time of documents acceptance is established up to 15 minutes, and receipt of the passport - up to 10 minutes.
24.3. Waiting time in queue:
- in case of submission of documents by the applicant to the authorized employee responsible for documents acceptance, shall not exceed 30 minutes;
- in case of issue of the passport - 20 minutes;
- waiting time in queue on consultation, whenever possible, shall not exceed 30 minutes;
- in case of receipt of request for written consultation the term of the answer shall not exceed 30 days.
The bases for refusal in provision of the state service
25. Provision of the state service it can be refused:
25.1. In cases of temporary restriction of the right of the citizen of the Russian Federation to departure from the Russian Federation, the stipulated in Article 15 Federal Laws.
25.2. According to part seven of article 10 of the Federal Law - in case of disagreement of one of parents, adoptive parents, guardians or custodians on departure from the Russian Federation the minor citizen of the Russian Federation.
List necessary for provision of the state service
the documents demanded from the applicant and procedure for their provision
26. The application is submitted in duplicate on the form of the established form (the appendix N 1 to Administrative regulations), and in case of execution of the passport to the minor citizen who did not reach 18-year age, the application of the established form is submitted in one copy (the appendix N 3 to Administrative regulations).
27. The application form is filled in by electronic computer facilities or is by hand legible (printing letters) ink of black or blue color. Error correction by deletion and by means of the adjusting means is not allowed.
For reliability of the submitted documents and completeness of the data specified in the statement, the applicant bears responsibility according to the procedure, established by the legislation of the Russian Federation.
28. The official documents processed to the territories of foreign states which copies are represented for execution of the passport shall be legalized in diplomatic representations or consular establishments of the Russian Federation or on the document the apostille shall be put down if other is not provided by international treaties of the Russian Federation.
The documents constituted in foreign language are subject to transfer into Russian. Fidelity of transfer and authenticity of the signature of the translator shall be notarized.
29. FMS of Russia (within its competence), the territorial authority or division consider the application with properly processed documents submitted by applicants.
30. The application is submitted personally by the citizen of the Russian Federation who reached 18-year age to territorial authority or division at the place of residence, the place of stay or actual accommodation, and also to FMS of Russia (within its competence).
Concerning minor citizens since the birth of and before achievement of 18 summer age or the citizen recognized in accordance with the established procedure incapacitated the application is submitted by one of parents, adoptive parents, guardians or custodians (legal representatives) in case of submission of the documents confirming the rights of legal representatives.
31. Along with the statement the citizen of the Russian Federation submits to the employee the following documents:
31.1. Main identity document of the applicant * (22).
31.2. Three personal photos in black-and-white or color execution of 35 x 45 mm in size with the accurate image of person are strict in fullface without headdress on matte paper or two photos in case of execution of the passport to minor citizens.
Submission of photos in the headdresses which are not hiding face form, citizens whose religious beliefs do not allow to be shown before strangers without headdresses is allowed.
Photos in uniform are not accepted.
In cases if the applicant asks to enter in the passport data on his minor children aged up to 14 years, about two photos on each minor citizen are provided.
31.3. The documents certifying availability of citizenship of the Russian Federation for persons which did not reach 14-year age according to Item 45 and subitems 45. 1, 45.2, and also the Regulations on procedure for consideration of questions of the citizenship of the Russian Federation approved by the Presidential decree of the Russian Federation of November 14, 2002 N 1325, and also the documents confirming the rights of their legal representative which are drawn up as a result of execution of requirements of Item 50.
31.4. The national passport proving the child's identity aged from 14 up to 18 years and (or) the passport in case of its availability, and also the documents confirming the rights of their legal representative.
31.5. Receipt on payment of the state fee for issue of the passport.
32. The petition of the organization directing the citizen out of limits of the territory of the Russian Federation in case of execution of the second passport according to Item 40 of Administrative regulations.
33. The military personnel of the Armed Forces of the Russian Federation, and also federal executive bodies in whom the military service is provided except for of persons undergoing military service in addition apply the permission of command which is drawn up according to the procedure, established by the Government of the Russian Federation * (23).
34. The males living in the territory of the Russian Federation aged from 18 up to 27 years for confirmation of reliability of data that the citizen on the date of filing of application is not called up for military service or is not directed to alternative civil service, represent one of the documents provided below:
34.1. The military ID with mark about the end of passing of military service.
34.2. The corresponding reference of military commissariat at the place of residence.
35. The citizen of the Russian Federation shall specify the in the statement surname, name, middle name (including earlier being available), floor, birth date and birth place, the residence and (or) stay, to specify registration date at the place of residence, this the national passport, place of employment (services, studies) within the last ten years.
Along with it the citizen of the Russian Federation specifies in the statement for lack of the circumstances provided by the Federal Law which could interfere with its departure from the Russian Federation.
Concerning the citizen recognized in accordance with the established procedure incapacitated all Items of the statement are filled with the legal representative who specifies data of the incapacitated citizen.
Item 14 of the statement is filled in cases if the legal representative in case of execution of the passport asks to enter in the passport data on minor children aged up to 14 years or in the valid passport of the legal representative data on minor children are entered.
Item 16 of the statement is filled only in case of availability at the applicant of the valid passport.
36. The application form to the minor citizen is filled in by the legal representative who in Items 1 - 7 specifies data of the minor citizen, and in Items 8 - 11 answers questions concerning the minor citizen. On the back statements in Items 13 - the 18th legal representative enters the surname, name, middle name (including earlier being available), floor, birth date and birth place, the residence (stay) this the national passport. Item 12 of the statement is filled only in the presence at the minor citizen of the valid passport.
37. The data on labor activity specified in the statement, appendix to the statement are certified by heads of the organizations or their personnel divisions (bodies) for principle place of employment (services, studies) the applicant.
By provision of the statement in the place of the stay which is not certified on principle place of employment (services, studies), the applicant provides the statement from the service record about labor activity over the last 10 years. In this case in the statement the employee authorized on documents acceptance makes record: "Data on labor activity are verified with the statement".
Data on labor activity of the citizens who are not working for the moment of filing of application are verified by the employee with the data specified in the service record or the statement from it about what the corresponding entry in the statement is made. In case of absence at the applicant of the service record or the statement from her in the statement record is made: "Data on labor activity are specified according to the applicant".
In case of impossibility of introduction of data on labor activity over the last 10 years because of filling in Item 15 of the statement of all columns with the applicant (legal representative) draws up appendix in which the data on labor activity which are not introduced in Item 15 of the statement (the appendix N 2 to Administrative regulations) are specified.
All records made in the statement are certified by the signature of the authorized employee with disaggregation of surname.
38. For confirmation of the rights of the legal representative the following documents are in addition submitted:
certificate of birth;
certificate on adoption (adoption);
the judgment about guardianship establishment;
act of local government body of guardianship establishment;
identity documents and nationality of adoptive parents or single adoptive father. If one of adoptive parents is person without citizenship, - also the document of this adoptive father certifying the status of the stateless person.
39. The citizen who reached 18-year age and addressing for receipt of the passport in connection with the decision on departure from the Russian Federation made by it for residence in other state specifies about it in the statement.
In case of the address with the statement for execution of the passport for residence in other state to the child who reached 14-year age the notarized application of the child aged from 14 up to 18 years about its consent to departure from the Russian Federation for residence in other state together with parents or with one of them is in addition submitted.
40. If activities of the citizen of the Russian Federation are connected with regular (at least once within a month) departures out of limits of the territory of the Russian Federation, and this citizen has no right to the diplomatic or service passport, according to the petition of the organization directing it out of limits of the territory of the Russian Federation the second passport is drawn up and issued to it, at the same time in the drawn-up passport in the afternoon of the termination of term of its action day of the termination of effective period of earlier issued passport is specified.
For confirmation of the specified circumstance the citizen shows the passport which is available for it (copies of its corresponding pages are enclosed to the application) at least with one mark about crossing of Frontier of the Russian Federation for the purpose of departure from the Russian Federation during each of the last three calendar months.
Payment of the state fee for provision of the state service
41. The state fee is paid for provision of the state service in the amount of, established by the Tax Code of the Russian Federation.
Citizens of the Russian Federation whose residence is the Kaliningrad region do not pay the state fee for provision of the state service (article 333.29 of the Tax Code of the Russian Federation).
42. Provision of the state service includes the following ministerial procedures:
- acceptance and registration of statements;
- consideration of the application;
- execution of the passport;
- issue of the passport.
Acceptance and registration of statements
43. The basis for provision of the state service is giving in territorial authority, its division or in FMS of Russia (within its competence) the statement and necessary documents.
44. The employee, the representative to adopt statements, determines jurisdiction of the address and establishes its subject (gets acquainted with set of the submitted documents). If subject of the address of the applicant is not execution of the passport, the employee, the representative to accept documents, reports the applicant what officials of FMS of Russia (its territorial authority) or in what public authority it is necessary to address.
The maximum term of accomplishment of action constitutes 3 minutes.
45. In case of reception of an application the employee checks correctness of filling of the statement, validity of the main identity document, correctness of payment of the state fee, and also similarity of the citizen to the photos represented to them, performs reconciliation of the data specified by the citizen in the statement with data in the main identity document of the citizen.
The maximum term of accomplishment of action constitutes 5 minutes.
46. Ceased to be valid according to the Order of the Federal Migration Service of 01.12.2011 No. 498
47. Originals of the documents submitted by the applicant listed in subitems 31. 2, 31.5, 34.2 and Items 32, of 33, 39 Administrative regulations, join the statement, and originals of the documents provided by subitems 31. 1, 31.3, 31.4, 34.1 and Items 38, 48 Administrative regulations, are subject to return, and their copies join the statement. Notarially certified transfer into Russian joins the statement if the provided document is processed in foreign language.
48. The basis for urgent (within three working days) considerations of the application is:
- the letter of body of health care confirming need of urgent trip on treatment out of limits of the territory of the Russian Federation;
- the letter of the foreign medical organization on need of the emergency treatment (the medical certificate of medical institution at the place of residence of the patient at the same time is submitted);
- the cable message which arrived because of limits of the territory of the Russian Federation and certified according to the legislation of the state of accommodation (stay), confirming the fact of serious illness or the death of the close relative or spouse.
49. In case of filing of application the applicant provides proper filling of Items of the application blank and preparation of necessary document package.
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The document ceased to be valid according to the Order of the Federal Migration Service of the Russian Federation of October 15, 2012 No. 320