Legal status of the applicant. Rules defining the legal status (rights and obligations) of participants in registration relations. Registration and verification of crime reports. Guarantees of the constitutional rights of citizens when contacting law enforcement agencies

In accordance with the provisions of Art. 10 of the Federal Law of May 31, 2002 No. 62-FZ (as amended on December 31, 2014) “On Citizenship Russian Federation"a document certifying the citizenship of the Russian Federation is a passport of a citizen of the Russian Federation or another main document containing an indication of the citizenship of the person. The types of main documents certifying the identity of a citizen of the Russian Federation are determined by Federal Law dated 08/15/1996 N 114-FZ (as amended on 31.12 .2014) “On the procedure for leaving the Russian Federation and entering the Russian Federation” (passport; diplomatic passport; service passport).

According to the Regulations on the procedure for considering issues of citizenship of the Russian Federation (approved by Decree of the President of the Russian Federation of November 14, 2002 No. 1325 (as amended on August 6, 2014) “On approval of the Regulations on the procedure for considering issues of citizenship of the Russian Federation”), the presence of citizenship of the Russian Federation is certified by the following documents :

a) a passport of a citizen of the Russian Federation, including a foreign passport;

b) diplomatic passport;

c) service passport;

e) an identity card (military ID) of a military personnel with an insert indicating citizenship of the Russian Federation;

f) a birth certificate containing information about the citizenship of the Russian Federation of the parents, one of the parents or the only parent;

g) a birth certificate with a mark confirming the presence of citizenship of the Russian Federation, affixed by an official of the authorized body.

The only document confirming that a child has Russian citizenship, before he receives a passport, is a birth certificate. If it is lost, you must contact the registry office where the birth of the child was registered or the registry office at the place of residence/temporary registration.

Not only the child’s parents, but also the child’s guardians, trustees or representatives of the guardianship authority, or the person in respect of whom the birth record was made, can apply for restoration of the birth certificate.

To issue a duplicate certificate you need:

1. Write an application for a duplicate;

2. Provide documents confirming the applicant’s rights - passports with records of children,

3. Pay the state fee for its issuance.

If the registry office where the birth was registered is now located in another city because you have moved, you need to contact the registry office at your place of residence, it will forward your application to the desired registry office and after a few weeks you will be able to receive a duplicate certificate. However, in any case, it will be necessary to appear at the registry office at the place of birth, since the duplicate is issued only personally to the citizen.

Regulatory legal acts relating to confirmation of the status of a citizen of the Russian Federation:

"Tax Code of the Russian Federation (Part Two)" dated 08/05/2000 No. 117-FZ (as amended on 12/29/2014) (as amended and supplemented, entered into force on 01/29/2015);

Federal Law of August 15, 1996 No. 114-FZ (as amended on December 31, 2014) “On the procedure for leaving the Russian Federation and entering the Russian Federation”

Federal Law of November 15, 1997 No. 143-FZ (as amended on June 23, 2014) “On acts of civil status” (as amended and supplemented, entered into force on January 1, 2015)

Analysis of regulations governing relations in the field of registration allows us to judge the quantitative and qualitative shortcomings of the norms that establish material legal status participants of registration procedures. In most cases, the status of a registering authority is fixed, in some cases the status of an official. The procedural legal status of the applicant in many cases is completely absent.

The presence of norms establishing the substantive and legal status of participants in registration procedures, in the legislation forming the institution of registration, makes it possible to determine their legal personality and affects the legal status of the individual in his relations with the authorities executive branch.

Norms of definition. In current regulations governing certain types of registration proceedings, the concept of state registration of relevant objects, as a rule, is not formulated. Only certain federal laws provide a definition of the concept in question in relation to the corresponding object of registration. So, in particular, in accordance with Article 2 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” dated July 21. 1997, state registration of rights to real estate and transactions with it is understood as a legal act of recognition and confirmation by the state of the emergence, restriction (encumbrance), transfer or termination of rights to real estate. State registration of a particular object is carried out by the relevant administrative body, which, from our point of view, should be called registration. Registration itself is a set of actions (registration actions) consistently performed by the registration authority aimed at achieving the goals of such registration.

When using the concepts “registration”, “registration accounting” and “accounting” in regulatory legal acts, there is no clear distinction between them. In our opinion, it is necessary to study in more detail the question of the relationship between these legal categories: are they different in essence, or are we talking about the synonymous content of these concepts.

In order to determine the main concepts chosen as basic, it seems necessary to carry out an analysis of the main terms and the concepts they denote. First of all, such as: “registration” and “registration accounting” and some others used in this work.

Analysis of the regulatory framework that makes up the institution of registration allows us to conclude that the same administrative procedure in various legal acts is referred to as “registration” and “registration accounting”. At the same time, in our opinion, the identification of the concepts “registration” and “registration accounting” is not fully justified, since it does not take into account some significant differences in the content of the concepts under consideration. In general, agreeing that registration and registration accounting can be considered as synonyms, we believe that registration is a broader concept than registration accounting, since it has a number of significant distinctive features and covers a wider range of social relations.

Let us reveal the essence of the concepts under study:

Ø Accounting – entering into a database information about subjects, their statuses, rights, responsibilities and actions performed by them. It can be divided into simple accounting (reference) and registration (official) accounting.

Ø Simple accounting (hereinafter referred to as accounting) is kept for reference purposes, and its data is not legally significant. The rules for such accounting may be arbitrary, including official ones, but changing the accounting data will not lead to any legal consequences.

Ø Registration accounting is characterized by the legal significance of accounting data. Typically, to make accounting official, it is necessary to comply with certain official (defined by regulations) registration rules. Typically, the official registration of registration is provided by registers (registers, cadastres).

Ø Registration – is characterized not only by the legal significance of credentials. This procedure is accompanied by the issuance to the applicant of a title document (certificate) on the official recognition and confirmation by the state of the legality of the existence of material objects and legal facts.

Ø Register (register, cadastre) – a list, entry into or exclusion from which is carried out according to the rules defined by regulations and leads to legal consequences. If there are no legal consequences, then this is simply a (reference) list, although it can also be maintained according to the rules defined by regulations.

Ø An extract is a document containing information about the status of one or a number of accounts in the register (register, cadastre) at some point in time.

Ø Account– record (information) about the facts taken into account real life. Has a specific meaning at any given moment in time.

Accounting and registration for statistical purposes, as a means of carrying out analytical work, lies beyond “our” interests.

In our opinion, the main feature that distinguishes registration from registration records can be considered its legal nature. In order to correctly understand the functions and tasks of the registration institute, it is necessary to disclose the meaning of the concepts discussed above in the regulations governing the registration institute.

So, for example, Art. 39. Federal Law“On Narcotic Drugs and Psychotropic Substances” establishes the registration of transactions with narcotic drugs and psychotropic substances:

When carrying out activities related to the circulation of narcotic drugs and psychotropic substances, any operations that result in changes in their quantity and condition are subject to registration in special journals by persons who are assigned this responsibility by order of the manager legal entity. These logs are stored for 10 years after the last entry was made in them. The procedure for maintaining and storing these journals is established by the Government of the Russian Federation.

In our example, the procedure is carried out not by the state registration body, but by authorized persons who are appointed by order of the head of the legal entity - the holder of a license for activities related to the circulation of narcotic drugs and psychotropic substances. In addition, registration involves stages of the procedure that are different from simple accounting. This is the submission of an application by the interested subject of registration relations, making a decision on the case, issuing a document - a certificate of state registration, etc. in this case these stages are missing, which allows us to conclude that it is necessary to replace the words “subject to registration in special journals” with the words “subject to registration in special journals”.

And this is not the only example of the fact that the legislator does not distinguish between such legal categories as “registration”, “registration” and “accounting”.

In our opinion, registration and accounting are two different types procedures.

Registration:

· carried out by authorized executive authorities (registration authorities);

· has a prejudicial function, i.e. serves as a condition for the implementation of rights and legitimate interests citizens and legal entities;

· is of a declarative (notifying) nature;

· mainly carried out on a paid basis;

· confirmation of registration is a certificate or other document of strict accountability.

Accounting is one of the types of control activities of executive authorities and consists, first of all, of recording facts, events, processes and other information. It is not of a legalizing nature and does not entail any legal consequences in relation to the object of accounting. Accounting is rather one of the purposes of registration, but cannot replace registration.

In terms of improving legislation, it can be proposed to consider as grounds for classifying objects as registered the following criteria:

1) objects of registration are sources of increased danger - these are objects and substances that pose a threat if used improperly. The use of such material objects may be dangerous to the life and health of an unlimited number of persons (both those participating and not participating in their use - weapons, chemically hazardous production vehicles, new medicines and others);

2) objects of registration, the activities of which create a danger of causing harm due to the impossibility of full control over them by the state (legal entities, individual entrepreneurs, foreign citizens etc.);

3) property and non-property rights of citizens, the emergence, change and termination of which is impossible without state confirmation of such a right (right to real estate, copyright, etc.);

4) objects are under constant financial control of the state and are taxable in accordance with the Tax Code on the territory of the Russian Federation (credit organizations, financial and industrial groups, etc.);

5) objects with the specified characteristics have become widespread and are widespread on the territory of the Russian Federation.

We can conclude that if an object subject to registration does not fall under at least one of the listed criteria, then it does not need state regulation through registration. It is possible to use other softer methods of regulation (certification, accreditation, etc.).

4. Types of legal relations served by the registration institute

The scope of state registration as one of the levers of state regulation is very extensive. In the legal literature, this issue is studied separately, in relation to specific objects subject to registration. There is still no single consolidated work within the framework of administrative law devoted to the institution of registration as a whole. There are only isolated works on some issues of registration of citizens, registration of legal entities and individuals as individual entrepreneurs, registration of rights to real estate and transactions with it, registration of a trademark, registration of land rights, licensing of certain types of activities and others.

We consider the simplest and most convenient classification given by I. M. Lazarev, who distinguishes the following types of objects of state registration:

1. Events

2. Legal states

3. Actions

4. Material objects.

The first includes events such as birth and death.

The second include such conditions as:

Change of surname, name, patronymic;

The emergence, change and termination of the legal status of citizens and their organizations;

Emergence, change and termination of property and personal non-property rights;

Technical assistance projects and programs.

The third includes registration procedures for such actions as:

Licenses;

Securities;

Notarial actions.

The fourth group is material objects:

Vehicles;

Weapons and ammunition;

Cash registers;

Technological equipment for the production of ethyl alcohol and alcoholic products;

Breeding animals.

P. I. Kononov adheres to a similar classification of objects of registration. But such a classification is one-sided and does not reflect the entire diversity of the legal phenomenon of registration.

The classification proposed by O.V. Shmaliy seems interesting. In his work, the author makes an attempt to determine the general classification criterion for the species of state registration. Such is the public interest, taken in its specific expression, depending on the nature, level and content.

Based on the selected criterion, the work identifies the following types of state registration:

By the nature of public interest (public-functional orientation):

a) registration aimed at protecting public order and ensuring national (state) security;

b) registration of a regulatory and managerial nature;

c) registration aimed at ensuring the rights and freedoms of citizens;

By level of public interest:

a) registration aimed at realizing national interests;

b) registration aimed at realizing the public interest of a constituent entity of the Russian Federation;

c) registration aimed at realizing the interests of the local government;

a) state registration in the economic sphere;

b) state registration in the administrative and political sphere;

c) state registration in the socio-cultural sphere.

This classification makes it possible to identify functionally determined characteristics of types of state registration, which makes it possible to streamline registration processes and eliminate internal contradictions in the regulation of registration relations.

The proposed classification of legal relations regulated by the rules of the registration institute can be divided into two blocks.

The first block is typical, carried out on the basis suitable for classifying any types of administrative legal relations:

· on objects and subjects subject to registration;

· by registration authorities;

· by the nature of registration;

· by type of registration.

The second block of classification is represented by specific features that are inherent specifically to the registration institute:

· according to the degree of registration fee;

· on the legal force of the norms that make up the registration institute;

· according to the validity period of the state registration document;

· on the jurisdiction of making a decision on invalidating a document on state registration.

Section I.
Documents confirming the applicant's status.

1. Individuals

1.1. Original of one of the identification documents:

Passport or a document replacing it;

Identity card of an officer of the Ministry of Defense, Ministry of Internal Affairs and other military formations and a certificate of registration at the place of residence - form-33;

Birth certificate (for citizens under 16 years of age).

For foreigners, stateless persons, political emigrants:

National passport,

Certificate - for stateless persons,

Certificate of the Executive Committee of the SOKK - for political emigrants,

Resident card.

Note. When changing the last name, first name, patronymic, the corresponding document on such changes from the civil registry office is provided.

1.2. If registration is carried out by a representative, in addition to identification documents, one of the documents confirming the authority of the representative is presented:

Power of attorney certified in accordance with Art. 185 of the Civil Code of the Russian Federation;

Documents confirming guardianship, trusteeship, patronage, with the attachment of the child’s birth certificate, copies of court decisions on limitation of legal capacity.

2. Legal entities

2.1. The original or a notarized copy of the Charter with all amendments and additions and the original or a notarized copy of the state registration certificate;

2.2. The original or a notarized copy of the decision on the appointment of the head of the legal entity or the person who signed on behalf of the legal entity the transaction on the basis of which the right to the object was declared for registration real estate. (for example: according to the Charter, the right to dispose of property is granted to a certain management body of a legal entity (for example: director), in this case, it is necessary to submit a document confirming the fact of his appointment (election) to the position. In the event that the right to dispose of property according to the Charter is granted to the Council directors (or other collegial body), then it is necessary to submit the original or a notarized copy of the decision of the Board of Directors (or other collegial body) on making a decision on the issue of alienation of real estate and delegating the signing of an agreement to an official (for example: a director).