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RUSSIA: LAW ON FICTITIOUS ADDRESS REGISTRATION ADOPTED

Dear Clients and Partners!

Please be informed that a law, which extends the concept of fictitious address registration of foreign nationals, has been adopted. From now on, the registration both at living premises and nonresidential premises can be found fictitious.

The law came into force on October 22, 2018.

Which law introduces the changes?

- Federal Law No. 366-FZ dated 11.10.2018 “On Migration Registration of Foreign Nationals and Stateless Persons in the Russian Federation”

What are the changes?

The law specifies that the fictitious registration is foreign national’s registration at the place of stay in a living or other premise, which has been carried out:

- on the basis of knowingly false information or documents provided by the host party

- without the host party’s intention to provide the premise to the foreign national for actual dwelling

- without the foreign national’s intention to actually dwell in the provided premise.

Previously the concept of fictitious registration referred only to living premises and was not applicable to premises with nonresidential status (including nonresidential apartments).

Intermark comments

It is anticipated that corresponding changes will soon be made to the Article 322.3 of the Criminal Code of Russia, which establishes the responsibility for fictitious registration.

In this regard, we would like to remind that individuals found guilty of fictitious registration are subject to criminal responsibility and the sentence can be as follows:

- fine in the amount from RUB 100,000 to 500,000 or wage or other income received in the period of up to 3 years OR

- compulsory works for up to 3 years with possible ban to hold certain positions or conduct certain activities OR

- confinement for up to 3 years with possible ban to hold certain positions or conduct certain activities

A foreign national, a landlord or a company worker, among others, can be found guilty of fictitious registration.

A guilty individual is exempted from responsibility in case he or she has contributed to solving the crime.
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