Responsibility in the absence of registration at the place of residence

Responsibility in the absence of registration at the place of residence

As stipulated by the Constitution of Ukraine, every citizen has the right to free movement and choice of place of residence. Such freedoms apply to all those who are on the territory of Ukraine for the legitimate reasons.

Article 6 of the Law of Ukraine “On freedom of movement and free choice of place of residence in Ukraine” defines the rules of registration of the place of residence of individuals, according to which citizens of Ukraine, foreigners and stateless persons permanently residing in the country are obliged to register their place of residence during 30 days. It is precisely this time limit that is permissible for an unpunished stay without registration if a person has changed his place of residence. So, when changing a place of residence, it is necessary within a month to cancel the registration at the old place of residence and open on a new one.

Under the current legislation, local authorities, having the authority, conduct a registration on the day the application is submitted. Now it is allowed to cancel the old registration at the same time and open a new one – it saves time considerably (citizens submit one application and pay an administrative fee for one operation).

The indicated authorities conduct registration and record information on the registration of the place of residence in the territorial demographic register, which are further located in the Unified State Demographic Registry of Ukraine.

Recall that the primary registration of the place of residence is based on the fact of birth. Parents / legal representatives register the place of residence of the child born within three months from the date of the state registration of the birthday.

Why do I need to register a place of residence? For official correspondence with citizens on taxation, notifications about the necessity to fulfill state obligations and court decisions provided by laws. Also, the place of residence is required for notarization of contracts subject to mandatory state registration. In the field of civil acts performed by individuals, these are the operations of the alienation of movable and immovable property, inheritance and contracts of donation, care, life maintenance, etc.

Article 197 of the Code of Ukraine on Administrative Offenses provides for liability for residence without registration of a place of residence.

From the beginning there is an administrative warning, and then, if these offenses are committed repeatedly within a year, it already entails a fine in the amount of one to three non-taxable minimum incomes of citizens.

Also, delay in registration of newborn children without good reason is considered a violation, which is punishable by a fine of one to three non-taxable minimum incomes of citizens, but in this case, without warning. Such a norm is enshrined in Article 212-1 of the Code of Ukraine on Administrative Offenses.

Now about the size of the non-taxable minimum. Paragraph 169.1.1 of the Tax Code of Ukraine (PCU) and Item 5 of subsection 1 of Section XX of the Transitional Provisions of the Tax Code stipulates that, in complying with the norms of administrative and criminal legislation, this amount shall equal 50% of the monthly subsistence minimum for able-bodied persons.

In the Law “On the State Budget of Ukraine for 2018”, at the legislative level, the appropriate amounts of the monthly living wage for able-bodied persons (PMPO) are determined for three budget periods:

– January 1 – July 1, PMPO – UAH 1762;

– July 1 – December 1, PMPO – UAH 1841;

– December 1, 2018 – January 1, 2019 PUMO – UAH 1921

For the same periods fines on the basis of the size of the PMPO, taking into account the rate of 50% for administrative and criminal penalties, will be the following amounts:

– January 1 – July 1: 50% IPO – UAH 881; fine in the range of 881-2643 UAH;

– July 1 – December 1: 50% of the PMPO – UAH 920.5; a fine in the range of 920,5-2761,5 UAH;

– December 1, 2018 – January 1, 2019: 50% PMPO – 960.5 UAH; a fine in the range of 960.5-2881.5 UAH.


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