The employer does not have the right to confiscate the employee's passport, therefore, if he does not hand over the original document, he must inform law enforcement authorities with a statement about its loss and begin issuing a new identity card.
It is advisable to immediately contact law enforcement agencies. After all, you cannot be sure that your passport will not be used for dishonest purposes. For example, sign a document on behalf of a citizen.
If unpleasant situations arise, you will have to prove that the former employee has nothing to do with them, and other people had his passport.
Does the employer have the right to take and retain the employee’s passport?
An employee’s passport is a document proving his identity on the territory of Russia. All citizens over 14 years of age are required to have it.
Confiscation of an employee’s passport is prohibited in accordance with paragraph 22 of the Passport Rules. The document may be seized by the police and customs authorities in strictly limited cases. For example, when a citizen who has the status of an accused in a criminal case, convicted of a crime, or evading court-imposed obligations is prohibited from traveling abroad.
In accordance with Article 65 of the Labor Code of the Russian Federation, a passport is presented to the employer upon hiring. A copy of it must be made to be included in the employee’s personal file. The original document is returned to the owner.
Seizure of falsified passports
Since falsification of documents is a criminal offense, a falsified passport is confiscated from a citizen not as a document, but as material evidence.
During the investigation of a criminal case, the passport is sent for examination, which gives an opinion on whether the passport is counterfeit.
The seized falsified passport is attached to the criminal case. When passing a sentence, the judge decides in his sentence the fate of the material evidence included in the case. As a rule, material evidence that is of no value is destroyed.
What to do if the employer does not give the employee a passport
Not all employees know that the employer does not have the right to retain the passport. If a citizen is faced with a dismissal situation, he can try to solve the problem peacefully by contacting management.
It is advisable to write the application and submit it through the secretary so that the document is registered in the newspaper. The employer is obliged to respond to the request and return the passport.
Along the way, it is convenient to save all correspondence via courier that is conducted with HR department employees regarding the return of documents. It may contain information confirming that the document is in your possession.
applications to the employer for the return of the passport
If the employee’s requirements are not met, it is advisable to record the explanations of the HR department employees on a voice recorder. The registry can be useful when contacting law enforcement authorities in the event of an illegal loan in the name of a former employee or other transactions using your passport.
Is it legal to take away a passport at the military registration and enlistment office and what to do in such cases
A passport is a document that identifies a citizen of the Russian Federation and is necessary when compiling a conscript’s personal file. Therefore, the document must be presented during a visit to the institution, but its withdrawal is considered an illegal act.
After the distribution has been made, the passport is returned to the owner, and a temporary certificate may be issued for the duration of the service.
If the passport was confiscated at the military registration and enlistment office, then in this case the legal norms of Government Decree No. 719 of 2006 are violated, which requires disciplinary action.
When considering the question of what to do in such a situation, you must first find out exactly where the passport is located when performing the following actions:
- oral appeal to the head of the military registration and enlistment office;
- sending a written report addressed to the head of the institution.
In such cases, the document must be returned to the owner, and it can be kept at home while the conscript is serving in the army.
Where to go if your employer withholds your passport
Simultaneously with contacting the employer, it is necessary to submit an application to law enforcement agencies. This is necessary to correct the fact that your passport has been lost. In fact, while the document is in the possession of other people, it can be used for dubious purposes.
You should contact the department of the Ministry of Internal Affairs at your place of residence. The algorithm of actions is as follows:
- An application for loss (theft) of a passport is submitted. The secretary issues a coupon confirming the registration of the application.
- Documents are being prepared for issuing a new passport. An application is filled out, which is accompanied by marriage and birth of children, military registration documents, an application submitted to the Ministry of Internal Affairs with a coupon, and photographs.
- For issuing a passport to replace a lost one, a state fee of 1,500 rubles is paid.
- Documents for issuing a passport are submitted to the migration department of the Ministry of Internal Affairs at the place of residence. When a document is produced, a document acceptance certificate or a temporary certificate may be issued.
A new passport is issued after 10 days if it was originally issued by the same department. When applying to another migration department, the period for issuing the document is 30 days.
Seizure of passports obtained in violation of the law
Passports, although valid, are subject to unconditional confiscation, but issued in violation of the issuance procedure established by Order No. 178 of the Federal Migration Service of the Russian Federation dated March 11, 2014. Violation of the procedure for issuing or replacing passports means:
- provision of false information by a citizen;
- provision by a citizen of false documents necessary to obtain a passport;
- issuing a passport to a person who is not a citizen of the Russian Federation;
- issuing a passport to a person who already has a valid passport;
- issuance of a passport to a person in respect of whom the authorized body has canceled the decision to acquire Russian citizenship on the basis of a court ruling establishing the fact of using forged documents or reporting knowingly false information when acquiring Russian citizenship.
How to prepare a statement to law enforcement agencies
The theft request is free of charge and can be typed on a computer or written by hand. The text says the following:
- name of the department of the Ministry of Internal Affairs and its address;
- Full name of the citizen, his address and telephone number;
- description of the circumstances under which the passport was lost;
- information about the employer who owns the document;
- application for recognition of the passport as lost;
- list of applications;
- date and signature.
The application is drawn up in two copies, one for presentation to the police, and the other for storage.
statements to the police about the loss (theft) of a passport
Registration through the State Services website
All documents can be submitted through the State Services portal - it’s faster and more convenient.
In addition, you do not have to stand in lines and fill out paperwork by hand. First, you will need to enter the data from these documents on the website, and then, when the application is registered and you pay the state fee, personally bring the originals for verification. This method will also save you 30% of the cost of state duty - only portal users have this opportunity on the basis of paragraph 4 of Article 333.35 of the Tax Code of the Russian Federation. The state fee can be paid at a discount on the portal using a bank card, through an electronic wallet or mobile operator.
Important: if your passport is lost or stolen, you cannot submit an electronic application - you need a personal visit.
The second time you come to pick up your document, a notification about readiness will appear in your personal account on the State Services portal.
What documents should be attached to the application?
Documents regarding the circumstances of your loss must be attached to the application for the loss of your passport. The list includes:
Citizens often take no action to collect evidence. Therefore, the application can be submitted without the documents listed above. In this case, the passport is simply recognized as lost. There will be no negative consequences for the employer.
Based on the request received, law enforcement agencies are conducting an investigation. The employer's employees and the manager are invited to provide explanations.
Receiving (replacing) a passport
If you are making a passport for your child:
- receipt of payment of state duty;
- the child’s birth certificate (if he is between 14 and 18 years old - his civil passport);
- parent's civil passport;
- act of the guardianship and trusteeship authority on the appointment of a guardian or trustee (if any);
- The presence of the child is required for photographing.
If you receive a passport when you are over 18 years old:
- receipt of payment of state duty;
- passport of a citizen of the Russian Federation;
- international passport (if you have one and have not expired);
- certificate of change of surname, name or patronymic (if these data have changed);
- military ID (if available).
Important: if you are preparing an old-style document, you must provide four color or black and white photographs measuring 3.5x4.5 cm.
You must also provide information about your place of work or study for the last 10 years.
Frequently asked questions and their answers
What to do if documents for a new passport have been submitted, but the old employer has submitted them? At the moment, an application has already been submitted for the loss of the passport and obtaining a new one. Therefore, it is worth waiting for it to be issued. And the old passport is no longer valid. Upon receipt of a newly issued identity card, the old one can be returned to the migration department. What responsibility does the employer bear for withholding the passport? For illegal seizure of a passport, the employer will be held liable under Article 19.17 of the Code of Administrative Offenses of the Russian Federation. An administrative fine in the amount of 100 to 300 rubles is imposed on him. What to do if the employer does not give the work book along with the passport? It happens that in addition to the passport, the employer keeps a work book, which is a violation of labor legislation. If such a situation arises, simultaneously with the application to law enforcement agencies, it is necessary to file a complaint with the labor inspectorate. Based on the complaint received, an unscheduled inspection will be carried out and the employer will be held accountable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
What to do if your passport is confiscated...
July 27, 2010
If your passport is confiscated You can often observe the following picture: a police officer, after a quick look at the documents, does not return them back to the citizen, but puts them in his pocket. After this, the “detainee” is asked to go into the car or to the police station to draw up a report or pay a fine, and away from prying eyes they simply “knock out”, often literally, 100-300 rubles. From the following Algorithm you will be able to learn how to protect yourself from such precedents, what you need to do when checking documents, and what liability you face for the illegal seizure of your passport.
In what cases is the seizure of a passport legal? 1. If the passport was issued in violation of the established procedure (the citizen provided false information, was not a citizen of Russia at the time of receipt of the document, did not pay the state fee, issued a passport not at his place of residence) or was issued on a lost (stolen) form. 2. If the passport belongs to a person detained or sentenced to imprisonment. In such cases, the document is temporarily seized by the preliminary investigation body and deposited in the archive, and in return a certificate of the established form is issued.
Who has the right to confiscate a passport Confiscation of passports (other identification documents) is carried out by the internal affairs body of the Russian Federation, the Federal Migration Service or its territorial body that has identified such a passport (see paragraphs 1, 2). It follows from this that no other entity (be it an employer, military commissar, hostel commandant, librarian, etc.) or other government or local government body has the legal right to confiscate a passport. Other identity documents that replace a passport on the territory of the Russian Federation: • temporary identity card of a citizen of the Russian Federation, issued for the period of registration of the passport (in the case when the latter was stolen, lost or is being processed at the request of the owner) • identity document of a citizen of the Russian Federation , by which a citizen of the Russian Federation enters the Russian Federation in accordance with the federal law regulating the procedure for leaving the Russian Federation and entering the Russian Federation (for persons permanently residing outside the territory of the Russian Federation) • seafarer’s passport (sailor’s identity card) • identity card identity of a military personnel or military ID for persons who are serving in military service.
What should you be given in return for your passport? When confiscated, you must be issued an act of confiscation of your passport (other identification document), drawn up in two copies in any form. The act indicates the date, place of drawing up the act, position and surname of the person who drew it up, information about the person in whose name the passport is issued, the series and number of the seized passport, as well as the reason for its seizure. Such an act is signed by the person who drew it up and approved by the head of the internal affairs agency or the head of a division of the Federal Migration Service. The presence of attesting witnesses or witnesses when drawing up the act is not provided. As a rule, when a passport is illegally confiscated, the “offender” tries to get by without a written protocol on the confiscation. Be sure to demand the drawing up of such an act!
How documents should be checked A police officer or Federal Migration Service must introduce himself. In any case, before you start a substantive conversation with the law enforcement officer, before you present documents to him, you need to record his data (it’s best to write it down on a piece of paper). A vaguely pronounced title and surname, without mention of position, especially his overly excited state should immediately alert you: most likely, the employee is trying to hide his data to make it difficult for him to subsequently identify him and possibly appeal his actions. You have every right to say why they want to confiscate your passport. The law enforcement officer is obliged to explain and justify his actions. These answers must also be well recorded (written down). We advise you to request their return after reviewing your documents. Even if you are taken to the police station, your passport must be in your personal possession.
NOTA BENE All of the above also applies to citizens of other countries; first of all, it is important for citizens of the CIS to know this. Their passports are the property of other states. Therefore, citizens of the CIS, regardless of what the Russian police accuse them of, need to write a complaint to the Prosecutor's Office of the Russian Federation and to the consulates of their countries.
If your passport is nevertheless confiscated If you are not in custody and received your passport in the prescribed manner, but it was still confiscated, you have the right to file a complaint with the boss, the head of the unit of the structure whose representatives the passport was confiscated, or with the prosecutor's office. In your complaint, describe in detail: where, how and under what circumstances you lost your documents. Indicate who took your passport and on what grounds this was done. This is where the previously recorded data comes in handy. It is easier and more reliable to submit a complaint (application) to the office in person. To do this, prepare two copies of the application so that they are marked with the number of incoming correspondence, the date and signature of the official who accepted it. Under no circumstances should you put your application in the “For Citizens' Appeals” box! It is unknown how soon it will be removed from there and to whom exactly it will go. Do not listen to the advice of office managers that applications should be placed in the above boxes; demand that they register your application in front of you. You can also send your application by mail, but be sure to include a receipt. You also have the right to go to court at the same time. If, nevertheless, your passport was confiscated without recording this in writing, and they promise to return it in a few days, for example, at the police station, then in this case we still recommend appealing the illegal actions of the violators.
Responsibility for the seizure (theft) of a passport For the illegal seizure of a citizen's identity card (passport) or the acceptance of a citizen's identity card (passport) as collateral, administrative liability is provided for officials carrying out such actions. Illegal seizure by an official of a citizen’s identity card (passport) shall entail the imposition of an administrative fine in the amount of one hundred to three hundred rubles. Accepting a citizen's identity card (passport) as collateral entails a warning or the imposition of an administrative fine in the amount of one hundred rubles. In addition, for the deliberate illegal seizure or theft of a citizen’s passport, severe criminal liability is faced - both in the form of hefty fines, arrest or correctional labor (clause 2 of Article 325 of the Criminal Code of the Russian Federation). This should not be forgotten, including by close relatives of citizens, who sometimes “with the best intentions” steal documents from their children so that they “don’t make a mistake” - for example, they don’t leave home or get married.
Can they be drafted into the army directly from the military registration and enlistment office?
Many people are interested in the question of whether they can enlist in the army directly from the military registration and enlistment office. This situation is impossible, since after a medical examination the conscript receives the appropriate category of suitability and only receiving a summons indicating the reason for the urgent conscription can mean appearing at the institution for distribution fees.
Therefore, in order to receive a summons, a conscript must first be registered with the military and have a fitness category that provides for military service.
Is your passport taken away during military service?
Many people of military age are also interested in the question of whether they can pick up their passport during their service. Such actions are also considered illegal, so the owner of the document can only hand it over at his own request.
After the expiration of the service period, the passport is returned to the conscript, or he can calmly wound him at home with close relatives. Deliberately confiscating identification and ignoring requests for passport age is a violation of the law and requires a certain type of responsibility.
