Obtaining certificate of no criminal record

26.03.2021

Many people, facing the design of any permits, or simply arranged to work, asked the question - "What is a certificate about the absence of a criminal record, and where to get it?". In essence, a certificate of negligence is a guarantor of the reliability of this person, so to speak, the lack of criminal inclinations.

Many institutions and organizations, before entering into a certain agreement with a citizen, is a labor agreement, the granting loan, etc., - require it to present this document. Consider in what cases such a requirement is legitimate, and where to take the required help.

A certificate certificate is a fairly popular document. It is often required in the following situations:

When attempting employment outside the country.
To obtain permission for permanent residence abroad.
Getting a large loan loan in a commercial organization.
Registration of guardianship over minor children or over incapable citizens.
Conclusion Contract for service in power structures.
A device for work in educational organizations, where by the nature of the activity is expected to communicate with minor children.

The need to make a certificate of negligence when admitting work is regulated by Article No. 65 of the Labor Law of the Russian Federation. According to the TKRF position, documenting the absence of criminal record is required for the following employees:

Persons employed at the civil service in the administration of all levels, ranging from the municipal and ending with the federal.
For employees of power departments - the Ministry of Defense, the Ministry of Internal Affairs, the Ministry of Health, the FSB.
Customs workers.
Employees of aviation companies.
Prosecutor's Office and Investigative Committee of the Russian Federation.
Responsible specialists of the enterprises of the fuel and energy complex and heating networks.
Employees of educational institutions.
Members of the rule of a number of non-commercial organizations and cooperatives.

In the above cases, the presence of a court of criminal record is the cause of legitimate refusal when trying to employment. Moreover, legislative standards directly prohibit work in the Organization referred to in Article No. 65 of TKRF, citizens, with an outstanding or deprived conviction. And in case of condemning a person for a crime in severe criminal articles, the path to state officials, law enforcement officers, teachers or prosecutors are closed for him forever.

However, in some cases, employers are clearly abused by their responsibilities, demanding from the applicant to provide a certificate of non-support. At the same time, they argue their demand that the future worker on the occupation will have to deal with material or cash values. The provisions of labor legislation define similar requirements for the job apployer as illegal.

For example, a document on the absence of a criminal record is not at all required when a device for work in the store, banking organizations, to warehouse bases. To be more precise, the personnel department may ask a citizen to present such a certificate. But here's a refusal of employment on the basis of not the desire of a person to provide papers on the absence of criminal record is considered illegal. The only thing that the employer has the right to make is if there are several applicants to choose who will present such a document.

The document is a standard form containing a certain list of items subject to filling. The certificate contains the following information (listed in order):

Passport details of the citizen, whose name is issued document - Full name, address of the place of residence.
The name and address of finding the department of the Ministry of Internal Affairs, which issued this certificate about the absence of criminal record.
Identification number of the form of the document.
Printing department of the Ministry of Internal Affairs and the signature of the employee responsible for issuing a document.

Documents required for reference

Before referring to the certificate, you must collect a specific documentation package. It includes:

Application for issuing a document on the absence of criminal record.
The general passport and its photocopy.
For a foreigner, you will need to present a passport of your country with the translation done in Russian. The translation text must be officially certified. This can be done in the nearest embassy or consulate, as well as in a specialized agency with a relevant license.
Also for foreign subjects will need to present a document on the basis of which he lives in the Russian Federation. This is either a residence permit or permission for temporary accommodation.
Refugees must submit a document from a migration and visa service to provide relevant status.
If you changed the time with the onset of your majority of your majority or a name, then it is necessary to make a certificate of its change indicating the former FFs.

The application must be filled with clear, legible handwriting. Any spelling or factual errors can cause refusal to issue a certificate of no criminal record.

The answer to the question where to get a certificate is quite simple: it is possible to order it or directly in the nearest district police station, or in the district multifunctional center. Obtaining a document through MFC has its advantage. In this case, there is a possibility of pre-writing on the reception, with the help of a phone call, while in the Department of the Ministry of Internal Affairs you will have to defend a living queue before getting to the necessary specialist.

After submitting an application for police officers, there is a period of one calendar month to draw up and issuing the required reference. Obtaining a document that in the police department, that ITC is absolutely free. The applicant will not have to pay a state fee, nor pay for the work of state institutions. In case you are abroad, and you needed this document, you also pay only the cost of sending certificates by mail by cash on delivery.

The basic principle that acts in obtaining a certificate of the absence of criminal record is extraterritoriality. That is, a citizen can receive this document in any branch of the internal affairs, throughout the territory of the Russian Federation. The place of his permanent registration at the same time does not play any role: let's say, if the resident of Vladivostok, temporarily in Moscow or St. Petersburg, will need a certificate of the absence of a criminal record, he may apply for her to any closest regional department of the Ministry of Internal Affairs.

Often among citizens who are uningreditted in the Aza jurisprudence, the question arises - what is the validity period? Legislative standards, unfortunately, do not give a certain response on it. According to informal standards adopted in domestic office work, the time of action of such certificates is three months. Accordingly, upon presentation of this document, it is necessary to focus on this time.

Although, with a purely legal point of view, such a document should act indefinitely, if only because it displays the actual situation at the time of issuing a document. In reality, a citizen may receive a conviction and for three months that the document issued by the Ministry of Internal Affairs is formally operating.

In some cases listed in legislation, a citizen may submit a complaint against the actions of the Ministry of Internal Affairs responsible for issuing a certificate. This is permissible in the following situations:

Employees violated the dates for the registration of a citizen's petition for issuing sufficient disappointment.
Missed monthly deadline to prepare and issuing certificates.
If the specialists of the Ministry of Internal Affairs demand that the citizen additionally prevent documents not specified in the regulatory list.
When employees of the Ministry of Internal Affairs or MFC refused to accept an application and a package of related documents without proper, according to the client, grounds.
With the requirement of payment for this service.

The complaint is given directly to the immediate superiors of those employees, which allowed a violation of the regulatory regulations.