Good afternoon, dear reader.
A driver's license is a document containing detailed information about the driver of a vehicle. In this regard, the question arises, is a license a proof of identity and can it be used instead of a passport?
This article will talk about identity documents, as well as their use when participating in road traffic:
- What documents prove your identity?
- Passport of a citizen of the Russian Federation.
- Driver's license.
- Temporary identity card when replacing a passport.
- Documents when communicating with the traffic police: issuance or replacement of rights;
- registration actions with the car;
- stopping a car by a traffic police officer.
Let's get started.
What documents prove your identity?
Unfortunately, in 2021 in the Russian Federation there is no single regulatory act that would establish a list of identity documents.
That is, if you want to find out, for example, whether a police officer’s service ID is an identity document, then you should find a regulatory document related to service IDs.
The same applies to any other document containing information about its owner.
Therefore, within the framework of this article, several regulations will be considered at once.
When can a license be used as proof of identity?
The second document, which can be not only a driver’s license, but also a pension certificate, student ID, military ID and a number of other documents, is used for the reason that passports are often counterfeited. Therefore, banks or other organizations are simply reinsuring themselves in this way.
But, for example, it will not be possible to carry out various financial transactions in a bank using rights alone. However, there are a number of exceptions here related to foreign currency transactions or the receipt of certain types of checks.
Driver's license
Federal Law “On Road Traffic Safety”, Article 25, paragraph 4:
4. The right to drive vehicles is confirmed by a driver’s license.
The Law “On Road Safety” and other related regulations only say that the license confirms the right to drive vehicles. Those. A driver's license is not an identification document.
Note. Nevertheless, a driver's license can be used as a document to determine the age of the buyer of alcoholic products (Order of the Ministry of Industry and Trade No. 1728 of May 31, 2017).
The question is really ambiguous
Contrary to the listed regulations, a driver’s license is still recognized as an identity document by certain by-laws:
- the definition of the State Committee for Personal Inspectorate 06-1016 of the Supreme Court of the Russian Federation, which states that a driver’s license contains all the details necessary for identification of a citizen;
- determination of CAS 06-547 of the Cassation Board of the Armed Forces of the Russian Federation;
- by order of the Ministry of Taxes and Taxes of Russia dated February 12, 2003 No. BG-3-13/59;
- some acts of the Ministry of Internal Affairs and the Ministry of Foreign Affairs of the Russian Federation.
But even the Supreme Court’s ruling does not resolve the question of why rights are not proof of identity—especially since the document does not spell out what specific details that allow identification are being discussed.
Temporary identity card when replacing a passport
Regulations “On the passport of a citizen of the Russian Federation”, paragraph 17:
Before issuing a new passport, a citizen, at his request, is issued a temporary identity card by the territorial body of the Ministry of Internal Affairs of the Russian Federation, the form of which is established by the Ministry of Internal Affairs of the Russian Federation.
Replacing a passport of a citizen of the Russian Federation takes up to 30 days. If you require an identification document during this period, you should obtain a temporary identity card from the Ministry of Internal Affairs. It will be issued only if you express a corresponding desire.
Please note that although this document is an identification document, it is not a complete replacement for a passport.
For example, if the regulations of the Ministry of Internal Affairs say that an identity card is required to replace a license, then a temporary certificate will do.
However, if the regulations say that only a passport is needed, then government agencies will not accept any replacement.
They planted the number
Such an explanation is being prepared by the Plenum of the Supreme Court, the draft decision of which is at the disposal of the editors. It also explains the difference between a forged document and a forged document, and what constitutes a counterfeit registration plate. These are important definitions, especially when qualifying cases such as theft or the use of a forged or forged document, as well as a registration plate.
— The resolution of the Plenum of the Supreme Court of Russia contains important clarifications concerning various aspects of crimes that are in one way or another connected with false documents. For example, it is clarified which documents need to be given the status of important,” explained Vladimir Gruzdev, Chairman of the Board of the Russian Bar Association.
He noted that, according to the Judicial Department of the Supreme Court of Russia, last year 1,038 people were convicted of stealing a citizen’s passport or other important document. This year, 361 people were convicted of the same crime.
Let us remind you that theft of an important personal document is punishable by a fine of up to eighty thousand rubles, or arrest for up to three months. But this is not theft of an official document, for which higher liability is provided.
Official documents include those that can entail legal consequences in the form of the granting or deprivation of rights, the imposition of obligations or exemption from them, changes in the scope of rights and obligations. For example, a driver's medical certificate gives a person the right to take an exam and obtain a driver's license. Illegal sale or acquisition of such documents is punishable by a fine of up to eighty thousand rubles, or even arrest for up to three months. And their counterfeiting is punishable by imprisonment for up to two years.
Knowingly forged documents include any forged documents certifying legally significant facts, with the exception of fake citizen’s passports, identification cards or other official documents. A sales contract or, for example, a diagnostic card may be fraudulent. The penalty for using a forged document is several times lower - a fine of up to 80 thousand rubles or arrest of up to six months.
The use of an authentic document that has expired does not constitute a crime.
By counterfeiting a registration plate we mean making it at home or making changes to it that distort the symbols and allow it to be read differently. Not to be confused with forgery. This is when a normal, non-fake sign is used, but does not correspond to the registration documents.
Let us recall that earlier the Plenum of the Supreme Court gave exactly the same explanation of what is considered a counterfeit registration mark for administrative proceedings. Previously, there was a practice when people themselves tinted numbers worn out by time so that they could be read. And then they were accused of forging signs. But the reading of the number did not change as a result of the coloring. This means the number is genuine. And there is no reason to bring the motorist to administrative or criminal liability.
Documents when communicating with the traffic police
Issue or replacement of rights
Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for conducting examinations for the right to drive vehicles and issuing driver’s licenses, paragraph 28:
28. To receive public services, applicants submit:
28.2. Identification document of the applicant.
Citizens of the Russian Federation present a passport of a citizen of the Russian Federation or a temporary identity card of a citizen of the Russian Federation.
This paragraph directly states 2 documents that can be submitted to the traffic police:
- passport;
- temporary identity card;
Note. Until April 1, 2021, the previous version of the regulations was in force, which allowed for the provision of other identification documents.
Registration actions with the car
Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of state services for registration of vehicles, paragraph 27.2:
27. To receive public services, applicants submit documents provided for in Article 15 of the Federal Law:
27.2. A document certifying the identity of an individual who is the owner of a vehicle, and in the case of an application from a representative of the owner of the vehicle - also a document certifying the identity of the representative of the owner of the vehicle and a document confirming his authority. … 27.2.1. Citizens of the Russian Federation present a passport of a citizen of the Russian Federation or a temporary identity card of a citizen of the Russian Federation. … 27.2.4. If the owner of the vehicle is a citizen of the Russian Federation who has not reached the age of 16, his birth certificate must be additionally submitted.
Please note that in this case it is clearly stated that citizens of the Russian Federation can only provide:
- passport;
- temporary identity card;
- birth certificate.
Let's look at an example. Let Vasily turn 45 on February 6, 2021 and apply for a new passport. At the same time, he was issued a temporary identity card.
From January 1, 2021, such a certificate can be used when registering a vehicle with the traffic police, that is, Vasily can register the car without any problems.
Until the end of 2021, a temporary identity card was not included in the registration regulations. That is, if the same situation had occurred in 2019, then Vasily would have had to wait until he was issued a new passport. Only then could he contact the traffic police.
As for foreign citizens, when carrying out registration actions they can use a passport of a foreign citizen or another document identifying the foreign citizen.
Identity documents
In Russia there are a number of federal laws, presidential decrees and other regulations that define documents that can fully identify a person in specific situations.
For example, the status of a Russian citizen who has the right to vote can be confirmed by the following documents (Federal Law No. 67-FZ of June 12, 2002):
- civil passport of the Russian Federation;
- temporary passport issued for the period of registration of a permanent document (form No. 2-P);
- seaman's passport;
- military ID;
- temporary certificate of military registration (if the military ID has not yet been issued);
- foreign passport of a citizen of the Russian Federation;
- certificate of a person in custody, that is, an accused or suspect.
In case of entry or exit from Russia, the following papers will be required, which are considered an identity document (Article 7 of Federal Law No. 114-FZ of August 15, 1996):
- passport of a citizen of the Russian Federation;
- seaman's passport;
- diplomatic passport;
- Identity card of a civil servant of other government departments.
The following documents can confirm Russian citizenship on the basis of Decree of the President of the Russian Federation No. 1325 of November 14, 2012:
- passport of a citizen of the Russian Federation or passport of the USSR;
- seaman's passport;
- passport of a diplomat or other government official;
- military ID;
- birth certificate in Russia.
The same list of documents, in accordance with Order of the Ministry of Industry and Trade No. 524 of April 15, 2011, confirms a person’s right to buy alcohol and tobacco products if he has reached the appropriate age. In addition, you can buy alcohol and cigarettes using the following documents:
- passport of a foreign citizen;
- temporary passport of a Russian citizen;
- residence permit in Russia;
- driver license;
- temporary residence permit on the territory of the Russian Federation;
- other documents containing a number of mandatory details (including photograph and date of birth).
It turns out that driver’s licenses are not mentioned in any federal acts or other similar laws. But they often appear in acts and orders of various departments and ministries, playing their role in some special situations.