Is a driver's license an identification document?

Is a driver's license an identity document?

A driver's license is a document issued to a citizen of the Russian Federation only upon presentation of a passport; moreover, the driver's date of birth is indicated on the license and a photograph is pasted in.

But are rights a proof of identity according to current Russian legislation?

And are the actions of sellers legal when they refuse to sell alcohol and tobacco products to buyers with a driver’s license but without passports?

Where is that written?

To date, the Parliament of the Russian Federation has not adopted a federal law that would clearly establish a single, comprehensive list of documents proving the identity of a Russian citizen, as well as a foreign citizen living in the country, in any situation.

Lists of identification documents in a given situation are approved by separate regulatory legal acts (LLA).

Does a driver's license give you the right to vote?

According to clause 16 of the Law of June 12, 2002 No. 67-FZ, the documents that allow a citizen of the Russian Federation to exercise their right to participate in elections or referendums are:

• military ID, temporary certificate replacing it, or military personnel identification card;
• seafarer's identity card (sailor's passport);
• an identification document of a Russian citizen, according to which a Russian living outside his country enters Russia;
• certificate issued to persons in places of confinement (custody).

So, is a driver's license an ID from an election commissioner's perspective? Definitely not .

Traveling abroad - entering Russia

According to Art. 7 of the Law of August 15, 1996 No. 114-FZ, the following documents are recognized as identification documents of a Russian citizen when leaving the country and entering Russia:

• passport of a citizen of the Russian Federation, including a foreign one;
• service passport;
• diplomatic passport;
• seaman's passport.

So, when crossing the Russian border while driving a car, you must present one of these documents, and a driver’s license will not replace them.

How to verify citizenship

The presence of Russian citizenship in accordance with presidential decree of November 14, 2002 No. 1325 is certified by:

• “regular” or foreign passport of a Russian citizen;
• seaman's passport;
• military ID with insert or military personnel identification card;
• service passport;
• diplomatic passport;
• birth certificate.

A driver’s license for the right to drive a motor vehicle on the territory of the Russian Federation is not included in this list quite reasonably, because this document can be obtained by a person who does not have Russian citizenship.

You can't buy alcohol, you can buy tobacco

The most pressing question is whether a license is a proof of identity when purchasing alcohol and cigarettes.

The affirmative answer seems extremely logical, because the owner’s photo is pasted into the driver’s license and his date of birth is clearly indicated there, allowing him to easily determine his age.

However, the provisions of Russian regulations do not always coincide with logical conclusions.

The order of the Ministry of Industry and Trade dated April 15, 2011 No. 524, which approved the list of documents that allow determining the age of the buyer of alcoholic beverages and identifying him, includes the above-mentioned documents - for Russians and a number of documents for foreign citizens:

• passport of a foreign citizen (containing entries in Russian);
• resident card;
• TRP (temporary stay permit);
• certificate of temporary asylum;
• refugee certificate.

There are no driver’s licenses, although the Ministry of Industry and Trade planned to add them to the list in 2019.

At the same time, in the order of the Ministry of Health of Russia dated May 12, 2014 No. 215n, regulating the sale of tobacco products, a driver’s license is prescribed.

So the seller’s refusal to sell alcoholic products to a buyer with a license and without an identity card is legal, but not tobacco products.

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.

Conclusion

So, at the moment, a driver’s license does not prove identity, but only confirms the status of a person who has the legal right to drive a vehicle of a certain category.

At the same time, a driver’s license can be useful not only while driving - for example, when applying for a bank loan (including a mortgage) using two documents.

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Question on the same topic: When sending cargo (by an individual, for personal purposes) to a transport company, can a driver’s license be an identification document? Previously, passport data has already been entered into the database of this transport company.

fix it! To determine the age of the buyer of alcoholic beverages, the Ministry of Industry and Trade, in order No. 1728, listed documents proving the identity of a citizen of the Russian Federation (the 2017 list consists of 14 items), including a car license and a personalized spectator card.

Order of the Ministry of Industry and Trade of the Russian Federation (Ministry of Industry and Trade of Russia) dated May 31, 2017 N 1728 Moscow “On approval of the list of documents allowing to establish the age of the buyer of alcoholic products, which the seller has the right to demand if he has doubts about this buyer reaching the age of majority , and declaring invalid the order of the Ministry of Industry and Trade of Russia dated April 15, 2011 N 524 “On approval of the List of identification documents and allowing to establish the age of the buyer of alcoholic products, which the seller has the right to demand if he has doubts about this buyer reaching the age of majority”

Registered with the Ministry of Justice of the Russian Federation on June 22, 2017.

Registration N 47117

In pursuance of the Decree of the Government of the Russian Federation of April 6, 2011 N 243 “On the list of identification documents and allowing to establish the age of the buyer of alcoholic products, which the seller has the right to demand if he has doubts about this buyer reaching the age of majority” (Collected Legislation of the Russian Federation , 2011, N 15, Art. 2123; 2016, N 51, Art. 7384) I order:

1. Approve the attached list of documents allowing to establish the age of the buyer of alcoholic products, which the seller has the right to demand if he has doubts about whether this buyer has reached the age of majority.

2. Recognize as invalid the order of the Ministry of Industry and Trade of Russia dated April 15, 2011 N 524 “On approval of the List of identification documents and allowing to establish the age of the buyer of alcoholic products, which the seller has the right to demand if he has doubts about this buyer reaching the age of majority” (registered Ministry of Justice of the Russian Federation June 1, 2011, registration N 20920).

3. Establish that paragraph 14 of the list of documents allowing to establish the age of the buyer of alcoholic products, which the seller has the right to demand if he has doubts about this buyer reaching the age of majority, is valid until December 31, 2018.

Minister D. Manturov

List of documents allowing to establish the age of the buyer of alcoholic products, which the seller has the right to demand

if he has doubts about whether this buyer has reached the age of majority

1. Passport of a citizen of the Russian Federation, identifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation.

2. Passport of a citizen of the Russian Federation, identifying the identity of a citizen of the Russian Federation outside the territory of the Russian Federation.

3. Temporary identity card of a citizen of the Russian Federation.

4. Seafarer's identity card.

5. Diplomatic passport of a citizen of the Russian Federation.

6. Service passport of a citizen of the Russian Federation.

7. Identification card of a military personnel or military ID of a citizen of the Russian Federation.

8. Foreign passport (diplomatic, official, ordinary) of a foreign citizen or other identity document recognized as such by the Russian Federation.

9. Residence permit for a stateless person in the Russian Federation.

10. Temporary residence permit for a stateless person in the Russian Federation.

11. Refugee certificate.

12. Certificate of temporary asylum on the territory of the Russian Federation.

What documents are proof of identity?

A person receives many different documents throughout his life, but not every one of them, even with a pasted photograph, seal and signatures of officials, can be considered an identity document. You can present your student card or pension certificate in the library, clinic or public transport, but the bank will not issue you a single agreement using such documents. Everything related to legal and financial documents requires the presence of a basic identification document, and this is a passport.

Features of basic identity documents

The main document identifying a Russian citizen is his passport; it is issued in accordance with all the requirements of the Federal Law. In addition to such data as full name, date and place of birth, gender of the citizen, notes are made in the passport that are not provided for in other documents, namely:

• on registration and deregistration;
• about belonging to military duty;
• about marital status;
• about the presence of children under 14 years of age;
• on the issuance of a passport.

It is also allowed to include notes on the blood type and Rh factor in the passport, but this is not a mandatory requirement.
The main identification document must indicate the country code, as well as a machine-readable code consisting of letters and numbers. Using the code, you can request all the basic information about the owner of the document, which is available in the relevant authorities. Each document has its own unique number, which is printed on the form itself during its production in the printing house. When receiving a passport, a citizen receives his personal code, consisting of a combination of symbols. On the passport form there is an image of the national flag and coat of arms of Russia. Other symbols on forms of main documents are not allowed. Forms for the production of basic documents are made from special materials using special methods to avoid forgery. This entire process is controlled by the Government of the Russian Federation.

Documents that can serve as a substitute for a passport for a citizen of the Russian Federation

In the event that you are asked to present an identification document by a police officer on the street, you can also provide a military ID or even a student ID, because not a single regulatory legal act obliges a Russian citizen to carry a passport with him at all times. In most cases, such a document is sufficient to verify your identity. If you are on a business trip in another city, then it is better to take your passport with you so that there are no conflicts with the law.

In some cases, in the absence of a passport of a citizen of the Russian Federation, the following documents can replace it:

• For military personnel:

1. military ID in accordance with Order of the Minister of Defense of the Russian Federation No. 500 dated November 19, 2007 “On measures to implement in the Armed Forces of the Russian Federation Resolution of the Government of the Russian Federation dated November 27, 2006 N 719” and “Instructions for ensuring the functioning of the military registration system for citizens of the Russian Federation.”
2. identification card of a military personnel in accordance with Decree of the Government of the Russian Federation No. 91 of February 12, 2003 “On the identification card of military personnel of the Russian Federation.”

• For minors under 14 years of age - birth certificate.
• Ordinary citizens may be issued a temporary identity card. According to Decree of the Government of the Russian Federation No. 828, a temporary identity card (form No. 2-P) can serve as a replacement for a passport; it will be issued at your request if the passport is handed in for a replacement. According to all legal rules, such a document is equivalent to a passport until it is restored.
• For those serving in the Navy - a sailor's passport, which from 2014 will be called a sailor's identity card. The document was approved by Decree of the Government of the Russian Federation No. 1508 of 12/01/1997 “On approval of the Regulations on the seafarer’s passport”, and the new one by Decree No. 628 of 08/18/2008 “On the Regulations on the seaman’s identity card, the Regulations on the nautical book, the sample and description of the nautical book form”.
• Persons released from prison are issued a certificate of criminal record.
• Citizens who have received refugee status receive a refugee certificate in accordance with Federal Law No. 4528-1 of February 19, 1993 “On Refugees”.
• Employees of the prosecutor's office, in accordance with the Federal Law "On the Prosecutor's Office of the Russian Federation" N 2202-1 dated January 17, 1992, can use the official identification card of an employee of the prosecutor's office as an identification card.

Service, diplomatic and foreign passports, as well as a sailor’s passport, comply with international standards and can also temporarily serve as an identity document. Such documents are prepared on special forms; they have their own anti-counterfeit system.

Documents for identification in Russia by a stateless person

If you are a stateless person, then to obtain the right to reside in Russia you must obtain a residence permit, which will be a document proving your identity.

Documents that are not identification documents in Russia

If you need to conduct financial transactions or draw up legal documents, then in such a situation even a notarized copy of your passport will not be enough; a foreign passport will not be accepted from you either. These documents are not those that can serve as identification.

Various types of identification cards are not considered identification documents, for example: identification cards of an employee of the Federal Security Service or a civil servant, a lawyer or lawyer, just like a student card or pension card. Such documents only confirm the status of a person, his belonging to a particular structure or social group.

Driver's license as an identity document

On the other hand, in no regulatory legal act is a driver’s license listed as an identity document.

The question of recognizing a driver's license as an identity document remains open. There is still no federal law that could resolve this problem of contradiction between the current legislation and judicial acts of the Supreme Court of the Russian Federation.

Are driving licenses considered proof of identity in Russia?

Many motorists who have received a driver’s license in accordance with the procedure established by the law of the Russian Federation are wondering about the possibility of using it not only when driving. Is a license a proof of identity? In fact, such a document can be considered as such, but there is no clear distinction on such points in legislative acts. In this regard, drivers often try to use their rights in other authorities - in a medical institution, in a store when buying alcohol, in the municipality, and having received a refusal, they try to defend their case.

What is a full-fledged identity document?

Citizens and persons living on the territory of the Russian Federation have a fairly large number of documents, each of which they use in certain situations, confirming their identity, existing rights, benefits, age, status, etc. This may include an internal passport of a citizen of the Russian Federation, temporary residence permit, residence permit, refugee certificate, driver’s license, student card, health insurance policy, etc. Many of them contain a photograph of the subject and it would be logical to provide the opportunity to verify their identity in any situation.

In practice, it happens in a slightly different way. Based on the decree of the President of the Russian Federation of 1997, the only document that can be equated to a universal identity card is a person’s civil passport. It does not depend on whether the person presenting the document is a citizen of the Russian Federation. Until the subject reaches the age when a passport can be obtained, he proves his identity with a birth certificate or an international passport used when traveling outside the Russian Federation. For citizens of the Russian Federation, this age occurs when they turn 14 years old.

What does the law say about driver's licenses?

When discussing a driver's license, it is impossible to make reference to any piece of legislation or regulation that would define the license as an identity document. In parallel with this, the Civil Code, Tax Code, and Administrative Code also do not contain any information regarding the fact that a driver’s license can be used in other instances and situations other than applying to the traffic police or presenting it to employees of this body.

Special cases of identity cards

Considering individual situations in which a citizen of the Russian Federation may try to apply rights, we can note the following:

• A driver's license is the only document confirming a citizen's right to drive a vehicle of a certain category. When a car is stopped by traffic police officers and a request is made to present documents, the motorist may not show a passport, limiting himself to only a driver’s license;
• When applying for an insurance policy that is directly related to the driver’s vehicle (MTPL, CASCO, DSAGO, etc.), driving license alone will not be enough for identification. Any representative of the insurance company will ask the motorist to present his passport;
• Likewise, when interacting with financial organizations, for example, when applying for a loan, rights cannot be used instead of a passport. At the same time, they are quite often used as a second document - for these purposes it is suitable in all respects;
• When participating in elections, attempts to obtain a ballot will be refused by representatives of the election commission, since only a passport can be used for these purposes;
• Many drivers are interested in the opportunity to verify their age when purchasing cigarettes or alcohol when the seller has doubts about the legality of selling such goods to him. According to the legislative acts of the VU, the list of documents that can be presented to purchase alcohol is not included. You can use a Russian or foreign passport, refugee ID, residence permit, temporary residence permit. But in relation to tobacco products, the law and individual acts do not provide such information, so theoretically the rights should be accepted by employees of retail outlets;

Sometimes you have to confirm your identity in other institutions - at the post office, at the MFC, at a medical institution, at the embassy of another country. In all such organizations, employees are not required to accept a driver's license. In this regard, it is better to have a passport with you, which is fully suitable for identification and is universal in any institutions and organizations.

Is a license a proof of identity?

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?

Unfortunately, in 2020 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.

Passport of a citizen of the Russian Federation

Regulations “On the passport of a citizen of the Russian Federation”:

1. A passport of a citizen of the Russian Federation is the main document identifying a citizen of the Russian Federation on the territory of the Russian Federation (hereinafter referred to as a passport).

The regulation clearly states that a passport proves identity. The passport is a universal document and is accepted everywhere.

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).

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.

Documents when communicating with the traffic police

Issue or replacement of rights

21. List of documents submitted by applicants:

21.2. Passport or other identification document.

In this case, it is allowed to provide another identification document. For example:

• Temporary identity card, which is issued when replacing a passport;
• Identity card of a Russian military personnel;
• Passport of a foreign citizen;
• Refugee certificate.

Registration actions with the car

15. List of documents submitted by applicants.

15.2. Identity document.

15.2.1. Citizens of the Russian Federation provide a passport of a citizen of the Russian Federation.

If there are no records of registration at the place of residence in the passport, they must also submit a document confirming registration at the place of stay.

If the owner of the vehicle is a citizen of the Russian Federation who has not reached the age of 14, his birth certificate is presented.

Please note that in this case it is clearly stated that citizens of the Russian Federation can only provide:

• passport;
• birth certificate.

Let's look at an example. Let Vasily turn 45 years old on March 7, 2018 and apply for a new passport. At the same time, he was issued a temporary identity card.

However, such a certificate cannot be used when registering a vehicle with the traffic police, because This document is not included in the regulations. That is, Vasily will be able to register the car only after he is issued a new passport.

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.

Stopping a car by a traffic police officer

106. The grounds for checking documents required to participate in road traffic are:
.
107. The grounds for checking citizens’ identity documents are:
.

Paragraph 106 deals with the documents required to participate in road traffic. This is what a driver's license refers to.

Paragraph 107 deals with identification documents. Specific documents are not named, so any suitable document (passport, military ID, etc.) can be used. Naturally, a driver's license is not suitable for this, because... it does not prove identity.

This article discusses only the procedures that apply to drivers and vehicle owners. However, there are other cases where only certain identification documents may be used.

For example, for registration at the place of residence (at the place of registration) only the following can be used as an identification document:

• passport;
• birth certificate (for persons under 14 years of age);
• international passport (for persons permanently residing abroad).

In any case, you need to keep in mind that a passport is the main identification document and can be used absolutely everywhere. However, if you temporarily do not have a passport, then you need to be prepared for the fact that government agencies or private organizations may refuse to provide certain services.

Driver's license as an identification document

Every car enthusiast or professional driver perceives his driver’s license as an identity document. And how could it be different if, when a traffic police officer stops a vehicle, you will first be required to present your driver’s license. And it is the responsibility of the person managing the transport to do this.

However, from the point of view of current Russian legislation, a driver's license is not an identity document. It is impossible to carry out banking transactions using them. And yet, there are a number of situations when such a document is useful not only while driving.

Basic identification document

In our country, the main document proving the identity of a citizen of the Russian Federation is a passport (clause 1 of the Decree of the President of Russia “On the main document proving the identity of a citizen of the Russian Federation on the territory of the Russian Federation”).

A passport of a citizen of the Russian Federation can be national (for identification within the country), as well as international (for identification outside Russia). Having a passport also certifies the fact of belonging to the citizenship of the Russian Federation, and, therefore, guarantees the protection of the state. The diplomatic passport, seaman's passport and service passport have similar properties. The identity of children (under 14 years of age) is verified on the basis of a birth certificate.

Substitute documents that also prove identity, in accordance with election legislation, are a military ID, a temporary identity card of a citizen of the Russian Federation (issued for the period of registration of a passport), a certificate of the established form for suspects and accused. As you can see, a driver's license, as an identification document, is not included in this list.

In certain cases, police officers are given the right to check identification documents. Numerous raids and various special events provide a legal basis for making such a requirement. However, the mere absence of documents is not an administrative offense or a crime, that is, it does not provide grounds for any punishment. At the same time, the absence of identification documents on oneself may result in administrative detention for up to 3 hours until the identity is established.

When is it necessary to present the main document?

Situations when legal actions are performed by citizens only upon presentation of a passport are determined by relevant laws and other regulations. Such situations include:

• legal proceedings,
• carrying out notarial actions, incl. certification of general powers of attorney and other documents,
• civil registration,
• acts by proxy,
• hiring and dismissal from work,
• Money transfers,
• registration of pensions,
• issuance of a military ID, driver's license, foreign passport, etc.

Surely, an identification document will be required when concluding various types of contracts, registering real estate transactions, or receiving government services. In such cases, the driver's license will not be accepted as an identification document.

Why can rights be considered an identity document?

Establishing a person’s identity is required not only to obtain government services. For example, a police officer stopped me. Can you show him just your driver's license? Yes. Such a document allows you to accurately identify your person, and, if necessary, establish information about you as a citizen through the body that issued you the identification document. You can obtain a driver's license only upon presentation of your passport. By the way, like an international driver's license.

Such a document contains a photograph, full last name, first name, patronymic, other data required to be indicated in this category of documents, the full name of the body or institution that issued the document, and its validity period. The document must be certified by the seal and signature of the head (official) of the organization that issued it.

In addition to driving licenses, you can use student ID cards, veteran ID cards, and pension ID cards. Certificates of organizations, enterprises and firms must have complete information about their name, exact address and telephone number.

Driver's license as an identification document

Despite the fact that there is no federal law in the Russian Federation that would call a driver's license an identification document, there are a number of by-laws that approve this. Among them are the ruling of the Supreme Court of the Russian Federation (No. GKPI06-1016), orders of the Ministry of Taxes and Duties of the Russian Federation, some acts of the Ministries of Foreign and Internal Affairs of the Russian Federation and others. This indicates that many government agencies recognize that a driver's license can be considered a citizen's identity document.

But it is impossible to carry out a banking transaction using a driver’s license, since the Central Bank of the Russian Federation does not recognize them as a document capable of identifying the client.

Thus, a driver's license, as an identity document, can be regarded, but with a limited scope. For example, it cannot be used to obtain government services.