INSTRUCTIONS AND PROPHECIES OF THE Blessed MOTHER ALIPIA GOLOSEEVSKY, Kyiv...
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We all live in a society. Communication with other people is a daily affair. The rules of communication have a number of recommendations in relation to how exactly the process of interaction with other people should take place. First of all, we must live in such a way that we do not interfere with others.
Unfortunately, not everyone adheres to this principle. Sometimes we become hostages of the situation and suffer from the actions of those around us. First of all, this applies to neighbors. Each of us has people who live in the nearest house, apartment. How to be in the case when such people interfere with us? To do this, today the legislator is allowed to file a special complaint. We will discuss how best to do this and who needs to be contacted below.
Today every citizen has great amount rights that end exactly where the possibilities of another person begin. We live in a civilized world where there are certain limits of behavior. In addition to the fact that they are dictated by culture, there is also a normative-legal fixation.
Some citizens allow themselves too much. Often they do not think that their actions interfere with someone else. But, innocent people suffer from it. Neighbors are a category of citizens with whom a person interacts almost every day. It is good when such people are respectable and respect public morals. But, not everyone is like that.
Constant noise through the wall, loud music, unsanitary conditions and many other factors can cause dissatisfaction on the part of residents. Why should our neighbors suffer if one of us does not respect the peace of others?
In the event of violations, each person has the full right to file a special complaint with the authorized bodies. This opportunity becomes an integral part of the existence of society and is fixed in the regulatory framework.
The first question that quite logically arises for everyone who is faced with neighborly lawlessness: who to go to for help? Today, this problem can be solved in several instances. It all depends on the nature of the violation.
First of all, most simple option will be a clarification of relations directly with a neighbor. To do this, just knock on his door and try to resolve the issue through dialogue and peacefully. If the behavior of a citizen interferes with several residents, general meetings can be convened. Thus, the neighbors solve all misunderstandings and problems on their own, without involving third parties.
But, as practice shows, recently this method has become less popular. It is rare that people can manage their own relationships. In this case, there is nothing left but to turn to the state for help.
You can file a complaint against your neighbors at:
At the same time, each individual situation, depending on the disagreement, requires an appeal to a specific authority. You need to file a complaint against neighbors only after you decide on the body that will take up the solution to the problem. Therefore, we will consider in what situations and where you need to apply in more detail.
The most common reason for complaining about neighbors is their noisy behavior. Probably, each of us at least once faced with loud music behind the wall, the screams of neighbors, the noise of a drill or a hammer drill, etc. Sometimes, unfortunately, people forget that they are not in the house themselves and by their actions prevent others from resting.
Especially for this purpose, a number of special rules and norms are enshrined in regulatory and legal acts, which quite strictly and clearly regulate the noise level in certain time. So, the legislation provides that from 11 pm to 7 am, each of us must adhere to the framework of 30 decibels. Nighttime is meant for sleep and we should all respect the peace of the people around us. Therefore, maintaining such a framework is mandatory.
How do you know how much noise they make? To do this, today there are special devices that measure the sound level. But, the very fact of violation can be fixed without it. If a neighbor systematically disturbs the peace of the night with screams, music or other sounds, you can ask for help, because in order to understand that a citizen sometimes disturbs the order special devices not required at all - screams for the whole house, music that everyone hears - good reasons.
In this case, as a rule, a complaint is made against the neighbor to the district police officer. It is the internal affairs bodies that have the prerogative to consider issues of exceeding the permissible noise level. In this case, it is worth knowing a few nuances.
First of all, if there is a fact of violation and the neighbors do not react to your comments in any way, call the police and complain about the noise. In this case, employees of the internal affairs bodies will come and fix the problem.
Also, if such violations are systematic, and the neighbors do not respond either to the remarks of the cohabitants, or to calling the police and warning them, you need to write a special statement - a complaint against the neighbors.
Such a document is drawn up specifically in order to deal with the matter more seriously. In addition, this option is also used when a direct appeal to the district police officer to eliminate the problem did not give any result due to his inaction. A complaint can be written both on behalf of one neighbor, and on behalf of a certain group of residents of the house, which is disturbed by noisy neighbors. So, the legislation today provides for the option of a direct group appeal and, as practice shows, this method gives the most satisfactory results. Therefore, before contacting the internal affairs bodies, talk to other residents of the house and find out if anyone else has a claim.
How to write a complaint about neighbors? To do this, you need to follow several simple rules. First of all, decide on the option of treatment - individual or collective. Next, decide who exactly will be the addressee. As we found out, in the case of noisy behavior, this is a district police officer or an internal affairs body. It should be understood that even if you send an application addressed to the head of the department, it will still be submitted to your district police officer for consideration. Therefore, experts recommend immediately writing a complaint addressed to him. The exception is situations when the application is received due to the inactivity of such an employee.
An example of a complaint against neighbors today can be quite easily found on the Internet. In addition to the fact that we offer to download from us the following application:
Consider the content of the document itself, since it will be the basis for the consideration of the case.
And so, first of all, in the upper right corner they write the name of the body or position of the person being addressed. Next comes an indication of who was directly the victim of the noise of the neighbors. In addition to the full name, be sure to enter the address of your home and contact phone number. It should be understood that an indication of who seeks help should be mandatory.
Sometimes, some do not want to spoil their "reputation" and sign up for a complaint. But, modern normative legal acts do not allow law enforcement or other bodies to consider applications that come anonymously. Such applications may be taken into account only when there is reason to believe that a crime against life or health, an act of terrorism or another particularly dangerous crime has been committed.
Following this, in the center of the sheet, we write the name of our document “Complaint”. Across the entire width of the sheet is a statement of the essence of the matter. First you need to write about which house the citizen lives in, in which apartment and which neighbors break the silence. Their surnames, first names, patronymics are required, and without fail - the exact address of the house and apartment. Next, it will be necessary to describe exactly how and when the neighbors make noise, indicate that by such actions they violate the current legislation that regulates the sound level at night. Also, if there is evidence (for example, measuring and fixing the decibel indicator on a special apparatus, information from other neighbors, etc.), then you need to indicate their presence.
The last sentence in this part should be a request for action. Thus, we point out the facts that confirm the violation of the right and ask to correct the situation by the subject of law enforcement agencies, whose duties include such actions. The final step will be the filing date and signature of the applicant.
The sample of a collective complaint against neighbors practically does not differ from the option that we described above. But, nevertheless, there are certain nuances. First of all, in the heading of the document in the list of applicants, we indicate each tenant of the house who has claims against the offenders and wants to hold them accountable for their behavior.
The name will remain the same. But, if desired, you can still add the word "Collective" to it. The essence of the matter is presented in the same sequence. Signs where each of the parties lives and what violations have become the reason for seeking help.
At the end, the document must be signed by all applicants. First, the initials of the citizen are put and next to them - a painting. Without such a mark, it will be considered that the person does not take part in the case.
Collective Complaint on a neighbor, as well as an individual application is sent to the internal affairs bodies at the place of residence. To do this, you can contact the relevant employee and transfer the document to him. In addition, if you want to be sure that your application was accepted and, in case of loss, to have evidence of submission, bring an additional copy of the complaint with you. An employee of the internal affairs body will put a mark on it with the date of receipt and the official who took the steps to accept the application.
In addition to the fact that the issue can be resolved in the police department, today every citizen is given the opportunity to seek help from the prosecutor's office. The most important question in such a situation is what grounds are needed for this?
In accordance with the regulatory framework, the prosecutor's office is an instance that is obliged to resolve issues of violation of the rights of citizens, both at their request and by the presence of the fact of the misconduct itself. That is, if we consider relations with neighbors, then any of their actions that violate the rights of persons living with them in the same house or on neighboring land plots may be grounds for appeal to the prosecutor's office.
Drawing up an application, as in the previous version, has a key role, since it is this document that is the basis for opening a case. The principle of filing a complaint is exactly the same as when writing an application to the internal affairs bodies.
As before, at the beginning we enter the prosecutor's office, to which we apply. To do this, you need to use a territorial binding. Since there are a lot of branches, the question arises of which one will be able to consider the case. So, in accordance with the administrative-territorial division, each prosecutor's office has a specific service area. Therefore, the district instance of residence will become the place of appeal.
There may be several applicants, as before, or the complaint is individual. In this case, you must write all the names without fail. The essence of the case itself is revealed in the same way as when contacting the police department. That is, we write about the connection with the violator, without fail clearly indicating the address of residence.
At the end, the document is signed by everyone who is indicated in the header as the applicant. When filing, you can provide a copy of the complaint to put a mark on the date of receipt of the application.
As a rule, the prosecutor's office deals with cases from the category of more serious violations. If your neighbors are alcoholics, drug addicts and have set up a brothel in their house, go to the prosecutor's office. But, if the matter is in the usual noise or music after eleven o'clock in the evening, then it is still better to contact the district police officer. The point is not that the application will not be accepted or will not be considered. Under the law, the prosecutor's office cannot refuse citizens. But, as practice shows, it will be faster to resolve the situation in the police department.
Another option for resolving the issue is the organs of Themis. Today, every citizen who believes that his legal rights have been violated has the right to apply to the court for confirmation of such a fact. To do this, he will need to have a certain evidence base. The whole thing, of course, begins with the filing of a special application. In this case, it will be called a lawsuit.
Unlike those complaints that we considered earlier, the judicial application has special recommendations for drawing up a procedural nature. So, as before - indicate the name of the judicial authority to which they apply. His choice depends on the same territorial principle that we talked about earlier.
In addition to the court, the parties to the proceedings write in the upper right corner. They are referred to in the application as the plaintiff and the defendant. The first is a citizen who applies for a solution to the issue of the dishonesty of his neighbors. The second is the one who directly violated the rights of the plaintiff. It will be necessary to write full names parties, their addresses of residence, as well as contact numbers so that court employees can contact the participants in the process and notify them of the dates of the hearings, the progress of the case, etc.
Next comes the writing of all the essential facts that directly relate to the case. To begin with, indicate the name of the applicant, place and period of residence in this apartment or house. Then there is a sending to the same data of a neighbor who, by his actions, violates the rights of the plaintiff.
After the neighborhood of the parties is indicated, it is necessary to describe the very essence of the matter. Here we point directly to the facts of the violation that led the citizen to the body of Themis for the restoration of justice. The main rule is that you don’t need to condemn anyone, tell how bad your neighbor is in your opinion. We do not use a subjective attitude as an argument in a statement of claim. At this stage of the case, the court is absolutely not interested in the relationship between citizens who live in the same house. The most important thing is the existence of the fact of violation. Everything else will be clarified directly at the meetings.
The next step is asking. In it, the plaintiff writes about what results of the proceedings he hopes for. But, it is worthwhile to understand that when issuing its verdict, the body of Themis is not fully guided by this part. That is, even if you win the case, this does not mean that all your requirements will be fully satisfied.
The last part of the complaint to the court is the list of attached documents. Today, the application is not granted on its own. It must necessarily contain a number of confirmations fixed on different levels. So, for example, it can be a certificate of ownership of housing. In addition, if the plaintiff has previously applied to other bodies to resolve such an issue, he can provide their verdicts. Also, quite often, in order to fix the fact of a violation, citizens invite special services that draw up certain conclusions. They also serve as a supplement to the application.
Ultimately, the claim is signed by the plaintiff and, when filed with the court, the appropriate date is put on it.
Anyone who has ever faced litigation knows how important it is to draw up a claim correctly. Therefore, when writing this document- follow all the above recommendations.
The next way to deal with dishonest neighbors is to go to a housing maintenance organization. But, here it is worth considering a number of features that limit this possibility. It's all about the essence of the violation.
The basis for a complaint against a neighbor to the housing administration will be situations that relate to the very use of the dwelling, which led to damage to property, complicating life, etc. For example, this is the most banal flood. The upstairs neighbor forgot to turn off the tap and went to work, and the entire repair of the one who lives downstairs is completely ruined. That is, we are talking about the use of water supply, electricity, the premises themselves with negligence.
In this case, you can file a corresponding complaint with the housing and communal services. On what basis will it be compiled? Yes, exactly the same as the application to the police department or the prosecutor's office. The difference is an indication of the body to which they are addressing.
Another important issue is the subject composition of such relations. As a rule, complaints about the misconduct of a neighbor are filed by the owner of another apartment that is located in the same building or a house that is located nearby, if we are not talking about multi-apartment buildings.
Recently, rental housing has become quite popular. Therefore, it is quite logical that the question arises: can the tenants of the apartment, to whom it does not belong, turn to various state authorities for help?
In this case, it is necessary to go not from the principle of ownership, but from the side of protection of rights. Since we are talking about the legitimate interests of a citizen, which are assigned to him, as inalienable in regulatory legal acts, it makes absolutely no difference who exactly witnessed the violation - the one who rents the house or the one who owns it. Therefore, both of them have the right to apply to state institutions.
Among the residents apartment buildings drinking people are quite common.
They cause a lot of inconvenience to the neighbors that they have to endure. And most citizens do just that, believing that it is useless to fight alcoholic neighbors.
Meanwhile, in such situations, the law still stands on the side of respectable tenants. AT The Housing Code of the Russian Federation (Article 17, and), the Civil Code (Article 293) and the Code of Administrative Offenses of the Russian Federation (Article 7.21) provide protection measures from noisy and otherwise inconvenient neighbors.
A neighbor - an alcoholic, on the basis of these laws, can be punished administrative warning, fine, eviction, and even deprivation of housing. Eviction is an extreme measure, and the procedure depends on the basis on which the brawler lives in this living space. What are the legal methods of dealing with violators of the order, read.
How to get rid of drunk neighbor?
It is unlikely that it will be possible to resolve the issue peacefully, since conversations and appeals to the conscience of a person with inadequate behavior are practically useless. Simply making claims is likely to provoke aggression on the part of the drinking citizen. Therefore, you can only talk to him when he is sober.
IMPORTANT! In no case do not use methods of physical influence on an alcoholic. Your actions will be regarded as hooliganism, and this is already a violation of the law on your part.
Every violation by a noisy neighbor is worth stop with the help of the police. You can call outfits or ask for help from the district police officer. By the way, your joint action to solve the problem with other residents of the house.
Collective complaints will have a greater effect, and the district police officer will have to actively respond to them. Read about how to write a statement to the district police officer.
All your requests make it in writing, keep copies or individual copies of complaints to the police. This will be your first step towards completely getting rid of the objectionable neighbor.
Of course, one cannot count on a quick solution to the problem. Therefore, be patient and do not deviate from the intended goal.
Often in such situations, police officers are reluctant to respond to citizens' appeals.
There are even cases of ignoring the calls of the outfit at night. In such a situation, it is worth complaining about representatives of the Ministry of Internal Affairs.
Complain about negligence in official duties should be in the prosecutor's office.
In order to avoid the response of the police towards you, make all statements in duplicate.
Compile the heading of the application by referring directly to two addressees: police officers and prosecutors.
There are factors influencing the peculiarities of the procedure for evicting an alcoholic from a dwelling. How to evict an alcoholic:
The owner of municipal housing is the administration of the city or rural locality. The occupant of this apartment obliged to comply with the terms of the contract of social employment on the basis of which he occupies a similar living space.
An alcoholic can be evicted from an apartment owned by the authorities on the following grounds:
Major allies in the process evictions from public housing for you will be the local authorities. Send complaints to, Rospotrebnadzor (SES).
An alcoholic neighbor living under a social contract. of employment, is evicted by the administration without providing alternative accommodation. Your main goal is collection of evidence that is, documenting your complaints to various authorities and fixing the response actions of authorized employees.
It is more expedient to act in these circumstances with the involvement of a competent lawyer, otherwise all attempts will be in vain.
As in other cases, complain to the Ministry of Internal Affairs for every fact of violation of the order. Contact the SES with a complaint about the inadequate condition of the apartment.
But the only viable way would be collective litigation. Only this measure will give a chance to move the drunkard away from you.
IMPORTANT! Unlike eviction from public housing, expulsion from one's own living space to nowhere is impossible. The regulation of actions in this situation is contained in Article 293 of the Civil Code of the Russian Federation.
In these circumstances, the appeal of the governing bodies of an apartment building can be really effective: HOA, UK or local governments. In the presence of reasoned evidence, the court is likely to rule in favor of the suing.
You will have to go to court twice. First, the court may issue a warning to the alcoholic neighbor, with the requirement to stop violations and bring their own housing in proper condition.
It is unlikely that a descended person will fulfill these requirements. After the expiration of the period for correcting the situation, a re-application will be required. After that, the alcoholic is likely to be evicted. Housing is put up for auction and the owner, having received them, can purchase another apartment.
IMPORTANT! It is worth considering that according to the Civil Code of the Russian Federation, the court is unlikely to evict the owner from his only housing, unless it is a mortgage room. In this case, the court may take the side of the bank.
It is necessary to act in the same order: first file complaints with the police, SES, Housing Inspectorate. Then, together with other residents of the communal apartment, submit statement of claim to the court, demanding to collect debts for housing and communal services and bring the living space into proper condition.
When living together in a communal apartment, all these requirements must be met strictly, so eviction is quite realistic.
The purpose of complaints to regulatory organizations cannot be to demand the eviction of an alcoholic neighbor, since these organizations do not have such powers. They should be contacted with a request to conduct an inspection and draw up inspection reports, which you can later use when filing a lawsuit in court.
IMPORTANT! It is desirable that under the complaints there were signatures a large number residents of an apartment building. It will be useful to have phone numbers. Collective complaints, as a rule, are not ignored by the authorities.
If the apartment of an alcoholic is not kept clean, from it comes bad smell, cockroaches, rodents live in it, then Rospotrebnadzor can conduct an inspection and draw up an act. Then the neighbor will be required to eliminate the shortcomings.
For more information on how to file an application to various authorities, read this.
The application-complaint has a standard form, like any application. The text is drawn up in any form, only a few points should be taken into account:
After the last name and position of the person in whose name the document is drawn up, list the full names of all persons dissatisfied with the actions.
A complaint to any authority is drawn up according to this model.
Be sure to make a complaint in duplicate and get the signature of the receiving person on yours.
requires citizens living in residential premises to observe the rights and interests of neighbors.
The behavior of alcoholics who violate the order are grounds for their eviction from the dwelling. Therefore, the lawsuit to evict a noisy neighbor is quite legal.
The main condition that the court can take into account is systematic violations.
Only in this case, the judicial authorities can decide on the application of extreme measures of influence - eviction.
Your task - prove to the court that no other measures taken by you worked, and the neighbor continues to disturb the order and thereby infringes on your rights. All work done prior to going to court must be documented.
The package of documents when applying to the court should consist of:
Only the presence of written evidence of the futility of attempts to influence can give a chance to hope for a positive court decision, therefore documents must be prepared with great care.
After collecting all these documents, write a class action lawsuit in court. In the application, state all the episodes, the confirmation of which you have, point by point, referring to the articles of the laws violated by the neighbor. At the end, state your demand for the eviction of a citizen from the apartment.
Thus, it is realistic to evict an alcoholic neighbor only through the court and only if the apartment is not his own only living space or he lives in a municipal or communal apartment.
In any case, this process is quite lengthy and requires a lot of effort. In addition to problems with drinking neighbors, it may turn out that someone in your porch is behaving too noisily. Where to complain about, how to write a statement correctly and in, read the articles on our website.
The following video shows the eviction of an alcoholic neighbor from an apartment through a court in Severodvinsk:
Living in apartment building It is an inevitable neighborhood with other people. They are not always calm, balanced. Added to this is poor soundproofing in the apartments, and as a result, we have to listen to screams, noise, loud music, etc. not only during the daytime, but also at night.
In many regions, there are laws that regulate the hours when residential buildings peace must be ensured and noise kept to a minimum. This is necessary so that citizens can sleep peacefully and recuperate. This is especially important for families with small children. If during the rest hours the neighbors do not want to calm down in any way, you can find justice for them by writing a statement to the district police officer against the neighbors who violate the peace and quiet of citizens (a sample can be downloaded below).
If we talk about the violation of silence in the daytime, then, for example, in Moscow certain hours are also stipulated (in particular, from 13º to 15ºº daily), when it is forbidden to listen to music loudly and produce repair work in non-residential premises at home. To prove that the neighbors are too loud during the day, you will need to take noise measurements and be guided by sanitary standards. Loud noises at night are regarded as an encroachment on the peace and quiet of citizens.
Violation of the law in terms of exceeding the noise level by neighbors are the following cases:
It is worth noting that one-time cases of noisy behavior of neighbors can sometimes be forgiven, realizing that joyful events and parties can happen to everyone. But when it becomes a system and significantly affects the comfort of citizens, it simply needs to be fought.
You can start by talking to noisy neighbors and calling them to their conscience. Although this rarely causes the desired reaction. Usually in response you can get only screams, threats or indifference. It remains only to complain so that the competent authorities can take action and calm down the neighbors.
If your neighbors violate the rights to peace and quiet, you can bring them to administrative or civil liability by contacting the police or the court.
1. Administrative responsibility.
The actions of noisy neighbors at night are an administrative offense that entails measures in the form of a warning, and then the imposition of a monetary penalty in the form of a fine of 500-1000 rubles (Article 6.4 of the Code of Administrative Offenses of the Russian Federation). Its size in the regions may differ and is established by law. For example for:
In order to call the neighbors to account, you will need to call the police or write a complaint to the district police officer. Then a protocol will be drawn up on the fact of disturbed peace of citizens.
2. Civil liability.
If the noise from the neighbors became so annoying that it led to going to court, then the plaintiff can claim compensation for non-pecuniary damage resulting from the actions of the troublemaker. An extreme measure of influence may be the requirement to evict such neighbors.
The first measure of influence on citizens noisy in the neighborhood is a written complaint to the district police officer. Why written? Because you can’t sew a word to the case, and you can bring to administrative responsibility only according to the document.
Note that there is no strict application form, so it can be drawn up in any form on your own or with the help of a district police officer. The main thing is to clearly state the essence of the claim, the reason for the appeal and refer to the letter of the law.
More often, the following regulations are indicated, the points of which are violated by restless neighbors:
Confirmation of claims against a noisy neighbor can be the testimony of other residents of the house, which can be stated in any form and signed by all dissatisfied with the behavior of the offender. If at the time of screams, scandals or a noisy party you called the police, then they are required to draw up a report. It can also be attached to the application.
The application must contain the following details:
Download samples of statements to the district police officer on neighbors:
Sample application to the precinct noisy neighbors in nighttime
Sample letter to the district police officer about damage to property
Sample application to the district police officer for neighbors of alcoholics and brawlers
Sample application to the district police officer for smoking neighbors on the landing
The precinct has 10 working days to consider the application. During this period, he is obliged to go to the specified address, conduct a conversation with citizens, and draw up a report. If no response to the complaint has been received after the specified time, you have the right to contact the prosecutor's office, pointing out the inaction of the law enforcement officer.
A complaint about noisy neighbors to the district police officer can be made from several dissatisfied neighbors, then it will be collective. In this case, in the header of the document, all initiators of the proceedings should be listed:
And at the end of the application to stand the signature and transcript of each.
Collective complaint against neighbors to the precinct sample 2019 —
In any case, you should follow the rule when brevity and conciseness are important. The text should be enough to draw conclusions about the essence of the problem. Here, be sure to pay attention to the fact that they have already tried to talk with restless neighbors and resolve the issue on their own. As well as the dates and times of contacting the police, their arrival and the result of their intervention.
If you want to report noisy neighbors, you need to take into account that anonymous complaints are not considered by the district police. Therefore, the indication of the applicant's data is mandatory.
The completed application must either be copied, if drawn up by hand, or printed in two copies. When transferring the application and supporting documents to the district police officer, he is obliged to register it, indicate the date and number on both copies. One of them remains in the hands of the initiator of the complaint. It is from the date of registration that ten working days should be counted for a response.
A written application can be submitted to the precinct in the following ways:
During the period of time allotted for consideration of the complaint, the district police officer is obliged to visit an apartment with troubled neighbors, interview them, talk with other residents of the house in the neighborhood and draw up a report. It will respond to your request.
A complaint is made against the neighbors to the district police officer according to the model presented below. It must comply with the form provided for by the norms of legislation, and be submitted for consideration to the body authorized to consider such an application.
A collective complaint has more impact than an individual one. The violations set forth in it will certainly cause a proper response from the controlling persons.
Use of residential premises in houses with large quantity tenants provides for compliance with the rules of good neighborliness. First of all, this concerns compliance with the norms and standards that state bodies impose on order: compliance with the requirements is counterproductive. fire safety, sanitary, environmental and other standards.
If residents fail to comply with elementary welfare rules, neighbors have the right to complain to various authorities about the violation of their rights and interests. Such an appeal is provided for by law in the form of an individual and collective complaint.
So, if your neighbors disturb the peace, do not respond to comments, and also cause trouble to other residents, you can contact the following authorities.
The right choice of body and the correct presentation of the essence of the problem will help to achieve a fair decision.
A complaint to the district police officer against neighbors can be filed in almost any case of restriction of rights, therefore this universal way restoring the order will be discussed below in more detail.
So, how to write a collective complaint about a neighbor correctly and draw it up in accordance with the law? And how to make an application to the district or other state body?
To write a collective complaint against neighbors correctly, you must comply with the requirements of the Law "On the Appeal of Citizens":
These mandatory details must contain each appeal.
The main part of the document is drawn up in any form, but it is desirable to indicate the following data:
The stated requirements and the detailed essence of the violation will help the district or other official to respond correctly and promptly and restore the violated rights of residents.
A complaint to the district police officer about the neighbors will help to draw up a sample, presented below.
Paperwork for government agencies requires compliance with a certain structure:
So, how to write a complaint taking into account all the above requirements?
Example of a collective complaint against neighbors:
District Commissioner
Zaitsev G.B.
section No. 30 of the department of the Ministry of Internal Affairs of Russia
in the Izmailovo district of Moscow
105043, st. 3rd Parkovaya, 22A
From those living at:
Regarding neighbor:
Khomina Ya.G., living in the square. No. 12
We, the residents of house No. 39 on Pervomaiskaya Street, are writing to you with a complaint about Ya.G. Khomin, a neighbor living in apartment No. 12.
In the last months after the settlement of this tenant, an unlawful disturbance of the rest of citizens occurs at night, namely: loud music plays, groups of guests can make noise on the landing for a long time, in addition, Khomin Ya.G. often comes into conflict and behaves extremely incorrectly. Previously, we tried to influence the neighbor, but he continues to disturb the peace.
The law regulating the issues of peace and quiet in the Moscow region prohibits breaking the silence from 21.00 to 8.00 on weekdays and from 22.00 to 10.00 on weekends.
In violation of the norms of the Law, according to the testimony of residents Zhukova N.G. and Rotanya K.P., Khomin Ya.G. On February 20, 2017, I listened to music until 03.00, sang songs loudly, and heard the laughter of a large company.
February 25, 2017, according to N.G. Zhukova and Baklashkova L.D., Khomin Ya.G. stood on stairwell until midnight and with loud cries banged on the door.
Thus, the neighbor behaves noisily, violates public peace and the rules of good neighborliness systematically. It is impossible to influence him.
Code of the City of Moscow on administrative offenses prohibits disturbing the peace and quiet of citizens during the agreed hours. According to Art. 16.5 of the Code, ATS officials have the right to draw up a protocol on non-compliance with the law with the imposition of a fine or issue a warning in accordance with Art. 3.13.
Guided by the foregoing and the legislation regulating the procedure for applying for citizens,
03/09/2017 Signatures and full names of all residents who filed the complaint
A collective complaint against neighbors, the sample of which is given above, can also be filed with other bodies. Moreover, it is possible in several instances at once. Thus, the Law of the Moscow Region "On Silence" allows you to apply about noise at the wrong time to the administration of the district administrations of Moscow, which is authorized to consider cases of administrative offenses. It also does not interfere with turning to the prosecutor's office and, if desired, to other bodies.
It should be noted that each region has its own rules regarding the administrative punishment of persons violating public order and landscaping.
For example, if you are from Tatarsk, file a complaint, referring to the provisions of the law on administrative violations for Novosibirsk region.
When applying in person government official or the district police officer for noisy neighbors, it would be useful to keep a copy of it, on which the date of acceptance of the document is affixed.
When sending by registered mail, the returned spine should also be kept.
To date, it is also possible to send an electronic complaint.
The appeal is subject to registration within three days from the date of acceptance and consideration within 30 days, if necessary, the period can be extended.
The answer can be appealed to higher authorities in accordance with procedural legislation.
The district officer has the right to claim Additional materials cases, conduct interviews with neighbors, witnesses. The district police officer is obliged to take measures to eliminate violations of the law, of which to notify the complainants.
When redirecting the appeal to another body, the district police officer is obliged to notify the applicants about this.
Living in an apartment building or a private house, you can not avoid getting to know your neighbors. Often they become new friends and helpers, but the situation can be the opposite: the joy of spending time at home is spoiled by drug or alcohol lovers living nearby, aggressive brawlers, organizers of noisy parties and other citizens whose hobbies violate public peace. A complaint to the district police officer will help correct the situation.
The list of powers of the district police officer is specified in the order of the Ministry of Internal Affairs No. 1166 dated December 31, 2012. The district police officer will provide assistance in such cases: in case of violation by unauthorized persons public order; non-observance of the silence regime during the time allotted for rest (from 23.00 to 07.00); when living persons without a fixed place of residence in utility rooms at home; in cases of trade in prohibited substances or items (drugs, alcohol, weapons, etc.) by residents of the house; when using playgrounds for other than their intended purpose: as a place for dates or drinking alcohol; when fencing the territory of the yard for parking; in case of illegal rent or rent of an apartment to persons without registration; upon receipt of information about child abuse.
There are many reasons why a neighborhood becomes unbearable. The most common ones are:
The complaint will be considered only if it is correctly drafted. You can apply to the guards of order individually or collectively.
The complaint to the precinct must contain:
When describing the essence of the problem, do not go over to profanity, humiliation and insults . The style of the letter should be intelligible and businesslike. You need to state the facts "dryly".
The requirements put forward in the final part of the document must comply with the provisions in the law. Excessive fines or jail terms will not be met.
Evidence must be attached to the complaint: photo or video filming, audio recording, testimony of other witnesses to the offense, expert opinions.
The complaint may be filed in writing or in electronic format. The first option is a priority, because it allows you to personally get acquainted with the district police officer, orally describe the problem.
During a personal reception, law enforcement officers accept applications from citizens. In order to find out the address of the police station, you need to visit the official website of the Russian Ministry of Internal Affairs MVD.rf. Then, in the "Online Services" section, select the item "Your precinct / Police Department".
After that, on the page of the Ministry of Internal Affairs of the Russian Federation / district, you need to enter the address of residence and the location of the nearest police stations with contact details will appear on the map: phone number, address, Internet site, working hours, full name of the officer on duty.
Legislation provides for the possibility of sending statements to police officials Russian Federation by registered mail. The addresses of the units are indicated on the official website of the Ministry of Internal Affairs of Russia.
Russian citizens have the right to send an application to law enforcement agencies electronically. To do this, go to xn--b1aew.xn--p1ai/request_main. Then do the following:
Correspondence is registered within 3 days and considered within 30 days. A response about the consideration of the document will come to the postal or email address.
Even if the submitted application does not fall within the competence of the selected unit, the appeal is accepted, registered and redirected to the competent authorities.
In emergency situations, you should call 102 - a call to the police or 112 - a single call number for emergency services. The employee on the line will tell you the contacts of the district police officer or redirect the call to the duty unit, which belongs to the applicant's area of residence.
If the written appeal did not have any effect due to the negligent attitude of the authorized police to the problem, you can apply for clarification further action to the hotline of the Ministry of Internal Affairs of Russia at 8-800-222-74-47 or call the Hotline in accordance with the region of residence. Full list contact details provided at xn--b1aew.xn--p1ai/contacts/sites.
You can find out the address of the stronghold and the contact details of the district police officer, quickly contact the police officer on duty, and submit an appeal in electronic format using the official mobile application of the Ministry of Internal Affairs of Russia.
To download the app, you need to visit Apple App Store or Google Play.
According to law No. 174-FZ of the Code of Criminal Procedure of the Russian Federation of December 18, 2001, the district police officer must respond to the complaint within 3 days: familiarize himself with its contents, visit the perpetrators of the disturbance, inspect the apartment and entrance, interview witnesses, draw up a protocol.
The authorized police officer can conduct an explanatory conversation, impose an administrative fine. According to the Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195-FZ, Art. 6.4, the administrative fine for violation of sanitary and epidemiological requirements is 500-1000 rubles. for individuals, from 1 to 2 thousand rubles. for officials, entrepreneurs and from 10 to 20 thousand rubles. for legal entities. However, in order to impose a fine, it is necessary to prove that the violation is permanent.
The following laws and regulations will help to draw up a document correctly: