Characteristics from the place of residence from neighbors: sample, example

There are no rules in the legislation of the Russian Federation that directly provide for the obligation of a citizen to provide a reference from his neighbors. At the same time, in all branches of law (not only civil and criminal, but also labor, administrative, etc.), law enforcement and government agencies are recommended to thoroughly study the identity of the person in respect of whom a certain legal issue is being resolved.

In this regard, there are often situations when it is desirable to provide complete characterizing material, including an assessment made by third parties. Sometimes positive information about a person's lifestyle plays a decisive role even in the most difficult life problems.

Characteristics from neighbors in criminal law

The Criminal Code of the Russian Federation obliges the court to investigate data about the defendant. In every case there are always:

information from the Information Center of the Internal Affairs Directorate regarding the criminal prosecution of the defendant;
certificates from psychoneurological and narcological dispensaries, which indicate whether the person is registered, with what diagnosis, etc.;
character reference from the local police commissioner at your place of residence.

Let us note that this list of documents cannot always fully “tell” about the defendant. Often, the district police officer simply cannot provide information on a particular person living in the supervised area. Lack of awareness of the police officer can occur when a citizen does not live for a long time at the place of registration, when the nature of his work is traveling, etc. Usually, local police officers pay attention to “problem” people who have been seen in fights, have a criminal record, etc., while they know nothing about other citizens.

If the documents available in the case file about a person do not contain sufficient information, the lawyer or the defendant, on their own initiative, may provide the court with any other information about the person, including a description of the place of residence from neighbors, an example of which may be as follows:

In the Leninsky District Court of Moscow, Petrova P.P., Volkova I.I., Vlasova A.A., living in building 1 on the street. Lenin, Moscow

Characteristics of Ivanov I.I., born in 1984, living at the address: Moscow, st. Lenina, 1, apt. 1

We, the undersigned, are neighbors of I.I. Ivanov. at the entrance. We confirm that Ivanov I.I. has lived at this address since 2005. During his stay Ivanov I.I. has proven itself exclusively on the positive side.

Ivanov I.I. always takes an active part in public works to improve the house and the surrounding area, is on friendly terms with all residents, and has had no conflicts with anyone.

Ivanov I.I. lives with his wife, has two children, the family is very friendly and hospitable. He has not been found to abuse alcoholic beverages and has no bad habits.

01.01.2016

Neighbors: Petrov P.P., born in 1976, (Moscow, Lenin St., 1, apt. 2), _____ (signature). Volkov I.I., born in 1980, (Moscow, Lenin St., 1, apt. 3)______ (signature). Vlasova A.A., born in 1979, (Moscow, Lenin St., 1, apt. 4)______ (signature).

To whom can it be drawn up?

Despite individuality, a person does not exist on his own, but in a society that involves not only the implementation of certain rules, but also contact with various spheres of life.
That is, visiting the same medical institution, employment, study, traveling by vehicle and performing military duty are an integral part of the daily existence of almost every individual; accordingly, a household profile, as necessary, can be compiled for any person.

Per family

In most cases, a household report is compiled personally, that is, for a specific person.

But in some cases, a specified document may also be required for a family that, for example, is unreliable.

That is, this document is required if there is to be a restriction or deprivation of parental rights and the removal of a child from a family, living in which poses a direct threat to the life and health of the child.

For a minor child and teenager

A household reference from neighbors is also required for a teenager who, due to unlawful behavior, is registered in the so-called children's room, where for a certain time he will be under the supervision of specialists in order to avoid a relapse.

For a person serving a sentence

By virtue of Article 79 of the Criminal Code of the Russian Federation, a person who has served at least a third of his sentence for a crime of minor or moderate gravity may be released early. A similar rule applies to persons convicted under more serious articles, but with different proportions of punishment, equal to half the term for serious articles and two-thirds for especially serious ones.

And since it is possible to leave early only by decision of a special commission, which will determine the degree of security of a citizen already in society, a reference from the previous place of residence is required.

Until how long is it legal to make noise during the day? About this - here.

Characteristics from neighbors in criminal procedural law

Characteristic information about the accused can be provided to the investigator before the case goes to court. Let us note that at the stage of preliminary investigation this is especially important when choosing a preventive measure in the form of detention or house arrest. Judicial practice knows cases where positive reviews from neighbors significantly influenced the decision on whether to keep a citizen in custody or not.

An example of a characteristic is almost the same as we have already given. At the same time, in order to choose a written undertaking not to leave the place of detention, one can focus on the presence of stable family ties and family relationships with the accused. Since only the court decides on the application of coercive measures such as house arrest or detention to the accused, the description should be addressed to the court:

In the Izmailovsky District Court of Moscow Generalova M.P., Verina A.I., Nosova I.K., living in building 2 on the street. Mayakovsky, Moscow

Characteristics of R.R. Rudneva, born in 1990, living at the address: Moscow, st. Mayakovskogo, 2, apt. 1

We, the undersigned, are neighbors of R.R. Rudnev. at the entrance. We confirm that Rudnev R.R. has lived at the specified address since birth (since 1990). During his stay Rudnev R.R. established himself as a caring husband, father and son.

Rudnev R.R. has a dependent elderly mother, Rudneva I.O., born in 1945, who has been paralyzed since 2010. All this time, her son Rudnev R.R. takes care of her, provides her with medicines and care. Rudnev R.R. - the only son of Rudneva I.O., there is no one else to look after her.

In addition, he is dependent on his young son, born in 2012, whom the accused is raising alone, since his wife died suddenly in 2014.

Rudnev R.R. leads a healthy lifestyle, when he has not been seen in dubious companies, other housing besides the apartment. 1 d.2 on the street. He doesn't have Mayakovsky. He has been working for the same company as an accountant for many years.

01.01.2016

Neighbors: Generalov M.P., born in 1970, (Moscow, Mayakovsky St., 2, apt. 2), _____ (signature). Verina A.I., born in 1980, (Moscow, Mayakovskogo str., 2, apt. 3)______ (signature). Nosova I.K., born in 1973, (Moscow, Mayakovskogo str., 2, apt. 4)______ (signature).

The Criminal Procedure Code provides for the possibility of applying a preventive measure in the form of a personal guarantee. This implies taking responsibility for the accused - that is, ensuring his proper behavior, timely appearance before law enforcement agencies, etc.

Neighbors can also take on such an obligation; in this case, you need to write a corresponding petition to the investigator or interrogating officer, similar in form to the sample description provided. The last lines must indicate that the citizens who signed are ready to bail the accused. It would be fair to note that personal guarantee as a preventive measure is very, very rare in practice.

Why is the characteristic needed and where is it used?

It is worth immediately understanding that the reference from the place of residence serves as a secondary document in procedural proceedings, especially in criminal cases. This document has no legal force, it is not official. There are no norms and rules in the legislation of the Russian Federation that would have instructions or special requirements for the use of this document. As judicial practice shows, the characteristics occur when:

the investigative and inquiry authorities need to make some clarifications. A description of the suspect can help the investigator correctly present the picture of the incident, and understand the motive of the crime, whether it was intentional or not, whether it was self-defense, etc.;
the judge needs to make the right decision in criminal proceedings. So, for example, according to Article 61 of the Criminal Code of the Russian Federation, a suspect may have a reduced sentence (verdict) if reasoned testimony or information about the person’s general lifestyle is used; in this case, characteristics from neighbors, friends, relatives, etc. can play a role here. ;
It is necessary for the guardianship and trusteeship authority to make a decision about the newly made parents who are going to adopt a child. This is a very important point when making decisions about adoption. A package of documents for presentation to the guardianship and trusteeship authorities when registering guardianship over a teenager will show the formal characteristics of the person. The characteristics of the guardian will give an understanding of his moral, ethical and personal qualities. Then a positive response from the guardianship authorities is likely.
when parental rights are deprived, a document is submitted for their return or when the child is assigned to live with a relative. Or if it is decided through the court, with whom the child will remain during the divorce process.
in some educational institutions, usually in higher education, as well as at the place of future employment, they may also request a reference from a previous educational institution or place of work in order to provide information about an individual.

Important! Characteristics can be provided to the applicant both by neighbors and personally by the district police officer in your area, as well as by the chairman of the HOA of the building management. The head of the enterprise from the place of work can also provide a reference

Characteristics of a person serving a sentence

A positive reference from neighbors is extremely important for a convicted person who wants to get rid of his criminal record or shorten his suspended sentence. In addition to other requirements (such as serving half of the sentence), in order to have a criminal record expunged, you must prove your early correction. The opinion of neighbors in this case plays a special role for regulatory authorities, since it contributes to the formation of an objective assessment of the convict’s lifestyle. Information about impeccable behavior, confirmed by residents of the house, may be needed when:

the convicted person has already served his sentence (it can be anything, including imprisonment) and in accordance with Art. 86 of the Criminal Code of the Russian Federation applies for early removal of a criminal record (characteristics are submitted to the court);
the convict is serving compulsory, correctional labor or a suspended sentence (characterizing documents are provided to the penal inspection where he is registered).

Since in these cases there must be evidence of correction, in the neighbor's description it is important to focus on a conscientious attitude to work, participation in public events, charity - in a word, to present the facts of gratuitous benefit to society.

How to write correctly?

In most cases, government specialists make fateful decisions after seeing a person for the first time. To make the decision more fair, it is necessary to obtain additional information. In such a situation, characterization from neighbors comes to the rescue.

A household profile is a document that describes the distinctive character traits of a person and the characteristics of his behavior in the family and with neighbors. It is needed so that specialists from the government agency that requested the document can form their own opinion about the moral and ethical qualities of the citizen.

Characteristics may be needed:

when applying for employment in internal affairs bodies, the Federal Penitentiary Service;
upon receipt of a visa;
to court to resolve disputes about the place of residence of children;
to a criminal court;
to the police upon deregistration in the PDN;
to the guardianship department upon receipt of a conclusion on the possibility of being a guardian or adoptive parent;
to the military registration and enlistment office.

The list is not exhaustive. The document may be requested by other authorities.

Characteristics from neighbors in civil law

In civil cases, information about a person is most often provided when considering claims for adoption, establishment of guardianship, restoration of parental rights, etc. In this regard, it is advisable to write in the characteristics positive qualities associated with raising children:

In the Tverskoy District Court of Moscow, Lyubimov L.D., Maly V.N., Nekrasov N.G., living in building 3 on the street. Tsvetnaya, Moscow

Characteristics of Repin O.L., born in 1987, living at the address: Moscow, st. Tsvetnaya, 3, apt. 1

We are neighbors of Repin O.L. and we can confirm that Repin O.L. is an excellent family man who takes care of his own and his neighbors’ children and actively participates in their upbringing.

So, Repin O.L. a football team was created in the yard, a club called “Young Footballers” was organized on its own, where Repin O.L. is a volunteer trainer. Activities of Repin O.L. contributes to the suppression of child crime, shapes the personality of our children, increases the authority of sports and a healthy lifestyle. We consider Repin O.L. a person worth looking up to.

Repin O.L. there are three children whom he teaches to work, is engaged in their additional education, and personally takes part in resolving all issues that arise during training in educational institutions.

Repin O.L. has no bad habits, spends all his free time from work with children.

01.01.2016

Neighbors: Lyubimov L.D., born in 1970, (Moscow, Tsvetnaya St., 3, apt. 2), _____ (signature). Maloy V.N., born in 1974, (Moscow, Tsvetnaya str., 3, apt. 3)______ (signature). Nekrasov N.G., born in 1978, (Moscow, Tsvetnaya str., 3, apt. 4)______ (signature).

Who has the right to draw up and sign it?

Persons who have an idea of the personal and everyday qualities of a person have the right to participate in the preparation of the assessment:

citizens living in close proximity, for example, on the same landing or adjacent floors, in adjacent houses, if we are talking about the private sector;
district police officer;
organizations managing apartment buildings: management companies, homeowners' associations, housing cooperatives.

The document is signed by the citizens themselves who gave the assessment and agree with it, and is certified by the district police officer or the management company. The assessment is compiled in the form of a single document, signed by all parties involved.

In ConsultantPlus you will find characteristics for any occasion: for former and current employees, for the police, for guardianship authorities and other government agencies, for awards, certification, medical examination and others. Get free access using the link below to download the ones you need.

Legal consequences for neighbors who characterize a person

You need to understand that everything that is written in the characteristics can be verified at any time by the court, prosecutor's office or other law enforcement agencies. In addition, all those neighbors who signed the document can be summoned to court and questioned as witnesses. For those who were asked to confirm the positive qualities of a neighbor:

Specify the purpose of obtaining information about the resident.
If you are asked to indicate specific qualities of a neighbor, write only those in which you are confident.
Do not sign a blank sheet, confirm only the information already indicated, and not future information, by carefully reading the text.
Please be aware that it is your responsibility to provide explanations for the information provided if required. By virtue of the law, a witness does not have the right to refuse to testify, otherwise criminal liability may arise.

Who issues the reference?

A document such as a characteristic can only be issued by an authorized person. As a rule, a person applies at his place of residence to the local police inspector who supervises the given territory.

You can find out your local police inspector in different ways. It can be done:

by phone through the help desk, specifying the number of the duty station, which will help you navigate by the name, address and reception hours of the district police officer;
by contacting the nearest police department, where you can also find out all the necessary information;
through an electronic portal - the official website of the Ministry of Internal Affairs of the Russian Federation. After entering data about the subject of the Russian Federation, locality, street and house of residence, the portal provides information about the district police officer who has jurisdiction over the specified territory.

Writing Requirements

Despite the lack of clear rules for drawing up a document, there must be some mandatory points.

Destination. Before writing the characteristics, be sure to indicate its purpose - address (name of the court, educational institution, military registration and enlistment office)

Data of the person being characterized. The information should be as complete as possible and include, in addition to your full name, place of work or education, previous residence (if known), and date of birth.

Personal information. The document provides an assessment of the qualities of what is being characterized. Therefore, it always has a pronounced emotional coloring and contains information about how a person relates to the people around him: family, neighbors, children, employees of special services.

Final part. After presenting the basic information, the authorized person drawing up the document signs, puts down the date and his full name, and indicates his residential address.

What does it mean: write a reference from your place of residence

This paper is a document drawn up in any form on an A4 sheet. A unified writing form has not been developed. The amount of information depends on the number of persons interviewed and the qualities endowed with the person being characterized. It is always made up for someone. You cannot write a document for yourself, but you can write the text itself, and then give it to selected persons for signature.

The need for characterization arises:

when applying for a job (often requested when applying for employment in paramilitary or security services);
when moving from one educational institution to another or entering a university;
while participating in legal proceedings;
when conscripted for military service;
when issuing a license for traumatic or hunting weapons.

Sometimes a reference is requested to be submitted to a court that is considering a conflict that has arisen around divorce proceedings or between participants in an accident.