Application to the district police officer against neighbors: sample 2021, how to write and submit a complaint, form

The local police commissioner is the representative of law enforcement authorities “closest to the people”. It is to him that people complain in almost all cases of life - the apartment is flooded, the door is damaged, a dog has bitten, noise from neighbors at night, etc. In fact, the district police officer actually has powers that allow him to influence offenders. As part of his duty, he is obliged to prevent any violation of the law and has the right to collect documents, explanations, and make decisions on sending materials to the court and investigative authorities.

At the same time, in many situations the district police officer is approached on issues in which he is incompetent. When you really should ask for help from the local police commissioner and how to do it correctly - read our article.

How to write correctly

There is no single application form. It can be compiled in any form, following the following recommendations:

Adhere to a business style of presentation of the material.
Write in legible, easy-to-read handwriting or use typescript.
It is mandatory to provide personal information about the applicant. Anonymous appeals are not subject to consideration, with the exception of those that indicate information about the crime committed.
Maintain the chronological order of events: indicate the first cases of violations, their duration, frequency, attempts made to resolve the situation.
Avoid expressing personal emotions and value judgments, limiting yourself only to a description of accomplished facts (briefly and to the point).
Put your personal signature and date of drawing up the document.

Application to the district police officer

The document will contain the following information:

Position, full name of the district police officer.
Full name, address (actual), contact telephone number of the applicant.
The title of the document is “Application”.
Description of the offense: place, time of commission, persons involved (apartment number, full name). The more facts are provided, the higher the chances of a quick police response and prosecution.
Additional data. For example, a note stating that the tenant is not the owner of the living space.
Evidence of neighbors' guilt. Results of examinations, photo and video materials, testimony of witnesses.
The fact of attempts to peacefully resolve the situation with the offender himself, which did not bring a positive result (preferably).
Regulatory acts, the provisions of which are violated by the neighbor’s actions.
Please take action against the violator and report it to the complainant.
Date of compilation, personal signature.

Collective complaint

In general, the document will not differ from the previous version, except that:

the header of the document contains information about all initiators of the proceedings;
circumstances are presented in the first person plural (“we”, “us”);
Each applicant signs.

Reasons and grounds for submitting a document

Residents of large and medium-sized cities, whose apartments are located in multi-story buildings, sometimes encounter situations where extraneous sounds from neighboring apartments interfere with their rest.

These sounds may include the following:

repair work carried out early in the morning or late at night;
music turned on at maximum volume, causing vibrations;
talking, loud laughter or knocking in the evening or late at night.

The “Law on Silence” is the basis for filing complaints about noisy behavior of neighbors.

Important! Even before drawing up the application, find out where to complain about noisy neighbors who are carrying out repair work. There are rules and restrictions for such work, and there are allowed times for them.

What provisions are there in the law?

The Law “On Silence” was adopted in 2021, it defines noise levels that cannot be exceeded at certain periods of time.

The following measures are presented as restrictions:

From 7 to 23 pm the noise should not exceed 40 decibels;
From 11 pm to 7 am, noise should not exceed 30 decibels.

Any minor exceeding of the limits may be considered a violation of the order. Law-abiding neighbors have every right to contact the police and call a squad. This is especially true for night hours.

Additional recommendations

Before submitting an application to the district police officer, you need to consider the following points:

Complaints about neighbors should only be based on violations that the applicant personally witnessed (and not from the words of other residents of the house).
Providing false information can result in serious liability for the applicant.
It is advisable to complain to the police if there is evidence confirming that a neighbor committed offenses. Otherwise, the latter has the right to file a counter-complaint accusing him of libel.
You should not involve relatives of the violator as witnesses, since they will most likely recant their words during a personal conversation with the OPD.

Report of insult from neighbors

If the reason for the visit to the local police officer is personal insult, the step-by-step instructions for the injured party will be as follows:

try to resolve the conflict peacefully;
collect evidence;
provide it to a neighbor and threaten to file a complaint with the police;
appear in person before the local police officer;
make a statement using it. Upon registration, the employee will conduct a conversation with the violator, and in case of repeated cases, he will apply penalties. If this does not bring results, you can go to court and demand moral compensation.

Reference! The chances of satisfying the complaint will be higher if you enlist the support of witnesses who can confirm the fact of the insult.

Result of consideration

First of all, the UUP is obliged to conduct a conversation with the neighbor who is violating the law and, if the information specified in the complaint is confirmed, make a decision to bring the violator to justice. As part of his work, he has the right to:

Check the documents of the offender to establish his identity.
Conduct interviews (including the offender and witnesses) to clarify the information specified in the application. These persons may be questioned at their place of residence or invited to the police station.
Draw up an act that records the established facts.

The outcome of the review may vary and is not always positive for the applicant. As a result, the following options are possible:

Providing an oral or written response. Once an appeal has been accepted and processed, you can count on eliminating the factors that were the basis for filing it and bringing the offender to justice.
Notice of refusal to initiate proceedings, indicating the rationale for such a decision.
Referral to other authorities.

Statement to the district police officer regarding neighbors smoking in the hallway

To truly influence the behavior of neighbors and force them to listen to their opinions, a statement to the precinct must be based on specific facts. Namely, if you or your relatives saw with your own eyes and confirm that the smoke and smell of tobacco in the stairwell appeared after a neighbor was smoking. Guess and assumptions are not enough to file a police report.

To confirm complaints against a neighbor about smoking in the entrance:

Photo or video recording of neighbors smoking in front of the entrance. There should be no doubt about the specific shooting location; the entrance should be recognizable.
Ideally, the process of an administrative offense will be seen by the district police officer when he goes around.

In the header of the application to the district police officer about a neighbor smoking in the entrance they write:

position, full name of the addressee;
applicant's contacts.

In the middle of the sheet they write:

the word "Statement";
tell in detail what happened: indicate the day, time, place where the violation occurred;
Evidence could play an important role in confirming your words: eyewitness accounts, video recordings;
refer to the Code of Administrative Offenses of the Russian Federation and Federal Law No. 15;
write “I ask you to take action against citizen ___ and notify me”

Bottom right : signature, date.

What to do if the local police officer is inactive

If any response from the district police officer was not received within the allotted time frame or there are suspicions of improper performance of duties, further consideration of the case can be influenced through complaints to other authorities.

Head of UUP

The appeal should be addressed to the head of the unit, indicating his position and rank. Upon submission, the following scenarios are possible:

removal of the UUP from official duties with the use of disciplinary measures;
redirecting a job request to another employee;
transfer of materials to higher authorities, where a final decision on the results of the review will be made;
recognition of the complaint as insolvent and refusal to satisfy the requirements.

Prosecutor's office

The powers of the department include direct control over the activities of the Ministry of Internal Affairs and its employees. A complaint to the prosecutor's office can be filed both in case of inaction of the Office of the Prosecutor General and its formal actions (for example, refusal to initiate a case without any checks).

To submit, you can apply in person or use the online reception on the department’s website. Its employees are required to conduct an internal audit and notify the applicant of its results within 15 days. If there is insufficient evidence or there are aggravating circumstances, the response period may be increased to 1.5 months.

An unfairly rejected complaint is grounds for appeal to the judicial authorities. In this case, you need to file a claim, which will trigger legal proceedings for up to 3 months.

Expert opinion

Morozov Ivan Severinovich

Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.

In case of collective complaints, the interests of a group of citizens are represented in court by one person. Moreover, his right to such actions must be confirmed by a notarized power of attorney.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

via the form (below), or via online chat
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Violations of the rules of living in an apartment building often lead to conflict situations between neighbors. One of the ways to resolve such conflicts is to report the neighbors to the district police officer .

Violation of the silence regime during the time allotted for rest is included in the range of issues resolved by the district police officer and is determined by order of the Ministry of Internal Affairs No. 1166 of December 31, 2012.

Before complaining to the local police officer, objectively assess the situation and try to come to an agreement with your neighbors. Since the causes of noise can be different (repairs, loud music, scandals, a dog howling, a child crying at night), the neighbors’ reaction to your appeal will be different.

What situations does it not resolve?

There are issues that this employee cannot resolve. This person, when considering the appeal, notices that the issue is not within his competence and notifies the citizen who wrote the complaint about this circumstance, referring him to a higher authority.

The district police officer does not resolve issues in criminal cases, for example, does not conduct a preliminary investigation. A law enforcement officer does not review the document if the appeal is appealing a court decision.

How to write

The document is addressed to the local commissioner of the territorial police department, is written in a simple, free form and can be drawn up on behalf of one person or a group of applicants. In case of a collective application, it is necessary to indicate information about each applicant.

The presentation of the essence of the claims must be intelligible, business-like and contain only facts. It is necessary to indicate the place and time of the offense and the participants in the events.

When describing the essence of the problem, avoid speculation and personal assessments of the offender. Profanity is not allowed.

It is important to clarify that if explanatory measures have already been carried out with the violator previously, they did not bring a positive result. Your requirements in the final part of the document must comply with the provisions of the law and not violate the rights of other citizens.

The appeal must be accompanied by evidence of violations: audio-photo-video recordings, witness statements, examination results, etc.

What to do if your neighbors file a complaint against you?

Several scenarios are possible:

You actually did what your neighbors attribute to you.
Neighbors are mistaken, pointing out you as a trespasser, or they are deliberately slandering you.

Attention:
If what your neighbors write about you is true, it is better to resolve the situation peacefully. It is worth listening to their demands, and then the maximum that will happen in this situation is a warning from the local police officer.

If your neighbors deliberately spread lies about you, then it would be correct to draw up a counter-statement. The purpose of your statement will be to protect your good name and to prosecute you in accordance with Article 128.1. Criminal Code for libel.

How to apply

The law allows for various ways for citizens to contact law enforcement agencies, and you can choose the one that is most convenient for you.

Contact the police department in person

— State the essence of your appeal orally. In this case, the district police officer will independently record a statement from your words.

— Submit an application written independently in a simple, free form.

— Fill out a special form that will be issued to the local police officer.

Within 3 days (Law No. 174-FZ of the Code of Criminal Procedure of the Russian Federation of December 18, 2001), the district police officer is obliged to check the information specified in the application, draw up a protocol and take measures to resolve the conflict that has arisen. In case of proven systematic violations, the district police officer has the right to impose an administrative fine.

Note If you come with a statement, and the local police officer is not at the police station, your statement must be accepted and registered by the officer on duty. If the district police officer has any questions about your application, he will contact you.

Send a registered letter to a police official of the Russian Federation (Addresses of units in your region can be found on the official website of the Ministry of Internal Affairs of the Russian Federation)
Contact law enforcement agencies electronically On the official website of the Ministry of Internal Affairs of the Russian Federation, on the map (upper right corner), you must select your region, go to the section for submitting and considering citizens’ appeals, read the rules, fill out your data and the text of the appeal.
The email will be registered and you will receive a response to your postal or email address within 30 days. Note Even if you made a mistake in choosing a unit, your appeal will be registered and forwarded to the appropriate official.
By telephone hotline In emergency situations, you can call the police by telephone:. – call the police – 102; – a single emergency services call number – 112.

Sample complaint to a district police officer

To the local police commissioner of police department No. ___ of the Ministry of Internal Affairs of the city ________ dated ______________________________, (F.I.O.

applicant) living at the address: _________________________________ _________________________________ (address of actual residence) contact phone number _________________________________

Powers of the district police officer

Officially, the district police officer is called the district police commissioner, abbreviated as UUP.
Its powers are quite extensive and are regulated by the Federal Law of the Russian Federation “On the Police”, as well as by separate Orders of the Ministry of Internal Affairs: dated January 17, 2006 No. 19 “On the activities of internal affairs bodies in preventing crimes” and dated December 31, 2012 No. 1166 “Issues of organizing the activities of local police commissioners " The specific rights and responsibilities of the UUP are defined in the job description. Precinct officers are required to take part in maintaining law and order, they help detect a wanted criminal, take measures to solve crimes and offenses, and also carry out preventive work with persons prone to committing crimes. UUP are required to check compliance with the rules for storing weapons at the place of residence.

Each UUP is assigned an administrative site where it conducts its work. The boundaries of the precinct are determined by the leadership of the district police authority. Usually 2-3 district police officers work at one site, but there may be only one UUP.

Information about who exactly is the local police officer in a particular administrative area can be obtained on the official website of the regional Ministry of Internal Affairs or directly at the stronghold. The address of the support point (in fact, the UUP workplace is located there) can also be clarified at the Ministry of Internal Affairs, as well as the reception hours.

One of the activities of the district police officer is preventive (door-to-door) visits. In this way, a police representative gets acquainted with citizens who live on the territory of the administrative district, finds out from them whether there are complaints, grievances, etc.

Usually the district police officer knows the names of persons released from prison, as well as those sentenced to punishments not related to imprisonment. He also knows local alcoholics, rowdies and drunkards who constantly violate public order - these are frequent guests of KAZ - administrative detention cells.

When a policeman goes around residents for preventive purposes, he must be in uniform, must introduce himself and show his identification in expanded form .

A police officer can enter a residential premises against the will of the owner only in exceptional cases, if, for example, there is a threat to the life of a person or to prevent a serious crime.

Statement

I live in an apartment located at: _______________________________________________________________________________

My family lives with me: ______________________________________________________________________________, (family structure, presence of small children)

My neighbors living in apartment No. ____ constantly violate my rights and the rights of other residents of our building. So, “____” ____________ 20__ at approximately ______ hour.

______________________________________________________________________________, (they listened to music loudly, shouted songs, made a loud row, used obscene words, made a row, etc.) thereby violating my rights to rest, established by Federal Law of March 30, 1999 N 52-FZ (ed.

dated July 29, 2017) and clause 4 of Art.

17 of the Housing Code of the Russian Federation.

To all my requests not to disturb our peace, to give us the opportunity to rest normally, ______________________________________________________________________________ (they do not respond, they answered in a rude manner, other)

In accordance with Federal Law No. 59-FZ of May 2, 2006 on the procedure for considering citizens’ appeals, I ask: To check the facts stated in the appeal, bring to administrative responsibility those responsible for violating my rights, and oblige me not to violate public order again. Inform the applicant about the measures taken.

Violations of residents living in apartment No. ____ can be confirmed by: _______________________________________________________________________________ ________________________________________________________________________________ (indicate full name and residential address of witnesses)

On criminal liability for knowingly false denunciation in accordance with Art. 306 of the Criminal Code of the Russian Federation I know.

"___" __________________ G. __________________ /____________

Expert opinion

Morozov Ivan Severinovich

Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.

A complaint against neighbors can be ignored if the application: - contains gross grammatical errors; — insufficient information, dates and times of violations are not indicated; — written anonymously.

Complaining about neighbors can help if the method of negotiations and requests does not work, and the person continues to create inconvenience for the other residents or one of them. The contents of the paper do not provide for a strict form, however, there are a number of rules and features required to be followed when preparing the document.

It is important to study these and other nuances in advance in order to be sure that the request will be accepted for consideration and the appropriate influence will be exerted on the negligent neighbor.

What is a district police officer obliged to do upon a citizen’s application?

First of all, in accordance with Order 1166 and the job description, the PMO must register the received message in a special journal. This rule also applies to oral appeals - they are also recorded in it.

Then the district police officer accepts the application for consideration, carries out work on it - requests the necessary documents, conducts inspections, etc. If we rely on the sample presented by us, the UUP is obliged to interview the neighbors and the owner of the residential premises, the applicant R.S. Pavlova. and request information from the Federal Migration Service on the registration of foreign citizens.

The entire check can take place within 3-10 days , in some cases the period can be extended to 1 month. Based on the results, the applicant is given a response.

Specifically, according to our example, when the district police officer detects the actions of violators of silence, he brings them to administrative responsibility and draws up a report on the implementation of preventive work. If illegal border crossing is confirmed, the material for initiating a criminal case under Art. 322 of the Criminal Code of the Russian Federation is transferred to the body of inquiry or investigation.

Grounds for preparing a complaint

The reality is that relations between neighbors are often far from ideal and no one is immune from conflicts of interest. The simplest and most common situation is ignoring the norms of silence and order.

For example, a family with children and a quiet pensioner live on the same site, and their neighbors are an extremely sociable and fun-loving person. Loud music, conversations, and laughter may not cause inconvenience if the gathering is held in the evening or daytime. What if this continues at night?

Usually the situation can be easily resolved through conversation, but not everyone responds to requests. Moreover, some begin to show open aggression, although the blame lies entirely with them.

It is precisely situations like this that prompt people to file a complaint, because residents simply cannot influence the troublemaker on their own. Of course, there are many more cases that can serve as a basis for preparing a paper.

The most common reasons for filing a complaint are:

Ignoring the norms of silence at appropriate times of day. According to most acts at the regional level, all residents of apartment buildings, without exception, are required to comply with rules limiting excessive noise created by neighbors. It is usually permissible to exceed the established limit from 8.00 to 23.00 (for Moscow, the noise ban is valid from 22.00 to 7.00). Outside of this framework, residents should behave peacefully and calmly. If we talk about specific examples, the reason for writing could be excessively noisy gatherings in a neighbor’s apartment, repair work carried out at inappropriate hours, or constantly and loudly playing music.
Inappropriate behavior of neighbors. For example, these could be regular meetings involving the drinking of alcoholic beverages, which result in periodic or constant swearing, shouting, and assault. Typically, such citizens suffer from alcoholism and drug addiction.
Use of living space other than for its intended purpose. In particular, conducting business activities in the absence of registration of a legal entity. Often, apartment owners or their tenants set up almost offices in the premises, which is associated with a constant flow of people and incessant noise. Separately, cases of gambling clubs and other illegal establishments were recorded.
Failure to comply with sanitation standards. If it is noticed that a tenant of an apartment regularly leaves garbage on the site or in the yard without bothering to dispose of it, it is also permissible to write a complaint.
Breeding a large number of animals. Here, unpleasant odors, constant barking, and aggression from pets can be reasons for complaints.
Living in the home of a person with obvious mental disabilities. True, in this case, the complaint will only work if the violator exhibits actions that pose a danger to neighbors.
Flooding of a separate apartment or common areas of the house. In this case, we are talking about systematic leaks, the neighbor’s unwillingness to cover the damage, and also to repair his own plumbing fixtures.
Violation of safety standards. For example, this could be illegal redevelopment, unauthorized installation of utility networks, throwing unextinguished cigarette butts on the site, into a garbage chute, into an elevator shaft, in short, any actions that could cause situations that are dangerous for residents.
Intentional damage to public or personal property, vandalism. For example, tire punctures, doors set on fire and other malicious acts.
Unauthorized seizure of territory. Blocking the stairwell, vestibule, blocking the fire exit - all this can serve as a motive for writing a complaint against a neighbor.

Of course, other situations are possible. The main thing to understand here is that the reason for writing a complaint may be periodic or regular violation of generally accepted norms of behavior and residence.

And also the presence of evidence of this fact. And to begin with, one way or another, it is worth trying to resolve the issue peacefully.

And if the offender ignores or, even worse, reacts aggressively, you can safely start drawing up a paper.

Collective statement

We, the residents of house No. 39 on Pervomaiskaya Street, are writing to you with a complaint against our neighbor Y. G. Khomin, who lives in apartment No. 12.
In recent months, after this tenant moved in, there has been an unlawful disturbance of the peace of citizens at night, namely: loud music is playing , groups of guests can make noise on the landing for a long time, in addition, Khomin Ya.G. often enters into conflicts and behaves extremely incorrectly. Previously, we tried to influence the neighbor, but he continues to disturb the peace.

The law regulating the issues of ensuring peace and quiet in the Moscow region prohibits disturbing the silence from 21.00 to 8.00 on weekdays and from 22.00 to 10.00 on weekends.

In violation of the provisions of the Law, according to the testimony of residents Zhukova N.G. and Rotanya K.P., Khomin Y.G. On February 20, 2021, I listened to music until 03.00, sang songs loudly, and heard the laughter of a large company.

February 25, 2021, according to the testimony of Zhukova N.G. and Baklashkova L.D., Khomin Ya.G. stood on the staircase until midnight and banged on the door with loud screams.

From March 1 to March 7, 2021, noisy renovations were carried out in apartment No. 12 after 19.00.

Thus, the neighbor behaves noisily, systematically violates public peace and the rules of good neighborliness. It is impossible to influence him.

The Moscow Code of Administrative Offenses prohibits disturbing the peace and quiet of citizens during specified hours. According to Art. 16.5 of the Code, officials of the internal affairs department 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 above and the legislation regulating the procedure for citizens’ appeals,

Please:

Consider the complaint according to the procedure provided for by law.
Carry out a fact check of the stated arguments.
Influence the neighbor Khomin Ya.G. by conducting a conversation or imposing a fine on him.

03/09/2020 Signatures and full names of all residents who compiled the complaint

A collective complaint against neighbors, a sample of which is given above, can also be filed with other authorities. Moreover, you can file a complaint with several authorities at once. Thus, the Law of the Moscow Region “On Silence” allows you to contact the administration of Moscow district councils regarding noise at inappropriate times, which is authorized to consider cases of administrative violations. It also doesn’t hurt to contact the prosecutor’s office and, if desired, other authorities.

It should be noted that each region has its own rules regarding administrative punishment of persons who violate public order and improvement.

For example, if you are from Tatarsk, file a complaint, referring to the provisions of the law on administrative violations for the Novosibirsk region.

When submitting an application in person to a government official or district police officer for noisy neighbors, it would be useful to keep a copy of it, which is marked with the date of acceptance of the document.

If sent by registered mail, the return receipt should also be retained.

Today it is also possible to send an electronic complaint.

Where to go

This type of influence, such as a complaint, is most effective if we are talking about a tenant. In this case, it is enough to contact the legal owner of the home to explain the essence of the problem.

In another situation, when the violator and the owner are the same person, the situation may become somewhat more complicated. However, even here you shouldn’t leave everything to chance. It is also recommended to prepare a complaint, but first pay attention to the authority where it will subsequently need to be submitted.

The choice of the structure responsible for considering such cases directly depends on the nature of the violation and conflict. This point is worth studying in more detail.

Complaint to the district police officer

Typically, a complaint against neighbors to the district police officer is filed in case of systematic disturbance of silence at night, drunkenness, or smoking on the landing. Moreover, most often we are talking about dysfunctional neighbors with dubious activities - alcoholics, drug addicts.

Before filing a petition, you should record noise, music, loud conversations on a voice recorder, in other words, record the moment the violation occurred. The complaint must be reviewed within 3 days.

If immediate influence on neighbors is required, it is permissible to contact the police. Moreover, it is best to draw up a collective statement with the signatures of residents of several apartments.

In such situations, law enforcement officers react quite quickly, go to the scene and draw up a protocol. If the neighbor does not calm down, he may be issued a fine.

Visit to Rospotrebnadzor

Expert opinion

Morozov Ivan Severinovich

Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.

Contacting Rospotrebnadzor or the SES (sanitary and epidemiological station) may work if a neighbor maliciously violates sanitary and epidemiological standards. For example:

does not look after pets properly, which provokes the spread of unpleasant odors;

poisons parasites with harmful substances for a long time;

clutters up the apartment, which is why there is an unbearable smell in the entrance and insects appear.

After the application, Rospotrebnadzor employees will conduct an inspection and take measurements, based on the results of which the resident will be issued an order to eliminate the source of the violation.

Complaint to the Criminal Code or to the Housing Inspectorate

It is recommended to contact the housing inspectorate if the neighbors have created a veritable menagerie in the apartment or have carried out illegal work to redevelop the common area. For example, they installed a door that made it difficult to enter other rooms.

A violation will be interpreted as an unauthorized seizure of square meters, therefore, most likely, the tenant will be forced to liquidate such a structure.

But you should submit an application to the management company if:

a neighbor leaves trash on the landing;
the common area is cluttered with personal belongings;
there is periodic flooding by residents from above;
The fact of illegal redevelopment of a home was recorded, affecting load-bearing walls, communications, basements or attics.

In general, if there is a safety violation, it makes sense to contact the fire department. For example, if the homeowner installed any structure, thereby blocking the emergency exit.

Contacting the administration

Of course, it is extremely unlikely that administration officials will take into account a complaint about a troubled neighbor. Unless the appeal is repeated and collective. In this case, it is worth contacting law enforcement agencies at the same time.

Moreover, it is noted that most of all, a complaint to the administration shows effectiveness if we are talking not about an apartment building, but about a land area.

Causes of conflicts with neighbors

Any violation of generally accepted rules of behavior on the part of neighbors is, first of all, disrespect for the people living in the same house with them. However, considering living in an apartment building in the legal framework, it can be stated that inappropriate behavior of a resident of an apartment building is inherently an offense.

In case of any violations on the part of a neighbor, the first thing you should do is try to talk to him: point out the problem that causes discomfort and ask him to solve it in some way. If conversations have not helped, or the neighbor does not make contact at all, it is time to resort to methods of resolving the situation established by law. Let's look at what exactly can be done in various situations.

Noise behind the wall

Complaints about noise from neighbors are perhaps the most common among residents of apartment buildings. Depending on the source of the sound - repair work, a child's cry, loud music, etc., you need to choose who to complain to about noisy neighbors.

The level of permissible noise and the measure of liability for violating established standards are regulated both by federal legislation (Article 23 of the Federal Law of March 30, 1999 No. 52-FZ “On the Sanitary and Epidemiological Welfare of the Population”) and by regional laws detailing the rules for maintaining silence.

So, according to the law on silence in Moscow, you cannot make noise from 23:00 to 07:00, and also make repairs - from 19:00 to 09:00, from 13:00 to 15:00, on Sundays and holidays. At the same time, during the daytime the noise cannot exceed 55 decibels, and at night - 45 decibels.

Of course, it is unlikely that anyone will specifically measure the noise level in an apartment with a sound level meter; here it is rather worth focusing on whether the noise creates discomfort.

In addition, some buildings establish their own rules for using an apartment building, further limiting the possibility of making noise, well, at the contract level. In accordance with this agreement, a neighbor can also be held accountable, but this will be extremely difficult to do: firstly, entering into this agreement occurs on a voluntary basis, and the neighbor could simply not sign it, and secondly, this requires an application to court.

Important! The level of extraneous noise in an apartment depends not only on the degree of activity of the neighbors, but also on the quality of sound insulation. Thus, new buildings must comply with the noise insulation level CH 2.2.4/2.1.8.562-96. 2.1.8. If you bought an apartment in a new building, but you can hear your neighbors behind the wall as if you were at home, this is a reason to file a claim with the developer.

Where to contact:

To quickly solve a noise problem, you must first call a local police officer, who is obliged to respond to the call, find out the cause of the noise and, if possible, eliminate it, and bring the perpetrators to justice.
If noise bothers you regularly, you should try to figure out its cause and, if necessary, involve highly specialized authorities in solving the problem. You can also submit a written complaint to the district police officer about noisy neighbors.
So, if the noise allows us to conclude that the neighbors are mistreating the child, it is worth contacting the guardianship authorities. You can also complain to guardianship if your neighbor is disabled or elderly, suffering from a psychological disorder and in need of help. However, before contacting this government agency, it is better to try to find out more about your neighbors’ family: perhaps they just have a restless child. After all, guardianship can create serious problems even for a normal family.
It is also worth paying attention to the nature of the sounds of repairs: neighbors may be carrying out illegal redevelopment, which will be indicated by the sounds of collapsing walls, tremors, or even the appearance of cracks in the walls or ceiling. The State Housing Inspectorate is authorized to hold people accountable for such violations. It will impose a fine on the violator and also oblige him to restore all structures to their original condition. Subsequently, if the neighbor’s actions caused damage to other apartments, damages can be recovered from him through the court.
You can also go to court for compensation for moral damage caused by constant noise from neighbors. However, you shouldn’t count on much: the court itself sets the amount of such compensation and, as a rule, it is very small, within a few thousand rubles.

Smoking

Smoking in public places, which includes all common areas in an apartment building, is prohibited and is an administrative offense. You can file a complaint with the police about neighbors who smoke.

The situation is more complicated in situations where a neighbor smokes in his apartment, but the smoke penetrates into other living spaces. On the one hand, the owner of a residential premises has the right to do almost anything on his personal territory. On the other hand, his actions should not infringe on the rights of other residents. Judicial practice shows that smoking on your balcony or loggia is illegal if it causes inconvenience to residents. It is unlikely that your neighbor will be fined for this, but through the court you can get a small compensation for moral damage. But if smoke gets to you through the ventilation shaft, then the reason is most likely not in the neighbor, but in improper operation of the ventilation. In this case, you need to contact the management company to set up the ventilation system.

Cluttering of common areas

Sometimes neighbors perceive porches and other common spaces as their personal storage room. This approach not only creates inconvenience for residents, but also violates fire safety standards. Thus, according to clause 5.1.1 of SP 1.13130.2009, the width of passages through which people can evacuate must be at least 1.2 m. Violators of this rule face administrative liability in the form of a fine of 2,000 to 3,000 rubles.

The State Housing Inspectorate or fire supervision can check whether neighbors comply with fire safety requirements based on a complaint from residents.

Residential premises are not used for their intended purpose

In accordance with Art. 17 of the Housing Code of the Russian Federation, residential premises can be used for business activities if this does not violate the legitimate interests of other citizens. It is not allowed to locate production facilities, hotel businesses, or carry out missionary activities in residential premises.

Moreover, there cannot be a brothel or brothel in the apartment: this not only violates the rights of residents, attracting unwanted people into the house, but is also a criminal activity that must be reported to law enforcement agencies.

In addition, the tax office may be interested in illegal business activities.

But it will not be possible to punish owners who rent apartments by the day: according to current legislation, tenants themselves are responsible for their activities. Daily rentals are not considered a hotel business.

Pets

One dog or cat, if all the rules for caring for pets are followed, is unlikely to cause problems for any of the neighbors. However, some situations can lead to conflict:

the animal is left alone for a long time and screams or howls for a long time;
too many animals in one room, which causes unsanitary conditions;
animals walk along the entrance;
the dog is walking without a muzzle or is on a self-walk;
The apartment houses an animal shelter.

All these signs indicate a violation of the rules for handling animals and can subject a neighbor to administrative liability in the form of a fine and even criminal liability for cruelty to animals. Rospotrebnadzor is the authority where you can complain about unsanitary conditions in your neighbors, and the police will deal with cruelty to animals.

If the actions of an animal cause damage to property or human health, the owner of the animal is obliged to compensate for it. In case of refusal of voluntary compensation for harm, you will have to go to court.

Neighbors upstairs flooded the apartment

At the first signs of flooding you should:

take action to stop further flooding: turn off the water and inform neighbors above about the leak;
call representatives of the management company and draw up a flood report. A big advantage when compensating for damage will be the signature of the act by the residents from the apartment above;
take photos of the damage.

If there is evidence of flooding, you can demand compensation for property damage from your neighbor. If the neighbor does not admit his guilt and refuses to pay compensation voluntarily, you need to have the premises examined by a specialized organization that will assess the damage caused and go to court.

If the house has commercial premises

Often, shops, beauty salons and other organizations are located on the ground floors of residential buildings. In general, you can complain about violations on their part as if you were an ordinary neighbor.

It is better to start solving the problem with a written complaint addressed to the organization itself. Fines for organizations for the above violations are many times higher than fines for ordinary citizens, so the store management will not want to escalate the conflict to complaints to government agencies and will fulfill the demands of the residents specified in the complaint.

In case of systematic violations by users of commercial premises - noise, unsanitary conditions, etc., you can complain to Rospotrebnadzor.

Contents of the complaint

There is no specific sample document provided. However, the paper should be prepared in accordance with office work standards.

Information on the following points is required:

full name of the organization to which the complaint is sent;
details of the head of the structure or full name the district police officer responsible for the issue;
information about the complainant - full name, address, contacts;
a description of the essence of the problem, indicating the details of the neighbor against whom the complaint was filed;
an explanation of attempts to peacefully resolve the conflict;
requirements;
a list of evidence (must be attached to the complaint in documentary form), for example, photos, videos, flooding reports, testimony of third parties, expert opinions, etc.;
signature and date of creation of the document.

If a collective complaint is filed, all its compilers should be listed at the end, and each of them must put his own signature. As practice shows, such applications are considered more actively than individual ones.

Complaining about neighbors is considered one of the extreme options for influencing a troubled tenant. And although preparing the document is quite simple, you will first need to determine to which authority the request should be sent.

Expert opinion

Morozov Ivan Severinovich

Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.

Moreover, you should not count on an instant solution to the problem. Typically, such requests are processed within several weeks or even months.

Therefore, first of all, it is recommended to try to resolve the issue peacefully. It is possible that the neighbor will accommodate you halfway without any problems, which will certainly help save both time and nerves.

Conflict situations with neighbors must be resolved within the legal framework. The victim has the right to contact the district administration, the management company or the district police officer.

The choice of the authorized body depends on the reasons. A police report is filed in case of noise violations, child abuse and suspected drug sales.

Let's consider a sample statement to a district police officer against neighbors - a collective complaint.

In what cases can and should you write a complaint against your neighbors?

The basis for a complaint to the district police officer against neighbors is an administrative violation - non-compliance by residents with the rules of the apartment building.

This includes:

exceeding the noise limit;
smoking in the entrance;
keeping an aggressive animal;
drinking alcoholic beverages at the entrance, throwing garbage;
appropriation of part of the common territory, for example, increasing one’s own living space due to square meters of the landing;
allocation of a separate parking space by fencing its area;
insults and slander from neighbors.

Not only apartment owners, but also tenants have the right to contact the district police officer. We advise you to read: “How to make an anonymous call to the police: procedure”

Methods for submitting an application to a district police officer

You can complain about noisy neighbors to the local police during a patrol. In this case, the oral form of address is used. If citizens have broken the law for the first time, it is often enough for the local police officer to have a conversation with them.

If the violations are systematic, then an appeal must be made in writing.

The document is submitted:

police officer on duty. When a citizen complains about beatings or damage to property, the statement must be registered in a special journal. After this, the document is submitted to the district police officer for permission;
to the district police officer during a personal reception. You can find out the schedule when contacting a support point or on the official portal of the Ministry of Internal Affairs for a specific region;
when using a special box. It is most often located on the doors of the stronghold;
sending via mail;
applying through State Services.

You can complain about threats by calling the district police officer on the phone, calling him and reporting the essence of what happened. However, this option is best used when the district police officer has already started working on the application. Otherwise, if the police officer fails to act, it will not be possible to confirm the fact of the complaint.

How to complain?

You can report illegal actions of your neighbors in one of the following ways:

Personal appeal. The reception schedule for the district police officer can be found at the information stand of the stronghold or the regional website of the Ministry of Internal Affairs. In this case, you can apply with a ready-made application (the writing procedure and samples will be below), fill it out at the police department on a special form, or apply orally, and the district police officer will record the stated facts on paper.

The application does not have to be handed over to the district police officer in person. If he is absent from the workplace, the request will be accepted and registered by the employee on duty. The latter will also transfer the document to the addressee, who will carry out further work on it.

Through the Internet reception. In the upper right corner on the official website of the Ministry of Internal Affairs, you need to click on the map image and select your region. Here you will also see a link to the regional website, where you need to go to the section for receiving citizens’ requests online and fill out the fields of the electronic form. Such appeals are considered in accordance with the provisions of Law No. 59-FZ of May 2, 2006.
Send by mail/put in a special box (usually located at the entrances to strongholds). For postal items, you should use the service of sending by registered mail with a list of attachments, so that you have evidence of contacting the UUP.
By phone. Citizens can report violations by their neighbors by calling 102, 112 or the personal number of the local police officer (if known). But it should be borne in mind that if the police fail to act, the applicant will not be able to confirm the fact of his appeal. In fact, this option is recommended to be used in emergency cases that require immediate response or for any clarification on your case.

Procedure

First of all, you can verbally report violations by neighbors and conduct a preventive conversation. If the same person continues to disturb the peace of other residents with his actions, a written statement should be made. You need to proceed as follows:

Write an application and submit it in a way convenient for you.
Make sure that it is registered in a special journal. Confirmation of this will be a special counterfoil, which is handed to the applicant or sent by mail (depending on how the complaint was filed).
Wait for the official response. It will list the actions taken by the police officer or the reasons for dismissing the complaint.

You can find out who is the local police officer for a certain territory on the regional website of the Ministry of Internal Affairs or at the stronghold (this is the actual place of work of the police department).

Deadlines and costs

The deadlines established by law for consideration of the application will depend on the method of submission:

Within 3 days - upon personal submission of the document. During this period, the district police officer is obliged to check the stated facts and draw up a protocol, after which, within 10 days, visit the violators, interview neighbors and take further measures to resolve the conflict situation.
Up to 30 days – when applying electronically.

If the addressee is determined incorrectly (for example, when the location of the offense is territorially assigned to another stronghold), the appeal must be sent within a week to the necessary authority, which will deal with the main proceedings. In this case, the applicant is sent a corresponding notification.

Applications are accepted by the police free of charge, so there is no cost to the applicant. The only exception would be sending a complaint by mail, when you need to pay for postal services.

Also on the topic: Where to go and to whom to complain about poor quality medical care?

What to complain about to the local police officer

You can contact the police in situations where there is a violation of law and order.

Most often, complaints are filed about:

drinking alcohol in the courtyard of a house, which is what youth or adult groups do, preventing citizens from relaxing. The district police officer is given the opportunity to draw up an administrative protocol under Article 20.20 of the Code of Administrative Offences;
presence of smoking neighbors. These citizens violate the provisions of Federal Law No. 15 of 2013 “On the Protection of Citizens’ Health...”;
the emergence of domestic conflicts caused by family relationships or alcohol abuse.

If there is a threat to life, the district police officer is authorized to call an investigative and operational group to record the fact of violation of the law. In other situations, the offense is registered by the district police officer.

In addition, the grounds for calling an investigative team include causing harm to health or theft of property. When noise cannot be considered a violation of public order, the police officer takes explanations from citizens living in the apartment and conducts a preventive conversation.

Note! In the future, the completed material can be used in court to confirm the fact of renting out residential premises to citizens of a foreign state.

If such residents disturb the quiet life of other citizens living in the house, you should contact the district police officer to solve the problem . If such persons do not have temporary registration, penalties are applied to them; in addition, it is permissible to use punishment in the form of deportation.

Other situations of filing a complaint with a local police officer

Before submitting an application to the district police officer, you need to make sure that there is a violation of the law . For example, if an apartment is for rent, then a police officer, after receiving a message about this, transmits the information to the tax authority.

When it is determined that the owner does not pay taxes, appropriate sanctions . If it is necessary to initiate a case under articles of the Criminal Code of the Russian Federation classified as grave, the district police officer is authorized to collect evidence for the case.

It is also necessary to call a local police officer to record a certain fact:

natural death of a citizen;
damage to the car in order to receive an insurance payment in the future.

Important! A collective or individual appeal cannot be submitted to a district police officer if there are disputes of a civil or land nature. The reason is that the police officer lacks the authority to resolve such issues.

In what cases can you file an application?

The duties of the district police officer are established by order of the Ministry of Internal Affairs No. 1166 of December 31, 2012 and are related to the protection of the rights of citizens living in the territory entrusted to him. Thus, you can complain to him on all issues that relate to violations of law and order. For example:

To noisy neighbors. Any noise that exceeds the established standards, as well as failure to comply with the established time when neighbors are allowed to make noise, will be considered a violation. In the latter case, it should be taken into account that time frames differ in different regions of the country, so you need to focus on the requirements of local regulations. We recommend reading: How to measure the noise level from neighbors and prove that the neighbors are noisy
Smoking in public places (on the staircase, playground, etc.), which is prohibited by Art. 12 of Law No. 15-FZ.
For illegal rental of living space. Income received from renting out property is subject to taxation (Article 146 of the Tax Code of the Russian Federation), accordingly, the owner’s evasion of taxes can be used as a legal basis for a complaint, especially when tenants violate the rights of other citizens to peace and quiet.
Personal insult and hooliganism. In the latter case, this may be a gross violation of public order, or any aggressive actions that cause harm to other residents. We recommend reading: What to do if a neighbor threatens physical harm, threatens and insults
On alcoholic neighbors. For the consumption of any alcoholic beverages (including beer) in public places, prosecution is provided under Art. 20.20 Code of Administrative Offenses of the Russian Federation.
In cases of domestic conflicts. They may be associated with hostile relationships between residents of a separate apartment or excessive consumption of alcoholic beverages.
For other situations related to violation of citizens' rights : the presence of aggressive pets, illegal use and littering of common areas, unpleasant odors from a neighboring apartment,

If, in addition to the main violation in the form of noise, smoking, threats also come from neighbors (no matter in written or oral form), Art. 119 of the Criminal Code of the Russian Federation, which provides for liability for threats to cause harm to health or murder.

Collection of evidence

Providing evidence confirming the violation of interests is not a requirement for filing an application. But in their absence, a reaction from the police may not be expected or it will be a mere formality. The following can be used as evidence of an offense:

photo or video materials;
results of the examination (for example, if noise standards are violated, you can use an expert’s opinion on measuring the noise level);
witness statements;
calling the police immediately at the moment of detection of an offense.

Rules for filing a complaint with a district police officer

The law does not say how to write a statement to a district police officer. Due to the fact that there is no form, you only need to comply with the general requirements established for official documentation.

If there is an insult or other violation, when filing a complaint you must reflect:

citizen details and place of residence;
reflection of the essence of the situation that occurred, while not allowing a conversational style, abuse, or insults;
an indication of the measures that must be taken in relation to violators;
date of registration;
citizen's painting.

If personal information about the applicant is not provided, the police officer has the right not to consider the complaint. To avoid mistakes and take into account all the rules for drawing up the act, you need to use the 2021 sample.

If the policeman fails to act

A response to a police complaint must be received within 30 days. If during this time the applicant has not received a report on the activities carried out, he must contact the prosecutor’s office with a request to take action against the employee who is inactive regarding the filed complaint to the police.

The document is drawn up similarly to the sample complaint against neighbors to a district police officer, only the recipient’s data changes.

To increase the effectiveness of contacting the prosecutor's office, it is necessary to attach evidence of the inaction of law enforcement officers to the application:

copies of statements;
counterfoils received during registration of applications;
recordings of conversations with the district police officer (telephone and personal).

The application to the prosecutor's office must record the number of requests. If the inspection confirms these facts, the police officer will receive disciplinary action or be fired.

Life situations

Each noise situation is different. Therefore, it is necessary to consider what to do in certain life situations.

The neighbors do repairs with a drill every day

The law does not prohibit repairs in the apartment during the daytime. Therefore, the noise of a drill, even if it occurs daily, is not a violation of the law.

You cannot use a drill:

on weekends and holidays;
at night;
more than 6 hours in a row;
during a period of silence (if established by regional legislation).

Therefore, if your neighbors use a drill every day, but at the permitted time, you cannot file a complaint against them.

The neighbors' washing machine, hood, and refrigerator are loud

Loud noise from household appliances, including at night, is not a violation. It will not be possible to hold neighbors accountable for using a washing machine or hood at night or on the weekend.

If the sound insulation in the house is poor, then the noise from household appliances can actually be reflected more strongly. In such a situation, it is necessary to go to court with a claim to force the neighbors to correct the sound insulation.

However, in similar situations, different courts made different decisions. Therefore, the result in case of going to court is also not guaranteed.

The neighbors dog is barking

Dog barking is also included in the list of prohibited loud noises at night, weekends and holidays. The owner of the animal is obliged to teach it proper behavior in an apartment building.

In case of barking at night, it is necessary to call the local police officer the next day to draw up an administrative protocol and bring the animal’s owner to justice. The testimony of neighbors must be used as evidence. If they explain that a dog barks at night regularly, then most likely an administrative fine will be imposed on the owner of the animal.

The neighbors are noisy - drunks

Neighbors who are alcoholics can ruin your life for a long time. Unfortunately, there are no legal methods of dealing with such citizens. If neighbors refuse to stop making noise voluntarily, then the police must be called.

In practice, the police stop responding to calls, knowing the address of the rowdies. Therefore, in the daytime, upon application, a district police officer is sent, who can draw up an administrative protocol, but violators - alcoholics - still do not pay fines.

If all the neighbors agree to write a collective complaint to the district administration, then you can try to raise the issue of eviction.

The neighbors' children are noisy

The noise of children during the day and at night is not a type of noise for which one can be held liable. Therefore, calling the police as a violation of silence laws is useless.

However, it is necessary to find out why children make noise:

If preschool children are often left alone in the evening and at night, this is grounds for filing an application with the guardianship authorities. Specialists will check the family to ensure that children are not left alone.
If the noise consists of shouting at a child and a child crying, you need to call the police. The child may be experiencing domestic violence.

As a rule, increased vigilance of neighbors leads to a decrease in noise in neighboring apartments.

Neighbors sing songs at night

Singing and playing musical instruments at night, on weekends and holidays is prohibited. During the daytime, you can sing only within the limits established by law.

For example, the Nyagan City Court decided to evict a resident of Khanty-Mansi Autonomous Okrug from his apartment because he listened to music loudly at night. The apartment was sold at auction, and the funds were transferred to the violator, minus the costs of the auction.

The neighbors are noisy in the entrance

The entrance belongs to common property. If teenagers gather at the entrance and make noise, then you need to call the police. In this situation, the chances of success are greater than when calling to the apartment.

When are neighbors prohibited from making noise?

First, let's figure out what is considered noise. According to the law, noise is sounds whose volume exceeds the norms established by law. Noise standards are enshrined in SanPiN 2.1.2.2645-10:

30 dB – at night;
55 dCb – during the daytime.

Now you need to determine what is considered daytime and what is considered night time. There is no federal law on silence on the territory of the Russian Federation. There is only Federal Law No. 52-FZ of 1999, which establishes the need to maintain comfortable sanitary and epidemiological conditions for residential premises.

The right to establish punitive measures to ensure the sanitary and epidemiological well-being of citizens is vested in the regions. Therefore, periods of silence vary from region to region.

For example, in Moscow, daytime is considered to be the periods from 07.00 to 13.00 and from 15.00 to 23.00. This rule did not apply to new buildings for 1.5 years from the date of delivery of the house.

However, during the pandemic, the mayor of Moscow designated only four hours for noise and repairs during the day: from 9 to 11 a.m. and from 5 to 7 p.m. This rule also applies to new buildings.