What to do and how to deal with it if your upstairs neighbors are constantly making noise and disturbing your sleep?

Living in a multi-storey building or in your own house, you are unlikely to avoid meeting your neighbors. You can often find friends among your neighbors, but sometimes you can meet ones that spoil your mood for many years. Among this category of neighbors there are rowdies, lovers of alcoholic beverages, throwing noisy parties, those who like to smoke in hallways and others who violate public rules of conduct.

A statement sent to the local inspector may, in some way, influence their behavior.

Responsibilities and powers

Content

The police inspector is called upon to ensure control over the implementation of public order rules in the area assigned to him, helping to prevent, for the most part, administrative offenses.

To ensure control and prevent offenses, the district police officer may call the guilty person for a conversation, visit him at his place of residence, etc.

The main responsibilities of a district police officer include:

  1. Monitoring compliance with rules of conduct in public places.
  2. Assistance in the search for criminals or persons suspected of committing unlawful acts, as well as missing persons.
  3. Help in determining the identity of unknown corpses.
  4. Accompanying citizens for compulsory treatment determined by the court.
  5. Supervision of the circulation of weapons, according to the law of the Russian Federation.
  6. Control of traffic rules in a designated area.

For preventive work, the district police officer is obliged to carry out educational activities within the framework of the approved routine.

The powers of the district police officer are reflected in the order of the Ministry of Internal Affairs No. 1166 dated December 31, 2012. The inspector can provide assistance with:

  • Violation of public rules of behavior by third parties.
  • Failure to comply with the night silence regime (from 23.00 to 7.00).
  • Unknown presence of persons in basements and other areas of the building.
  • Sales of prohibited goods (alcohol, drugs, weapons, etc.).
  • Use of local areas for children not for the intended purpose (drinking alcohol, parking cars, etc.)
  • Illegal renting of rooms to individuals without registration.
  • Callous treatment of children, etc.

Thus, the district police officer is obliged to engage not only in educational activities, but also in the direct maintenance of law and order. The specificity of its activities extends mainly to administrative misconduct.

In what cases should you complain to a local police officer?

In multi-story buildings, there are countless reasons why neighbors are forced to contact an inspector.
The most common include: 1) Noise. The basis for a complaint to the inspector regarding such a violation is a reference to Law No. 52-FZ of March 30, 1999 “On Sanitary and Epidemiological Health...”. According to the standards of this law (SanPiN 2.1.2.2645-10), noise during daylight hours (from 7.00 to 23.00, and in some regions until 22.00) in a living area is not allowed above 40-55 dBA, which is equivalent to the conversation level. During the remaining period, the noise should not be stronger than 30-45 dBA, which is equivalent to a whisper or quiet speech.

2) Disturbances caused by neighbors. Neighbors organizing parties with drinking alcoholic beverages in public places (entrances, playgrounds, etc.) may be subject to administrative punishment in accordance with Art. 17, 83, 91 Housing Code of the Russian Federation, art. 293 Civil Code of the Russian Federation.

If a complaint is received for such an offense, the offender may be expelled, and his living space sold at auction.

3) Garbage and dirt in the entrance. The source of the crime can be both immediate neighbors and their pets. If people in the neighborhood litter cigarette butts in the entrance, drink alcohol, or throw out garbage on the way to the garbage chute, you need to send a complaint to the head of the housing office. If the boss does not respond to the situation, then it is necessary to contact the district police officer with a complaint about ignoring the standards of the Housing Code of the Russian Federation.

Installation of additional doors.

Installation of doors in the entrance, without permission, which prevent access to other apartments, is also the subject of frequent complaints.

4) Flooding of the apartment. In case of flooding, the housing office must be notified. In such cases, utility services issue a report of damage to the lower-level apartment. But what if the neighbor is absent? In this option, you need to invite the local inspector and the Ministry of Emergency Situations to open the neighbor’s door.

It should be noted that the above list of situations that require contacting an inspector is far from final.

When can a complaint be filed?

To file a complaint, you will need some compelling reason. There are quite a lot of them, since citizens living in apartment buildings must comply with a fairly large list of rules. So, the main reasons for filing a collective complaint against neighbors are:

  • Violation of sanitary standards. The main task of each resident of an apartment building is to maintain the cleanliness of their home at the proper level. This is important not only from the point of view of maintaining personal hygiene, but also from the point of view of maintaining cleanliness throughout the entire house - poor sanitary conditions in at least one apartment can significantly affect all residents. So dirt, bad smell, the appearance of pests are a very good reason to file a complaint against your neighbor;
  • Constant flooding . Flooding of an apartment by neighbors is a very serious problem, since the property of several owners may be damaged, and the consequences can be long-term (dampness, damage to walls, mold). And if a single flood can be resolved without any problems, then regular violations may serve as grounds for contacting the appropriate services.
  • Violations of repair rules. Repairs always mean noise, dirt and a large amount of construction waste. That is why there are many rules that regulate repairs in apartment buildings. For example, there are many standards governing the time of work and the level of possible noise during its implementation. Also, improperly performed work can pose a threat to the home and sanitary standards, and unapproved redevelopment can create problems when reselling the home. So a complaint can be filed both if the repair is disturbing, and if it is carried out in circumvention of the norms established by law.
  • Improper keeping of animals . Many families keep one or more pets at home. But, unfortunately, not everyone follows the rules for keeping their pets. Violation of the rules can lead to both high noise levels at late times and the creation of unsanitary conditions. In addition, some animals simply cannot be kept in an apartment due to the rules established by law. So if a tenant does not know how to care for his pet or has a zoo at home, then the neighbors have the right to file a complaint against him.
  • Violation of the silence regime . Each region of the Russian Federation has a separate law that regulates the level of permissible noise in an apartment. However, the levels differ for daytime and nighttime. And violating the permissible noise level can lead to discomfort, insomnia and even poor health. That is why exceeding the permissible noise level is the most common reason for filing a collective complaint against neighbors.
  • Improper use of living space . The use of the apartment is limited to certain standards. For example, you cannot set up shops, production lines in them, install certain equipment and do things that the apartment is not intended for. Moreover, it is forbidden to set up brothels in apartments and use them for other illegal purposes. If you find out that your neighbors are using the apartment for other purposes, you have the right to file complaints.
  • Inappropriate behavior. Sometimes it happens that a frankly inadequate neighbor moves into neighboring apartments and simply does not allow those around him to live in peace with his behavior. It is not necessary to tolerate the antics of such people, and there are many rules and regulations that will allow you to evict a neighbor if his actions are considered illegal.

How to write a complaint to a local police officer in 2021

The complaint is subject to consideration only if it is filled out correctly.
Such an application is usually submitted in writing and drawn up on a blank sheet of A4 paper. There is no strict template for writing an application, so the letter can be filled out in any style, either yourself or with the help of a local police officer. The filing of a complaint is carried out as follows:

  1. The letter begins by filling out the “header”, in which you need to display the address where it is sent, full name. district police officer, indicating his rank.
  2. Next, fill in the applicant’s details, indicating his full name, registration address and display of contacts.
  3. Then, a little lower, in the center of the line, fill in the title of the document “Application” or “Complaint”.
  4. The descriptive part of the letter lists the facts of offenses, with reference to the regulations of the Russian Federation. The letter must clearly state the essence of the event, the reason for the appeal and refer to the legislative norms of the Russian Federation.

Most often you have to deal with the following regulations, the clauses of which are violated by unreliable neighbors:

  • Constitution of the Russian Federation (clause 3 of article 17).
  • Government Decree of the Russian Federation No. 25 of January 21, 2006 “On approval of the rules for the use of residential premises.”
  • Code of Administrative Offenses of the Russian Federation (Article 20.1), in case of insult, obscene language.

After presenting the facts, a request is made to take action against the neighbor who committed unlawful actions, displaying his exact address and preferably his full name.

To confirm the facts stated in the complaint, it is necessary to attach testimony from the residents of the house, who must join the complaint by signing the document.

At the end of the completed application, the date and signature of the applicant and witnesses (if any) are affixed.

Further actions consist of sending the completed document to the destination, i.e. to the district police officer.

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.

In some cases (for example, if it is necessary to initiate a criminal case for a serious crime), the OPD will not make a decision independently, but will only collect material for its further transfer to the investigative authorities.

Document structure

The application to the district police officer must contain:

  1. "Hat"
  • The name of the stronghold where the letter is sent, the details of the district police officer, indicating the full name are displayed here. and ranks.
  • If a complaint is written by 1 person, his details are displayed, showing his full name, address and contacts.
  • When making a collective application, the details of each victim are filled in.

Note. Consideration of anonymous complaints is carried out in exceptional circumstances, only if the conversation is about a serious criminal offense.

  1. The name of the document, which is written using .
  2. Descriptive part. This part sets out the essence of the letter, showing the place where the unlawful action was carried out and the persons who committed the offense. You can post a link to the legislative norm of the Russian Federation that served as a prerequisite for sending a complaint.
  3. Requirements for the offender, listing the measures that must be applied to the person who has violated public rules. The requirements must comply with the legislative norms of the Russian Federation.
  4. Application.

Here you can attach materials confirming the offense. As evidence, you can attach a photograph or video, audio recording, witness testimony of the offense, expert findings, etc.

The date the complaint was filled out and the signature of the applicant or several applicants.

When presenting the essence of the offense, you must not use profane expressions or insults. The style of the complaint must be businesslike, with a “dry” presentation of the facts.

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).

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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.

Court

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. 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.

The procedure for filling out an application to the district police officer is not particularly difficult. But in the absence of experience in drawing up such documents, additional questions may arise. What wording should I use? What can be presented as evidence? How can you justify your claims taking into account legal norms? You can get answers to them at a free consultation with the lawyers on our website.

How to file a complaint with a local police officer

Complaints to the inspector may be made:

  1. Orally.
  2. Submitting a written complaint during a personal visit to the stronghold.
  3. By sending an application by mail with notification of its receipt by the addressee.
  4. Sent electronically via the Internet.
  5. By calling 102 or 112.

Recently, an electronic message has become widespread. Citizens of the Russian Federation can send a complaint to law enforcement agencies in electronic form by going to the website of the Ministry of Internal Affairs at the link mvd.rf/request_main.

After opening the main page, you need to perform the following operations:

  • Find the desired department.
  • Familiarize yourself with the procedure for sending and reviewing emails.
  • Click on the “Submit Application” button.
  • In the pop-up window, fill out the form according to the instructions and type the text of the complaint.

The shipment is registered within 3 days and the response will be sent to your postal or email address no later than 30 days.

Note. If the sent letter does not fall within the competence of the recruited unit, it will be registered and forwarded to its intended destination.

If the statement did not produce effective intervention on the part of the district police officer, you can call the hotline of the Ministry of Internal Affairs of the Russian Federation at 8-800-222-74-47.

Sample statements to the district police officer about neighbors

A complaint is a tool for pre-trial conflict resolution, for taking action against the person who committed the offense. Receipt of a complaint obliges the district police officer to take the necessary measures and provide a response to the complainant.

Complaints are usually drawn up on a blank sheet of paper, A4 size. Considering that there is no unified form for such an application, the complaint is drawn up in a free style, in compliance with the rules for composing official business letters.

Below are samples of several different complaints, with the ability to download them.

Application for noisy neighbors

The most common violations encountered are in multi-storey buildings, where there are noisy, drunk and drug-using neighbors who do not pay attention to the comments of the residents.
The most effective way to deal with such neighbors is to complain to the site inspector. The document is drawn up in the form of an application, which requires displaying:

  1. Address of the stronghold, indicating the full name, chief, and his rank.
  2. Details of the applicant who filed the complaint.
  3. The title of the letter is “Application”.
  4. The essence of the offense, with a statement of specific facts and evidence. The applicant’s demands to restore order are also set out, with reference to the legislative norms of the Russian Federation.
  5. Date and signature of the sender of the letter.

Sample application for noisy neighbors

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How to write a statement to the local police officer about your neighbors dog

If pets create discomfort for neighbors, pollute entrances and local areas, this is a prerequisite for filing a complaint with an inspector. The application must provide specific facts and reasons for the dissatisfaction. There must certainly be a reference to legal regulations. This is especially important if the dog is walked without a muzzle, which can pose a serious threat to the health of others.

Note. According to legal norms, a dog is an object of property for the owner, so he is responsible for it, like any other property, and improper maintenance of a pet can result in an administrative fine for the owner, and sometimes even criminal prosecution.

The time it takes to consider a complaint about a neighbor’s dog will be shorter if the letter to the district police officer is signed by the team.

Sample application to a local police officer for a neighbor's dog

Collective or personal complaint?

Better, of course, collectively. Yes, they will consider the personal one, but the collective one is more convincing. It is necessary to convince the authorities that the person is violating the rights and freedoms of other residents by his actions.

Therefore, you should attract as many witnesses as possible from among your neighbors to your side. They should be indicated in the application (only the name and apartment number are allowed).

Noise that violates your rights must be repeated and carried out systematically . No one will punish brawlers for a one-time “wake up.” Be sure to mention in your complaint which neighbors are on your side and where you have already applied.

Statement to the district police officer against neighbors for insulting

If a person contacts an inspector because of an insult, the victim will first need to do the following:

  1. Try to resolve the conflict with a peaceful agreement, persuading the offender to apologize.
  2. Collect the necessary evidence.
  3. Show the offender the documents and threaten to report to the police.
  4. Write a complaint to the district police officer.

Upon receipt of a complaint, the inspector is obliged to conduct an interview with the violator. If offenses are repeated, the inspector may issue a fine to the offender. If this does not give effect, you can file a lawsuit to demand moral compensation.

Note. The chances of getting an effect from the complaint will increase if the letter is accompanied by testimony from witnesses confirming the fact of the insult.

Sample statement to a district police officer against neighbors for insulting

Where to contact

The choice of the institution to which the complaint will be sent depends on the nature of the violation and the neighbor’s willingness to meet halfway and correct the situation. A collective application can be submitted to the management company (or HOA), Rospotrebnadzor, police or court.

Management company and HOA

The list of responsibilities of the management company and the homeowners' association includes maintaining the apartment building in good condition, including the need to monitor compliance with sanitary standards. If the behavior of neighbors has caused a deterioration in sanitary conditions or they regularly flood residents on the floors below, then a complaint can be sent to these authorities.

The reason for contacting may be:

  • regular appearance of garbage in the entrance from neighbors;
  • lack of animal care;
  • walking dogs without a muzzle in the wrong place;
  • smoking in public areas;
  • filling the common area with large items;
  • activities in the apartment that create discomfort for neighbors;
  • regular noise at night, etc.

You can complain verbally, but in this case there will be no confirmation of your complaint. It is better to prepare a written document. If the management company or HOA does not respond to the collective statement, this will become the basis for contacting regulatory agencies.

In particular, you should report this to the housing inspectorate. The application must be accompanied by documents confirming the fact of an unsuccessful appeal to the management company or HOA.

Police

You should file a police report if your neighbor’s actions show signs of an administrative offense or crime:

  • noise at night;
  • violation of sanitary standards;
  • use or distribution of drugs;
  • destruction or damage to someone else's property;
  • violation of the rules for using residential premises;
  • actions that resulted in harm to the health or threat to the lives of residents.

First, you should contact the local police officer. The complaint is submitted to him personally. However, if you urgently need to stop your neighbor’s activities, and there is no way to wait for the district police officer, you should call 02.

The inaction of the district police officer is the basis for appealing to higher authorities. You can complain about failure to perform official duties electronically. If a neighbor has committed a crime, then you should submit an application to the district department of the Ministry of Internal Affairs.

Rospotrebnadzor

You need to contact Rospotrebnadzor if your neighbors do not comply with sanitary and epidemiological standards or are carriers of diseases that are transmitted by airborne droplets.

When contacting Rospotrebnadzor, the neighbor’s details are also indicated and evidence of the existing problem is attached.

Court

Filing a claim is an extreme measure that is resorted to when all other methods of influencing a negligent neighbor have not helped. The pleading part of the claim states a requirement to stop the neighbor’s unlawful actions, impose administrative punishment on him (or criminal, depending on the act), as well as compensation for material (and moral) damage caused by the neighbor.

The requirements for the statement of claim are prescribed by law. Any deviation from the registration rules will result in the return of the claim to the applicant. We recommend that you seek the assistance of a lawyer to draft this document.

In addition to the claim, the applicant must provide evidence of the information contained in the document. The list of attached materials is specified in the text of the application. Having evidence is key.

When going to court, you also need to remember the statute of limitations. As a general rule, it is three years from the date of the offense.

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

Before filing a complaint about a neighbor’s wrongdoing, it is necessary to prepare direct evidence of his unlawful actions. If a person smokes in the entrance, you will need to stock up on:

  1. Photographs documenting smoking.
  2. Written testimony from neighbors.
  3. Creation of video footage recording the offense.

Having prepared such evidence, you can safely send a complaint to the district police officer. The letter will need to display:

  1. Address of the stronghold, full name inspector and his rank.
  2. Applicant's address.
  3. Address, location of smoking - outlining details of smokers.
  4. Information about the actions taken to resolve the problem (conversations, asking people to smoke on the street, sticking up notices banning smoking.
  5. Requirements for taking action against the violator, with reference to legislative norms.

Sample application to the district police officer regarding neighbors smoking in the hallway

Collective appeal

In order for the complaint to have more weight, it can be filed collectively. To do this, you need to talk with other residents and ask whether the illegal actions of a common neighbor are causing them any inconvenience. If the applicant has like-minded people in this, they should also be included in the appeal process.

To draw up a collective complaint, it is enough to correctly formulate the general requirements, list in the “header” the appeals of all applicants (full names and addresses), and under the text, at the bottom of the sheet, ask them all to sign.

If there are a lot of people who want to pacify troubled neighbors, it is recommended to exclude information about the applicants from the introductory block and move it down or to the back of the paper, opposite the signatures.

The more signatures a complaint collects, the higher the likelihood that it will be “heard” by the authorities competent to resolve such issues. And an unscrupulous tenant himself can adjust his behavior under public pressure.

Actions of the district police officer after receiving a complaint

After registering a complaint, the district inspector must understand the stated facts and do the following:

  1. Warn the applicant about the penalties for making a false report.
  2. Register the complaint in the citizens' reception register.
  3. Meet with the offender, conduct a preventive conversation with him and convince him not to commit an offense in the future.
  4. In a preventive interview, warn the offender about the consequences if the latter does not stop violating public order.
  5. If the offender has repented and promised to behave with dignity in the future, the inspector must prepare a resolution to cancel the initiation of the case (if any).
  6. If the violator ignores all comments, the inspector draws up a protocol of administrative violation, with reference to the article of the law.
  7. Send a response to the applicant with a message about the measures taken.
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