How to successfully complain about your neighbor's dog barking: 3 ways to file a complaint

According to Art. 37 of the Civil Code of the Russian Federation, a dog is an object of human property rights, and therefore its actions completely fall within the scope of his responsibility. This situation is quite logical and justified, because the pet’s behavior largely depends on the intentions and commitment of the owner. Aggression, noise and waste products of “smaller friends” should not cause inconvenience to others, violating their rights to a comfortable and safe life. Therefore, for carelessness and inability to timely assess an uncontrollable situation, the “dog owner” must be punished in the form of administrative or even criminal liability. And the most suitable tool here will be a complaint sent to the right addressee.

Rospotrebnadzor

One of the main tasks of the service is to monitor compliance with the sanitary and epidemiological well-being of the population. Therefore, if a dog is a potential source of danger due to improper care, a concerned citizen can notify Rospotrebnadzor about this.

Violations of sanitary and epidemiological well-being include:

• poor condition of the animal (obvious signs of parasite infection, extremely unkempt, neglected appearance);
• the presence of a dangerous disease (rabies, toxoplasmosis, ringworm, leptospirosis and others);
• increased level of noise produced by the dog.

The first instance for complaints to Rospotrebnadzor is its territorial bodies. Each subject of the Russian Federation has an Office of Supervision Service in the field of consumer rights protection and human well-being. You can view their postal addresses and official web pages at https://www.rospotrebnadzor.ru/region/structure/str_uprav.php.

A complaint about illegal actions of dog owners can be sent to:

1. Personally. With a pre-prepared written appeal, you can appear at the address of the territorial authority in accordance with the work schedule of competent specialists or a public reception (information can be found on the official websites of the Departments).
2. By mail. It is preferable to send a complaint by registered mail with acknowledgment of delivery to the addressee - this way the sender will be sure that the letter has arrived at its intended destination and will know exactly the date from which the period allotted by law for consideration of citizens' appeals is calculated*.

* - in accordance with the provisions of Federal Law No. 59-FZ, the period for consideration of applications by competent government agencies is 30 days from the date of registration.

The applicants note that Rospotrebnadzor rarely responds to such requests. But you need to try this option to combat irresponsible “dog owners,” especially since it is very simple to do, and an integrated approach significantly increases the chances of a successful resolution of the problem.

You can also try to resolve the issue through a higher authority - the Federal Service for Supervision of Consumer Rights Protection and Human Welfare. To do this, you need to visit the public reception of the central office on days when employees of the competent department are organizing work there.

Helpful information:

1. You can get an appointment with specialists from the Department of Sanitary Surveillance on Tuesdays, from 13:00 to 16:00, with employees of the Department of Epidemiological Surveillance - on Fridays, from 10:00 to 13:00.
2. Address of the Federal Service: Moscow, Vadkovsky Lane, building 18, buildings 5 ​​and 7.
3. Any information you are interested in can be obtained by calling: +7 (499) 973-26-90.

Writing Requirements

A written complaint is presented on paper, handwritten or printed. The main requirement for this item is legibility and accuracy. Moreover, this concerns not only the characteristics of the applicant’s handwriting, but also the quality of the printed characters - they should not be vague or indistinct. The presence of foreign elements on paper that make it difficult to read the text is grounds for rejecting the application.

The content of the application must be clearly structured and contain all the necessary information about the problem:

• The introductory part is the full official name of the government agency (Federal Service for Supervision of Consumer Rights Protection and Human Welfare or Service Administration in a separate constituent entity of the Russian Federation), full name of the applicant, his contact address, telephone number.
• The main part is the essence of the offense and the purpose of the appeal, important clarifying circumstances, proposals for solving the problem.

The complaint is signed by the person on whose behalf it was drawn up. The filing date must also be indicated.

When writing the essence of the complaint, it is important to adhere to the rules of business correspondence. Politeness, correctness and thoroughness are the main requirements for its content. Threats, aggressive and offensive statements, and obscene language are obstacles to considering the complaint on its merits.

Electronic reception

A service for electronic submission of appeals operates on the basis of the official web portals of Rospotrebnadzor (central office and territorial bodies). It is the same for all service structures and is located at https://petition.rospotrebnadzor.ru/petition/. If the complaint is submitted to the Department in the subject, you just need to select the appropriate value in the line “Which department of Rospotrebnadzor should the appeal be sent to?”

Before submitting a complaint, the applicant will need to determine the expected outcome of its consideration.

If the purpose of the application is to organize an on-site inspection that assesses the presence and degree of threat to life, human health and the state of the environment, the user must follow the link https://petition.rospotrebnadzor.ru/petition/oper_auth_need/. In this case, authorization occurs through the identification and authentication system of the ESIA, and in particular through the State Services portal, where the applicant must create a confirmed account with entered personal data.

If the complaint is of an informational nature or does not contain a requirement to conduct an unscheduled inspection, a simplified electronic form is suitable for filing it - https://petition.rospotrebnadzor.ru/petition/oper_msg_create/. To gain access to creating a request, no authorization is required here - just enter the necessary information about yourself in the appropriate fields of the form.

The window for filling in both cases looks identical.

Only when logging in through the Unified identification and authentication system (USIA), some data will be entered automatically.

what to do with neighbors who complain about their dog barking

rusisra_pets

We moved with the dog to a new apartment. The upstairs neighbor complains that barking is bothering her. He threatens to call “Iria and the veterinarian.” The dog, like all dogs, does bark sometimes; in our opinion, very moderate. I don't know what can be done about this. Other neighbors don't complain.

Is the dog being bullied? In fact, there are no mechanisms to combat real incessant barking. And if the dog does not bark at night and, in general, only when there is a reason (playing, strangers have approached the door), then this is funny. Send your neighbor. She will call the veterinarian. Oh well. He'll come now.

Above us lives a small dog, a breed with a flattened muzzle, where the nose is almost on the forehead, and all hairy. Her voice is thin and clear, it does not bark, but yelps. The dog itself is friendly and funny, I pet it another time when I meet it in the elevator with its owners, and it is happy, it puts its front paws on me. So on Saturday mornings and generally in the summer, she is often left alone on the balcony, I don’t know why, so that she doesn’t get underfoot at home or is too lazy to take her for a walk. And she starts yapping like crazy, one yelp every half a minute, every minute. We can hear it with the windows open in three of the four rooms, but especially in the living room, pinat ohel and in the kitchen, because. balcony above the salon. Closing the windows in the cabin does not help, you can still hear it, and in the morning and evening you want to breathe fresh air, when it is not yet hot or not. There isn't really anyone to talk to there. So what can I say? That on Saturday morning, somewhere after 7, about 8 o'clock, a dog yapps for an hour and you can go crazy listening to it?

We have a balcony and the dog sometimes goes out onto it, but he certainly doesn’t stay there for long alone. I generally understand that barking can be a nuisance, and we try to keep an eye on it. But it is impossible to force a dog not to bark at all.

Girls, I’m writing about painful issues. I lived peacefully in

Source

Self-government body in the housing and communal services sector

A complaint about the occurrence of circumstances that impede comfortable living in an apartment building or private cottage community can be sent to the Management Company or HOA. The person authorized to represent the organization is obliged to respond to the violation if the HOA Charter or the agreement between the residents and the management company stipulate the following responsibilities:

• to ensure and maintain sanitary and epidemiological standards of housing;
• to respect the rights of homeowners to silence, rest and safe pastime in the territory of responsibility of the self-government body.

His competence includes a preventive conversation with the offender and, in case of failure, assistance in solving the problem by contacting the internal affairs bodies and other authorized authorities.

The complaint is drawn up in simple written form, in accordance with the general principles for drawing up appeals, which are given as recommendations for writing an application to Rospotrebnadzor.

Ways to peacefully resolve the problem

Stray dogs: where to go, who catches them

If loud barking is constantly heard in the neighboring apartment, you should not immediately begin to fight it using drastic measures. First of all, you need to try to reach an agreement peacefully. If a neighbor's dog barks, what to do in such a situation is decided not with the dog itself, but with its owner.

A dog may bark because it is not feeling well.

If the pet owner is an adequate person, after listening to complaints, he will try to solve the problem on his own. Don't immediately threaten the police. Perhaps the owner himself is suffering from the current situation, but for him the dog is a member of the family, and there is no way to take it to a private house on the property.

Important! If the dog owner does not respond to the comments, and the situation continues to develop, in these cases you can look for other ways to resolve the conflict.

Federal Service for Veterinary and Phytosanitary Surveillance

In cases where the appearance and behavior of a dog clearly indicates the presence of a disease that is potentially dangerous to humans or other animals, and the owner stubbornly does not want to notice this, a complaint is filed with Rosselkhoznadzor. Notification should first be sent to the local veterinary authority.

If a complaint is ignored or refused to be considered on its merits, it makes sense to contact higher structural units: the territorial Office of Rosselkhoznadzor, and then the central office.

Contacts of state veterinary inspections can be found in the Rosselkhoznadzor Offices. Each of them has an official website, which provides contact information for territorial inspections, and missing information can always be clarified by phone.

To find the portals of territorial departments, you need to go to the main website of Rosselkhoznadzor https://www.fsvps.ru and select the appropriate specifications in the line under the name of the body. Or follow the email address: https://www.fsvps.ru/fsvps/contacts.

The complaint is submitted in accordance with the regulations of the Technical Regulations: during a personal visit to the supervisory authority or by mail.

The central office of the service, in turn, offers 3 ways to file a complaint:

1. By mail - 107139, Moscow, Orlikov Lane, 1/11.
2. To email
3. Through the virtual reception - https://www.fsvps.ru/fsvps/ereception/addComplaint.html. It is proposed to fill out a simple form with a minimum of contact information.

Legal methods

There are several places to turn if your neighbors upstairs or on the floor have a pet that barks regularly. It makes sense to first interview other neighbors before deciding what to do next.

Perhaps there are other residents who are also bothered by a barking dog, and they are ready to deal with this problem. Collective appeals have great power.

Appeal to the district police officer

If a neighbor's pet interferes with sleep at night, and the owners do not make contact and are not going to deal with this issue, you should call the local police officer. This is the first point of contact if you have problems with noisy residents and their pets.

In the presence of the employee, you must complete a written application and submit it for consideration. The police are obliged to give a written response within 24 hours.

If the situation has not changed after the first call, you need to make repeated calls and complain again. All copies of documents should be kept . They will play an important role when going to court.

After the first application, the pet owner will receive a verbal warning from a police officer. If the incident happens again, the noisy tenant will face an administrative fine, the amount of which reaches 3,000 rubles . If repeated calls are made, the noise offender may be detained.

Rospotrebnadzor

An application to this authority will in the future give an advantage in court - the act of application will become one of the weighty arguments when considering the case. Rospotrebnadzor employees, having received a complaint, go to the scene of the incident. They measure the noise level in the applicant's apartment, and then in the room of the noisemaker.

All this data will be recorded in the act and will remain in the hands of the applicant. This procedure should not be neglected, because if you need to go to court, you will need to argue in favor of the plaintiff. Any written evidence of correctness will be taken into account.

Animal Welfare Organization

If your city of residence has its own animal protection organization, it makes sense to contact them with a question about a loudly barking or whining pet. Employees of such communities, due to their capabilities and authority, will try to find out what is the reason that the dog is constantly making noise.

She may be left at home alone, not given proper care, or kept in poor conditions. In such a situation, animal rights activists will try to seize the animal from the owner. This method may not work if the owner refuses to open the door or interact in any way.

Police

Interaction with internal affairs bodies (complaint to the police) begins with an appeal to his local commissioner.

You can make a statement like this:

Or like this (pay attention to the “header” of the appeal):

But it is better to try to find out the full name of the owner of the problem pet, his residential address and indicate the information received in the application. This way, the district police officer will have a better chance of identifying the offender and conducting an educational conversation with him on the topic of administrative and criminal liability on the basis of Art. 1079 Civil Code, Art. 6.3 Code of Administrative Offenses and Art. 118 of the Criminal Code of the Russian Federation.

Inaction by local police officers in this case is also not uncommon, so a determined citizen needs to be prepared to file a complaint against the dog owner with the Ministry of Internal Affairs.

It is important to remember that even an act of attack by an unpredictable animal that has not yet been committed does not define it as groundless. According to paragraph 1 of Art. 1065 of the Civil Code of the Russian Federation, “The danger of causing harm in the future may be the basis for a claim to prohibit activities that create such a danger.” However, if the police consider this complaint to have no legislative basis, the applicant can safely reclassify himself as a plaintiff and begin legal proceedings not only against “dog arbitrariness,” but also against the inaction of police officers.

What rules should pet owners follow?

A legal artifact called “Rules for keeping dogs and cats in cities and other populated areas of the RSFSR”2 is still in force. Courts continue to refer to it when recovering damages caused by a dog to human health3. Dog owners in clauses 2 and 6 of these rules are obliged to:

• ensure the safety of others;
• prevent animals from polluting apartments, common areas in residential buildings, as well as courtyards, sidewalks, streets, etc.;
• ensure silence in residential areas;
• do not allow animals into playgrounds, shops, canteens and other similar public places;
• register and re-register dogs in a timely manner;
• do not allow animals to be kept in numbers greater than those established by the district and city executive committees. (This norm is actually “dead”. Where are these district executive committees now? However, it was “reanimated” in the new Law on the Responsible Treatment of Animals, which will be discussed below.);
• treat animals humanely: do not throw them away, do not leave food and water unattended, do not beat them, etc.;
• present animals at the request of veterinary specialists for examination, diagnostic studies, vaccinations and therapeutic and preventive treatments;
• immediately inform the veterinary institution and health authority that a dog or cat has bitten a person or other animal;
• immediately inform the veterinary institution about the sudden death of dogs or cats, about suspected rabies in animals and isolate them until specialists arrive;
• compensate for damage caused by animals.

Prosecutor's office

Before going to civil court, it is recommended to appeal all violations noticed in the course of resolving the problem in the prosecutor's office. The state oversight body for compliance with the law, if it does not bring the violator to administrative responsibility, will conduct a preliminary inspection and forward the case to the court, monitoring and protesting the judge’s unlawful decisions.

It is better to send such a complaint in writing to the address of the nearest prosecutor's office. You can find out the territorial network subordinate to the Prosecutor General's Office of the Russian Federation through its official website:

1. Follow the link https://www.genproc.gov.ru/contacts/map/?DISTR=&SUBJ= indicate the district and subject of the Russian Federation.
2. From the list of prosecutor's offices found by the search system, select the one you need and go to its official portal.
3. The website of the subject's prosecutor's office must contain a section "Territorial prosecutor's offices" or "Structure", which contains a list of local branches with their contact details.

Structure and content of the complaint:

• Introductory part (“header”) - name of the territorial body and address, full name of the applicant, residence and email address (if available), current telephone number.
• The motivation part is a description of the offense.
• The pleading part is the essence of the applicant’s request.
• Attachments - a list of documents attached to the complaint.
• Signature and date.

How else can you resolve the issue?

Some enterprising neighbors acquire a loud whistle . The sharp noise frightens the animal, so it stops barking. But this method may not be effective if you have small children who sleep during the day. It is also not recommended to whistle at night, so as not to fall into the category of troublemakers.

Ultrasonic alarms can calm an animal without irritating human hearing. But long-term use of such a device will have a depressing effect on the animal’s psyche. This may qualify as intentional infliction of bodily harm.

Court

The statement of claim is filed with the district court at the defendant’s place of residence. Such an appeal is drawn up in the same way as an application to the prosecutor's office, only the introductory part, in addition to information about the plaintiff, contains the name of the court, information about the defendant and the interested party (if any). In the petition part, you can indicate not only a request to stop the offense, but also compensation for causing physical and/or moral harm.

An important component of documentary support of a claim is evidence. In a case against a dog owner, this may include eyewitness accounts (neighbors or passers-by), video recordings of violations, medical certificates confirming the most horrifying cause of action - personal injury.

Possible causes of incidents

Bitten by a dog, where to go, which doctor

Before you think about what to do and where to go if your neighbors dog howls, you need to find out the reasons. They can be different:

1. A disturbance in the animal's psyche. If the dog is choleric, it is very difficult for the owners to shut him up. Such a pet can bark around the clock for no reason.
2. The dog is kept in poor conditions, is rarely walked with, and is poorly fed. In such a situation, the intervention of neighbors is often necessary to stop the abuse of the animal.
3. The dog is sick - it will complain about its health by barking and whining.

Important ! Often, if a neighbor's dog constantly barks, even its owner cannot figure out what to do. In such a situation, you can seek advice from a professional dog handler.

Consequences for the violator

Depending on the severity of the offense, the dog owner faces the following measures:

• fine;
• forced labor;
• short-term arrest;
• seizure of a dog;
• imprisonment.

Attention! The dog is also protected from cruelty (Article 245 of the Criminal Code of the Russian Federation). Any lynching is criminally punishable. For a crime against an animal, a person faces a hefty fine, correctional labor for 1–2 years, or imprisonment from 6 to 24 months. Therefore, it is recommended to seek compliance with your rights exclusively within the framework of the law.

This is according to the law, but what is according to conscience?

No matter what problems a noisy animal causes, you should not resort to cruel methods. Poisoning a dog, shooting it, or using brutal physical force against the owner will be prosecuted by law.

You can use advice, for example. purchase a device that produces ultrasound. It will scare away the animal.

The experience of the Republic of Belarus can be a good example. Here every owner pays tax for his dog. This approach will force owners to more carefully monitor their pet, which is not cheap.

The legislative framework

The grounds and procedure for appealing unlawful actions or inactions of dog owners are regulated by the following legislative acts:

1. Federal Law “On the Sanitary and Epidemiological Welfare of the Population” dated March 30, 1999 N 52.
2. Decree of the Government of the Russian Federation of June 19, 1994 N 706 “On approval of the regulations on state veterinary supervision in the Russian Federation.”
3. Law of the Russian Federation of May 14, 1993 N 4979-1 “On Veterinary Medicine”
4. “Criminal Code of the Russian Federation” dated June 13, 1996 N 63.
5. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 N 195.
6. “Civil Procedure Code of the Russian Federation” dated November 14, 2002 N 138.
7. “Civil Code of the Russian Federation (Part One)” dated November 30, 1994 N 51.

Why can a dog bark constantly?

A folk sign says that if a dog constantly howls, barks and barks, then this promises wealth, a visit from guests, and good news. Howling and whining, on the contrary, promise trouble for the dog’s owner. People who suffer from loud barking dogs are unlikely to care about signs.

Pet whines near the window

From a scientific point of view, when a dog howls and barks day and night, this is not normal behavior for the animal. A happy animal will not bark constantly, late at night and early in the morning. When an animal whines and howls loudly, help is required not only for the neighbors for whom it disturbs their sleep, but also for the dog himself.

Dog handlers identify the following reasons for loud barking:

• lack of food or water;
• aggression from the owner;
• boredom during the absence of the owner;
• fear of being alone;
• the consequences of inept training on the protection of the house and site.

Rules for writing and filing a complaint

There are no special requirements for writing a complaint, but it is important to adhere to some rules:

• specify the exact address of the organization where the complaint is being sent (it can be found via the Internet),
• write your full name, contact details (address for sending a response),
• indicate the date of contact with the responsible person or organization,
• enter the name and details of the person to whom the appeal is sent,
• then describe the problem in full and in chronological order, that is, why you are filing a complaint, what rights have been violated, what illegal actions have been committed against you,
• describe the requirements put forward to the person who violates your rights: apologize, bring disciplinary action, etc.
• Complete the appeal with the date and personal signature.

Watch the video. Where to go and what to do if your neighbors are noisy: