How to file a complaint against a neighbor on a plot of land to the administration?

Application for a neighbor

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Man is first and foremost a social person. People contact each other every day. Communication implies compliance with a number of rules that regulate the entire process of interaction between people. The freedom of each individual ends at the place where the freedom of other individuals begins.

But what actions should be taken if citizens living next door cross all boundaries, disturb the peace and violate your rights? In this case, it is necessary to draw up an application for the person who lives next door.

Trees closer than 2 m, bushes 1 m from the fence

In addition to buildings, you need to carefully approach the plantings on your site. Thus, planting trees and bushes next to a neighboring plot can cause:

1. Unfavorable shade for the neighboring area, which interferes with the growth of plants;
2. Creating an unfavorable microclimate on neighboring land;
3. Threatening neighbors' property in stormy weather.

To prevent the above problems, the legislator established the following norms for the distances between the plant and the border of the neighboring plot:

• For trees - two meters;
• For bushes - one meter.

If these rules are violated, a claim must be filed in court.

How to write a statement against a neighbor in the area

The application to an official working for the department of public security, that is, to a district police officer, must be drawn up according to an officially accepted template, or in a form that meets all the requirements for filling out these documents.

This paper is drawn up in writing, but it is possible to convey the information directly in a conversation with a representative of the authorities, with the condition that all transmitted information will be recorded verbatim by the district police officer and certified by the signature of the applicant. The law also provides for the registration of any such application, which is carried out directly by the district police officer himself or at the duty station. This procedure ensures that the request submitted by the citizen will be considered.

If the application is drawn up in your own hand, its presentation must be literate and clear, and also contain all important information. The addressee of this document is the local inspector or internal affairs bodies. In the latter case, the submitted application is sent for consideration to the head of the department, who forwards it to the district police officer.

It is unacceptable to include your own reasoning and guesses in the application; you need to indicate only those facts that you saw with your own eyes. If there are witnesses to the phenomena described, their personal details and contact information should be indicated.

Having described in writing all the observed events and outlined the problem that has arisen, you can give examples of measures of influence that, in your opinion, should be applied to a citizen who has committed an offense. But only those measures that are provided for by the laws of the Russian Federation will be applied to the violator of the order. After the written text, at the bottom of the sheet the applicant must sign and decipher it, as well as indicate the date the application was written.

In order for the request to be guaranteed to reach its destination and be considered by the appropriate official, it must be submitted to the authorized body by mail, by sending a registered letter, or in person, by going through the official registration procedure and receiving a receipt.

Blocking the passage

The legislator guarantees each owner of a land plot the opportunity to get to it without obstacles and complications. In addition, citizens have the right to freely visit public areas without anyone’s permission and without restrictions on the time spent in such areas.

Any plot of land on which it is permitted to erect permanent buildings must be provided with a pedestrian passage, at least one meter wide, as well as a passage for cars, at least three and a half meters wide.

Therefore, if neighbors block the driveway or otherwise impede access to the site, this is a violation of civil rights. To restore rights, you must file a claim in court.

Sample application for a neighbor

An application submitted to a local inspector for citizens living in an adjacent area must contain the following information:

Where to file a complaint if neighbors in the area do not comply with sanitary living standards?

What to do if neighbors have seized part of the land plot, read here.

Applications that do not contain information about the citizen who wrote it are, in most cases, not subject to consideration. As an exception, requests containing information about serious offenses may be considered.

The laws of the Russian Federation stipulate specific deadlines within which an application submitted to an official for consideration must be processed. They depend on the workload of the district inspector to whom this paper is addressed and on the subject of the Russian Federation where this event takes place. The complaint must be reviewed within 3-30 days from the date of filing.

There are other factors that may affect the processing time for applications. No one is obliged to tolerate violations of their rights. If citizens living in adjacent areas commit offenses, there is no need to endure this, because there is an opportunity to show civic activity.

Application consideration period

A citizen’s appeal in the form of a complaint can be submitted orally, in writing or electronically. A written appeal is registered upon submission. It is advisable to have another copy of the complaint with you, on which will be marked that the complaint was accepted and the date of registration.

If a complaint is filed in the form of an electronic document, it must be registered within three days. And after registration, a 30-day period begins to run, during which government agencies are obliged to consider the appeal, take the necessary measures and provide a response.

The law also provides for situations when a state or municipal body has the right not to consider a received appeal:

• the complaint contains obscene or offensive words;
• it is impossible to determine the essence from the content of the complaint;
• on the issues specified in the complaint, the citizen has already been given explanations and recommendations, or the answer to the question raised in the complaint has already been posted on the website of the government agency when considering a similar appeal;
• an answer to the questions specified in the complaint cannot be given, since state secrets would be violated.

In all cases where it is impossible to provide a response to the complaint, the state body informs the applicant about this within 7 days from the date of registration. If over time the reasons have been eliminated, the citizen can again file a complaint.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Who can file a report against a neighbor?

According to the adopted laws, every person who has Russian citizenship can, in the event of a violation of the rights and freedoms prescribed in the Constitution of the Russian Federation, file a complaint with an authorized official.

Most often, a statement indicating the facts of certain violations is written by the owner of a private house located in the neighborhood, of course, if we are not talking about a residential apartment building.

Taking into account the above, any person whose freedoms and rights prescribed by law have been violated once or more can file a complaint against citizens living in adjacent areas.

Application form

Content

A complaint, like every similar document, is a written form of application. A collective complaint is considered to be a statement signed by two or more citizens.

The document must certainly contain:

1. Designation of the department to which the document is sent.
2. FULL NAME. and residential addresses of the applicants' neighbors.
3. The reason for writing it.
4. Evidence of misconduct.
5. The date of the document drawn up, as well as the signatures of the neighbors who joined the complaint.

One option for a collective complaint could be that such a letter could be drafted by a representative of a group of people on their behalf.

Grounds for application

In life, neighbors often behave so inappropriately that it is impossible to resolve the relationship peacefully. In such circumstances, you have to file a complaint against them with the departments that are authorized to resolve such conflicts. To effectively resolve problematic conflicts between neighbors, it is recommended to file a collective complaint. Such a collective statement is unlikely to be ignored by the relevant structures. Depending on the reason, a complaint against neighbors can be written based on the following circumstances:

1. Constantly scattering garbage in common areas.
2. Noise from neighbors, which is the most common problem for residents living in an apartment building with soundproof walls. Loud music, the squeal of a drill from 6:00 in the morning, the stomping of running children, rowdy behavior - can be a good reason for filing a complaint.
3. Keeping pets, as a result of which comfort is disturbed due to the constant barking of a dog at night, or a huge number of pets that emit stench and noise.
4. Unauthorized redevelopment of an apartment that threatens the safety of housing construction or creates certain inconveniences for neighbors.
5. In addition, the following may be reasons for writing a sting:

• Regular flooding and refusal to compensate for losses caused.
• Organizing hangouts in the apartment, with suspicious friends who look like drug addicts or thieves in law, constantly pestering neighbors, begging for a “bottle.”
• Incomprehensible sounds, with fights and pleas for help, or drunken discos at night, ending in brawls, etc.

In the presence of the listed violations, neighbors have every reason to collectively contact administrative departments to restore proper order.

Complaint about a neighbor on a land plot to the administration

Home » Land » Complaint against a neighbor on a land plot to the administration

In life, conflict situations often arise between neighbors. The reason for this may be various circumstances: noisy behavior of the owners of neighboring plots, violation of the boundaries of land plots, flooding of plots with sewage and other unpleasant incidents. What can be done in this situation? How to protect your rights?

One of the measures to respond to illegal behavior on the part of neighbors is to send a complaint to the local administration. Let's consider the intricacies of this process.

Buildings closer than 5 m - a house, 1 m - small architectural forms and a bathhouse from their fence

Buildings built close to an adjacent fence can cause several problems:

1. A large shadow is created between the houses. As a result, plants planted in this place grow poorly, and the soil takes a long time to dry out after rain.
2. Discomfort from the close proximity of windows of neighboring houses.
3. Sewage water, as well as snow from the roof, can fall onto a neighbor’s house, which will negatively affect its condition.
4. Building a house close to the boundary and installing an additional fence may threaten to violate the boundaries of the neighboring property.

Due to the possibility of such problems arising, the legislation regulates the minimum distance that must be maintained between the building and the neighboring site. So, for different types of buildings there is its own norm:

• for a private house - five meters;
• for small architectural forms and baths - one meter.

If these rules are violated, a claim must be filed in court.

How to write a complaint against a neighbor on a plot of land to the administration

Filing a complaint against the owner of an adjacent plot contains a number of procedural nuances. First of all, before sending a claim to the local government, collect evidence confirming the illegality of your neighbor’s actions. If the violation of your rights is expressed in the illegal seizure of territory or sewerage flooding, conduct an independent examination.

When making claims, make reference to the expert opinion. In the future, if your issue is not resolved positively by the administration, the information provided by the experts will be useful in court proceedings. You will be able to recover the material costs of paying for the services of specialists from the guilty party in the future.

If the owner of a neighboring plot refuses to resolve the conflict peacefully, document this fact (written refusal of the owner to stop illegal actions and compensate for the losses caused).

Supporting evidence of violation of your rights includes the following materials:

A very effective option for suppressing negative actions on the part of a neighbor is to file a collective complaint. Often, the majority of owners of neighboring plots are dissatisfied with the behavior of a dysfunctional neighbor.

What is SNT

SNT is a gardening non-profit partnership that brings together summer residents to solve economic issues. The organization exists officially, so it must be registered with the tax authorities. The date of origin is considered to be the time the legal entity was entered into the Unified State Register. To create a group, the desire of at least three participants is sufficient, although the number of members is unlimited.

According to federal law, non-profit partnerships operate on the basis of the Charter. The document contains information regulating the relations of members. When compiling the text, all relevant rights and obligations that the organization must fulfill are taken into account. Additional items can be introduced after agreement with all members.

What is SNT Source 365news.biz

Sample complaint against a neighbor on a land plot

An application to the local administration on the issue of suppressing unlawful actions of a neighbor is drawn up in any form. The main thing is to correctly state all the circumstances of the conflict issue with a clear justification of the causes and consequences that occurred as a result of violated rights.

The main provisions that must be reflected in the complaint:

Application against a neighbor.

Where to complain if neighbors on a plot of land burn fires every day, read here.

In addition, in the application, indicate the norms of legislation (civil, land, administrative) that were violated as a result of unlawful actions of the owner of the adjacent land plot.

Finish your complaint with a request to help resolve the conflict situation and take measures to protect your rights. Be sure to indicate the date the document was drawn up and sign.

In accordance with current legislation, such requests are considered within thirty days. It is recommended to make a copy of the application in advance so that when submitting the application, the administration employee responsible for accepting documents will put a registration number on the photocopy. In the future, the period for consideration of the complaint will be counted from the date of receipt of documents. Based on the results of the review, you will be presented with a written response indicating the measures taken against the unscrupulous neighbor.

Question answer

Question: Can a person whose interests were not affected complain about the unlawful actions of the chairman?

Answer: Even a witness to an incident during which the current law or the rights of the partnership participants were violated can file a complaint with the prosecutor’s office.

Question: The prosecutor's office did not reveal any violations, citing the lack of appropriate justification. What to do in such a situation?

Answer: A submitted complaint may indeed be rejected if it turns out that the applicant did not provide a sufficient amount of evidence. Therefore, it is important in such requests to always clearly describe the situation and convey all available information. Alternatively, you can try to resolve the situation during civil proceedings by preparing a sufficient amount of materials and evidence.

Question: The Audit Commission does not want to accept a request to conduct an audit. The submitted document is not registered under any pretext and remains unattended. What to do?

Answer: If the audit committee makes every effort not to record the request, it should be sent by mail with a notification letter. In this case, the document will be accepted for consideration, and the commission will be obliged to conduct an unscheduled inspection. But in this case, there is reason to believe that its members act in collusion with the chairman and protect his interests. Accordingly, there is no point in waiting for the results of the audit, since they are unlikely to be reliable. In such a situation, it is better to immediately contact the prosecutor's office.

Question: We are planning to sell a plot on the territory of SNT, which is owned by another family member (for more than 20 years). But the chairman demands payment of outstanding dues (for the entire term), which we did not pay, since we did not actually use the site. The outstanding amount of debt is more than 100 thousand rubles. At the same time, they refuse to provide us with a calculation and an application for joining the partnership (there is none, since we did not write it). Are we obligated to pay, and is the chairman exceeding his authority?

Answer: In this case, the parties to the conflict will not be able to avoid legal proceedings. To understand the situation with debts on membership fees, you need to look at the minutes of general meetings and the charter. But, in accordance with Art. 196 and art. 200 of the Civil Code of the Russian Federation, only debts for the last 3 years are subject to collection.

Grounds for filing a complaint against a neighbor on a land plot to the administration

A well-drafted appeal to the authorized government body will allow you to promptly stop unlawful actions and prevent negative consequences.

The reasons for which it is necessary to immediately seek help from the local administration are as follows:

These reasons are the most common. However, the cases that served as the reason for the appeal can be very different. Each situation is considered by local government officials on an individual basis, based on the specific circumstances of the case. However, in any case, the most important issue is the collection of evidence to establish an actual violation of your rights. Therefore, pay special attention to this issue.

Depending on the nature of the neighbor’s unlawful actions, along with contacting the municipality, write a corresponding statement to the relevant government body whose competence includes resolving these issues. For each fact, the supervisory authority conducts an unscheduled on-site inspection and, if violations are detected, an order is issued. If gross violations are detected by a government agency, administrative proceedings are initiated.

For example, if a neighbor violates fire safety standards (burning garbage in unauthorized places, lighting fires in the immediate vicinity of buildings), contact the Ministry of Emergency Situations department that oversees fire safety issues. In case of soil contamination or contamination, submit a request for inspection and protection of your rights to the Rospotrebnadzor service.

Issues of compensation for losses incurred as a result of illegal actions are resolved in court within the framework of civil proceedings. But when going to court, you must provide all evidence of pre-trial settlement of disputes.

In this case, this may be a notification of sending a written appeal to the neighbor with a demand to stop illegal actions, as well as an application to the local government body.

Source

Evidence base

Any appeal will be considered, but in order for all points to be taken into account, it is necessary to attach evidence of the event described in the complaint.

Acts, conclusions and any other documents of government bodies can serve as evidence if there have already been appeals regarding the commission of illegal actions by a neighbor.

For example, a neighbor makes noise at night, repeatedly organizes drunken parties, while his guests occupy or enter your territory, and based on these facts there are appeals to the police, the Ministry of Emergency Situations, and the security of the gardening partnership.

Other evidence will be photo and video recordings from surveillance cameras, video recorders and simply phones. It is better to print out the photo and attach it to the complaint.

Various opinions of experts or cadastral engineers, for example, in case of unauthorized seizure of part of the land or flooding, will become a weighty argument confirming what is stated in the complaint.

Note! The costs of paying independent experts will have to be borne by the applicant. It will be possible to recover them in full or at least in part only after going to court and the court decision entering into force.

If a collective appeal was unsuccessful and an individual complaint was filed, other aggrieved neighbors can be named as witnesses.

When considering the appeal, the applicant’s attempt to resolve the issue independently, without involving government agencies, is positively assessed.

In order not to be unfounded, to confirm attempts to resolve the issue amicably, it is better to use the mail services and send a demand to the neighbor to stop illegal actions, indicating the deadline, and after its expiration, file a complaint.

Sample complaint against a neighbor in the garden

The current issue has to be resolved using the letter of the law.

Statistics on civil cases show that 20% of cases are related specifically to violation of the right to use a darkened land plot . Moreover, in some cases, neighboring trees and buildings shade the plaintiff’s home or garden area.

Of course, you can resolve the issue through the court , but first talk to your neighbor. Perhaps he will make concessions and transplant the tree to another place.

SNT Vinogradovo portal

WHAT CAN NEIGHBORS IN THE Cottage COMPLAIN ABOUT?

The summer season is in full swing; many city dwellers spend, if not vacation, then at least weekends, outside the city. And they collide with their neighbors. Yes, they are not as close as in a high-rise building, but they are still there. The RMNT website found out what your neighbors may complain about and what standards need to be followed in their summer cottages.

The first thing neighbors in the country may complain about (and very often do) is the seizure of territory. We can literally talk about tens of centimeters by which you moved the fence. Or you have already bought a fenced plot. Don't rush to swear. Pick up the documents for your plot and check the land survey plan. Maybe the neighbor is right. Is there no land survey plan? As the portal Rmnt.ru has already written, in case of disputes regarding the size of land plots, it is necessary. Therefore, call a surveyor or cadastral engineer who will help restore justice.

Important! If in fact it turns out that you built something on your neighbors’ territory, for example, out of ignorance, due to the lack of a boundary plan, you will have to demolish it at your own expense. Moreover, neighbors may try to get compensation from you through the court.

For unauthorized occupation of a land plot, you can be fined 1–1.5% of the cadastral value, but not less than 5 thousand rubles. If the cadastral value has not been established, the fine will be 5–10 thousand rubles.

The second common reason for complaints from neighbors is a fence that is too high, a garage along the border of the property, or tall trees that create a thick shadow. The regulations for the location of outbuildings and other buildings must be observed! Neighbors will be able, through the court, to, for example, demand that the chicken coop be demolished, an overgrown tree cut down at your expense, and the barn moved. The fines for such violations reach 5 thousand rubles.

Important! It often happens that a tree grows in one area, and apples, pears, plums, nuts, and so on fall over the fence to the neighbors. You cannot climb over and harvest! Neighbors may well complain about such an intrusion. Everything that fell over the fence from your tree is no longer yours, but your neighbor’s, according to Article 261 of the Civil Code of Russia.

Let us remind you once again that starting from 2021, fire safety requirements have been tightened. Therefore, neighbors may well complain to the police and the Ministry of Emergency Situations if you barbecue next to their fence and burn garbage, causing them to cough from the acrid smoke.

One of the most common reasons for neighbors' complaints is noise at night. If you decide to meet with friends and relatives at the dacha, in the fresh air, remember that after 23:00 loud screams, songs, and music are prohibited. Neighbors have the right to call the police in this case. The first time you will be warned, the second time you will be fined up to 3 thousand rubles.

Even stricter rules regarding noise from lawn mowers and trimmers. You can only work on your lawn from 9 a.m. to 7 p.m. and on weekdays. The rest of the time you can only tear the grass with your hands or work with hand tools. The same rules apply to cutting firewood and trimming branches - you can only make noise with a gas or electric saw during the day.

Important! Neighbors may also complain that water from your hose has flooded their property. Or you sprayed poison, fertilizers, sprayed trees and the products ended up on your neighbor’s apple tree or garden bed.

Not everyone is lucky with their dacha neighbors. But still, disagreements must first be resolved peacefully. For example, ask not to mow the grass with a trimmer at lunchtime when the child is sleeping. You can and should negotiate! Remember that litigation is a last resort when peace negotiations have failed.

Source: https://www.rmnt.ru/story/garden/na-chto-mogut-pozhalovatsja-sosedi-po-dache.1863797/?utm_referrer=https%3A%2F%2Fzen.yandex.com#go-video -po-theme

How to write a statement of claim to the court correctly?

Standard application forms are available in all judicial authorities, where you can also find a sample form to fill out in advance and complete it properly.

If you write an application at home, be sure to indicate in it:

Do not forget to attach documents to the ownership of the land plot and home ownership, confirming your right, in accordance with Art. 304 of the Civil Code of the Russian Federation.

During a court hearing, there are several ways to prove a violation:

You can also prove an offense using the minutes of a meeting of board members - this is the case if you have an HOA, SNT and other cooperatives and partnerships. As a rule, commission members determine where violations are noticeable during the construction of structures.

Here are some requirements for the construction of houses and other buildings on the territory of gardening associations

You can attach photographs of the location of trees or structures that cast shadows on your property. If possible, take a photograph with a measuring stick attached (to more accurately indicate the location) and the indicated date - the more recent the photo, the better.

Please note that you will not have to defend the lack of agreement on the conflict issue. The defendant will have to prove otherwise in order for the judge to reduce the sentence.

Of course, the defendant will not be sent to prison, but face administrative liability .

Still have questions? Just call us:

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Powers of the Chairman

The head of a gardening non-profit partnership is the person who is responsible for managing the organization. A person is considered an employee, elected by vote for a term of 2 years. The executor may have a deputy and a secretary subordinate to him.

All financial transactions are carried out under the control of the SNT chairman. The director represents the gardening partnership in local authorities. A person in office has the rights:

• Sign without a power of attorney. Conclude service agreements or sign business and financial documents.
• Make transactions. On behalf of SNT, purchase or sell materials and equipment.
• Use common property. A gardening partnership often owns equipment and supplies.

The chairman of the SNT has many obligations that are limited by law and the Charter. Protecting the rights of the dacha community is the main task of the manager. The contractor respects the interests of the members, defending them in administrative bodies. The official monitors the life of the gardening team, solves problems and resolves conflicts.

Head of the Gardeners Association Source go64.ru

The chairman of the SNT monitors the condition of dacha plots and equipment, roads and communications. The manager cannot independently make decisions on spending; this requires the agreement of all members. The official reports on financial expenses to members of the non-profit community.

SNT Svetozar Source rsgji.ru

All important issues are resolved at meetings. If the owners of summer cottages are dissatisfied with the work of the chairman of the SNT, then the executor can be removed ahead of schedule. Reasons for dismissal include:

• lack of experience;
• health problems;
• refusal to issue documents upon request;
• financial fraud;
• absence from work for more than 10 days.

Where to complain?

A conflict situation with neighbors often requires the involvement of authorized bodies. However, there are many special organizations. It is necessary to figure out which body the application needs to be sent to in order to get the desired result.

The application can be personal or collective. When filing a collective complaint, you must list the details of all neighbors who signed it (full name, apartment number, signature).

The legislative framework

To correctly file a complaint, you should be guided by the following legislative acts:

1. Code of the Russian Federation on Administrative Offenses dated December 30, 2001. N 195-FZ (as amended on July 31, 2020).
2. Land Code of the Russian Federation dated October 25, 2001. N 136-FZ (as amended on July 31, 2020).
3. Federal Law "On the Prosecutor's Office of the Russian Federation" dated January 17, 1992. N 2202-1 (as amended on July 31, 2020).
4. Criminal Code of the Russian Federation of June 13, 1996. N 63-FZ (as amended on July 31, 2020).
5. Federal Law “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation” dated July 29, 2017. N 217-FZ (as amended on July 31, 2020).

How to write?

In 2021, there are several ways to contact authorized bodies:

The easiest and most accessible way is to apply electronically. To refer him, no special knowledge is required, no need to find out the appointment time. Moreover, it can be issued at any time of the day.

None of the authorities will consider an anonymous complaint. The applicant must provide his details and address so that his identity can be identified.

Let's take a closer look at how to draw up an application.

The most common violations of rights in SNT

As a rule, SNT members have virtually no information about what activities the governing bodies of their SNT are engaged in. This contributes to numerous rights violations.

For example, violations often occur in the procedure for convening a meeting of SNT members, fraud occurs regarding the unlawful spending of contributions from SNT members, and sometimes theft of this money.

The rights of gardeners are also violated in that management often goes beyond their powers, oppressing the former, engaging in arbitrariness, etc. However, members of the SNT, like all citizens of the Russian Federation, need to know how to protect their rights and how exactly to file a complaint against the chairman of the SNT.

How to expel the chairman of SNT

Very often complaints are received specifically against the chairman of the SNT. This is a key position on the board of a horticultural non-profit association, therefore, as practice shows, the most numerous violations occur on their part.

If the main official of your non-profit gardening partnership is a violator, then he should be stripped of his position. However, how to do this? Many people ask this question.

The first course of action may be to remove the chairman from office. Each SNT has its own main document - the charter, which must contain all the rules relating to the position of the chairman, and provisions regarding the dismissal of this person from office.

However, as often happens, such attempts to restore rights are often suppressed by the violator himself, because having already committed a violation, he will continue to benefit himself by all means at the expense of members of the gardening community.

In addition, by removing the chairman from his seat, you will not be able to receive any compensation if you suffer material losses, because no one will be able to hold him accountable.

Complaint to the prosecutor's office against the chairman of SNT

Another method of influence could be an application for SNT to the prosecutor's office. The main way to protect violated rights is to file a complaint. The form of such an application is no different from the standard one, which is on the website of the Prosecutor's Office of the Russian Federation.

The application is drawn up as follows. Starts with an introduction. This contains information: from whom (name, address) and where (organization, position, address) the complaint is being sent.

It is necessary to indicate that the application is sent specifically to the prosecutor’s office in your area. If there are several applicants, you must provide information about each. As a rule, all this is written in a small column in the upper right part of the sheet.

The introductory part is completed by the heading “statement” in the middle of the sheet. The following is a description of the situation. First you need to write who the applicant(s) are and which SNT members they are. Then information is written about the actual facts of fraud.

You must always remember that if you indicate the most specific information possible - the exact date or time, exact location, positions, then the process of production on your case will go much faster and easier.

To improve effectiveness, facts and evidence should be provided. This is the most important part of the application; the success of your enterprise depends on how correctly it is filled out. It is for this reason that there are now many organizations offering legal services, including writing such statements.

After this comes the pleading part, as lawyers call it - you can ask the prosecutor's office to conduct an inspection. It is an inspection, not an investigation, because not so long ago all investigators were removed from the prosecutor’s office - now it is only a supervisory and inspection body. It would be better to cite here the specific legal norms that are violated by the chairman.

After that there is a part with attached documents and signatures of all applying members. For example, several neighbors in a partnership who filed an application for the chairman of SNT.

The prosecutor's office will conduct an inspection, during which all violations committed by the chairman will be revealed. Further, depending on the severity of the offenses, the chairman may be brought to administrative or criminal liability.

In the first case, a fine will be imposed on him (this is the most common form of punishment), and in the second, everything can even go to prison if violations, such as theft, violate articles of the Criminal Code of the Russian Federation.

However, in this case, the chairman will not in any way compensate for the damage caused to the applicants personally, because he will be subject to liability of a different nature. Application forms are often posted on the prosecutor's office website.

Going to court

If a member of a gardening partnership wants to receive compensation for material or moral damage, he must go to court. In this case, civil proceedings begin. The type of your application will be a civil lawsuit. The application will need to be filed in the district court. This is another option where you can complain about the chairman.

Sample

The law does not establish a uniform template for complaints against neighbors to various authorities. However, in [current_date format='Y'] year, you can use the option of electronically contacting the organization’s website.

Almost every state and municipal organization has the ability to accept electronic applications.

But specialized bodies cannot refuse written statements either. Therefore, choose the option that is most convenient for you.

The rules for considering written and electronic applications are identical. The response must be sent to the applicant within a period not exceeding 30 days from the date of receipt.

A written application to any authorized body must include the following information:

Sample complaint against neighbors

city ​​administration

As a rule, a complaint to the city administration is filed against citizens who rent an apartment under a social tenancy agreement. Since the owner of social housing is the municipality, they are responsible for the decent behavior of tenants.

If the tenant and his family members lead an antisocial lifestyle and violate the rights of their neighbors, they can be evicted by a court decision.

But in order for municipal specialists to learn about the employer’s misbehavior, neighbors must convey this information to them. Since the information will be needed to go to court, the information must be provided in writing.

The main points for which you need to contact the city administration with a complaint about your neighbors who are renting an apartment under a social tenancy agreement:

Important! It is useless to write a complaint to the administration against the apartment owners. The municipality does not have the power to influence property owners.

to the management company

An appeal to the Criminal Code is filed if a neighbor has illegally seized part of the common property. Common property belongs in equal shares to all homeowners.

Personal use is not permitted. Examples of such violations are unauthorized occupation of attics and basements, stairwells, strollers and other common areas.

If a citizen fenced off part of the common territory, but did not have the right to do so, the issue must be resolved by the management company. If the violator refuses to independently restore the rights of his neighbors, then the management company is obliged to sue him.

The complaint to the authorized body is sent in written or electronic form.

to the housing inspection

The main reason for contacting the housing inspectorate is violation of the rules for redevelopment of premises. The law provides for contacting the housing inspectorate at the location of the property.

In accordance with the law, for redevelopment it is necessary to coordinate the work with the authorized bodies. If the process is carried out without approval, the court may oblige the owner to return the premises to their original condition. If a violation is detected, the housing inspection specialist will issue a fine in the amount of 2,500 rubles.

Another function of the authorized body is to monitor the performance of duties by management companies and homeowners associations. If residents are dissatisfied with the quality of the services provided, they can engage a housing company.

Specialists will check the standards for the provision of utility services. If violations are detected, the company will be held accountable.

The Housing Inspectorate does not have a centralized website. Therefore, you will have to find the website for your region yourself.

For example, Moscow residents can leave an application for the housing inspection on the website of the Electronic Reception of the Moscow Government.

to the fire department

A complaint to the fire inspectorate is necessary if neighbors litter common areas:

The fire inspection function in 2021 is carried out by the Ministry of Emergency Situations.

The complaint can be sent in person or via the online reception desk on the Ministry of Emergency Situations website.

The application can be written with or without authorization through the State Services portal. Therefore, you can file a complaint against a neighbor even if you do not have a personal account on State Services.

Where to contact?

If conflict situations arise among neighbors that interfere with peaceful coexistence, you have to file a complaint with the relevant structures. Often, when drawing up a complaint, the question arises: - Where to send the complaint to effectively resolve the problem? It all depends on the type of offense and each circumstance must be considered individually.

The simplest solution to any conflict situation is to contact the local police officer. Complaints to the district police officer are the most common type of litigation between neighbors.

• If a neighbor is constantly making noise at inappropriate times, the district police officer is obliged to familiarize himself with the collective statement of the neighbors and quickly respond to the document received by interviewing the residents of the entrance and drawing up a report on the troublemaker.
• If the local police officer does not respond to the complaint, then in this option the neighbors need to send a complaint to his superiors - to the police department.
• If nothing is done there, then the next complaint will have to be sent to higher structures up to the prosecutor’s office and, possibly, even to court, about the inactivity of law enforcement agencies. As a rule, the persistence of residents sooner or later leads to a positive solution to the problem and the offender is “restrained.”
• If a neighbor keeps many animals that interfere with the normal functioning of the residents, it is recommended to file a complaint with the homeowners association (HOA).
• In case of unauthorized redevelopment of an apartment that affects the interests of neighbors, you must contact the management company (MC) and the housing inspection (HI).
• If neighbors litter, a statement can be sent to Rospotrebnadzor, which is authorized to resolve such issues.
• In case of flooding, a local police officer or an appraiser is invited to assess the damage, and if the neighbor refuses to compensate for the losses caused, the conflict can be resolved through legal proceedings.

To summarize, it can be noted that each collective complaint is made only in writing in a free style. Therefore, residents here usually do not encounter any difficulties when registering it.

Difficulties may arise when going to court. To fill out a statement of claim, you will most likely need to contact a lawyer, since if the claim is incorrectly drawn up, the court will return the documents without consideration.

Management company and HOA

Today, to manage multi-apartment housing construction, a management company or HOA can be used, whose responsibilities include compliance with multi-storey housing construction in the normal state, including sanitary standards. Therefore, complaints from residents are most often sent to the management company or HOA and written to the head of the management company or the chairman of the HOA. Of course, these officials cannot take effective measures against violators, but they are authorized to resolve conflict situations using other authorities.

The reason for filing a claim with these institutions may be:

1. Neighbors constantly throwing garbage at the entrance.
2. Keeping animals without proper care.
3. Walking dogs in undesignated places and without a muzzle.
4. Smoking in unauthorized places.
5. Littering of the local area with large items.
6. Noise in the apartment, creating discomfort for neighbors, both during the day and at night.

If the management company or homeowners association ignores a collective complaint, this may become the basis for sending a complaint to regulatory agencies, for example, to the housing estate. It is recommended to attach materials to such a complaint certifying the fact of the appeal to the management company or HOA.

To the district police officer

According to Law No. 15-FZ of February 23, 2013 “On the Protection of Citizens’ Health...”, smoking is prohibited in entrances or common areas. If neighbors constantly violate such rules by smoking in the entrance and ignoring neighbors’ comments, you can file a collective complaint from the neighbors to the district police officer. Considering that smoking in unauthorized places is also a violation of fire safety regulations, a fire inspector can also be involved to eliminate this problem.

Also, there may be grounds for inviting a local police officer in the event of noisy gatherings in the apartment, loud scandals, drinking alcoholic beverages at the entrance and in other common places.

Upon receipt of a complaint, the district police officer is obliged to go around the neighbors, verify the reality of the violation of order by interviewing the neighbors, and draw up a report on the violator, followed by the imposition of a fine in accordance with the Code of Administrative Offenses of the Russian Federation.

If the district police officer ignores the applicants’ complaint about the unlawful actions of the troublemaker, then the applicants can send complaints to higher structures up to the district administration. If the violator ignores the warnings, then the neighbors have the right to petition the administration to evict him. Art. 91 of the RF Housing Code provides for such a decision for systematically ignoring the rights of neighbors and the violator can be evicted by a court verdict. This measure, of course, is an extreme one, and is rarely used and only for tenants. It is practically impossible to evict the owner of the apartment.

Police

Submitting a collective complaint against a neighbor to the police is possible if a previous complaint to the district police officer did not lead to a positive result. The basis for filing such a collective claim may be:

1. Loud noise at night.
2. Violation of sanitary order.
3. Use or distribution of drugs.
4. Damage to collective property.
5. Violation of the rules for using a residential apartment.
6. Actions that lead to damage to health.
7. When the lives of neighbors are threatened.

As already noted, you first need to invite the local police officer and hand over the complaint to him personally. If there is no response from the district police officer, the complaint must be sent to the district department of the Ministry of Internal Affairs.

If there is an urgent need and there is no local police officer on site, if a crime has been committed by a neighbor, you must call “02”.

Rospotrebnadzor

The reason for filing a collective claim with Rospotrebnadzor may be a violation of sanitary and epidemiological rules by a neighbor, or if the neighbor is a carrier of airborne diseases. When drawing up a collective application to Rospotrebnadzor, it is required to display information about the neighbor in a letter, along with evidence of the identified problem.

Court

Going to court with a class action lawsuit is a last resort, which is used if all previous measures against a negligent neighbor have not led to a positive result.

The pleading section of the claim expresses a requirement to impose an administrative or criminal penalty on the neighbor who violates the order, or to award compensation for material or moral damage. The requirements must be supported by reference to the legislative provisions of the Russian Federation, otherwise the claim will be rejected by the court. Therefore, when drawing up a statement of claim, it is recommended to seek the help of a lawyer.

Evidence must be attached to the claim. The availability of such evidence is a key factor in legal proceedings.

When sending a claim to court, we must not forget about the statute of limitations, which, according to general rules, is three years from the date of the offense.

Where can I complain about the chairman of the SNT?

The position of chairman of a gardening non-profit partnership is considered elective and reporting. It is understood that all actions can be monitored and, if necessary, appealed.

Any disagreements that arise are resolved in accordance with the statutory procedure, to which the chairman of the SNT is subordinate. If the conflict is not resolved, the issue of appealing the actions of an official becomes relevant.

Grounds for a complaint against the chairman of the SNT

An appeal against the actions of the SNT chairman can be made by one citizen or collectively. The key aspect in this matter is the grounds for filing a complaint:

• waste of general funds collected for the needs of the partnership;
• fraudulent actions with documents or property of SNT;
• arbitrariness, excess or abuse of authority;
• other actions that violate the rights of the partnership participants.

Often a complaint is made due to the incompetence of the SNT chairman in managing the partnership. However, such a basis is not considered a sufficient reason for filing an application.

Where to contact?

There are two ways to appeal the actions of the SNT chairman :

• through the prosecutor's office;
• in a court.

Significant violations require contacting the prosecutor's office. In this way you can appeal against fraudulent transactions and forgery of documents. They also contact the prosecutor if the chairman of the SNT steals money.

It is recommended to contact the prosecutor's office in cases where the actions of the chairman of the SNT pose a threat to the life and health of the participants of the partnership.

Less significant violations are dealt with through the courts. Disagreements regarding the charter, personal conflicts, other issues. Before filing a claim, it is necessary to comply with the pre-trial settlement procedure.

How to file a complaint?

A complaint against the chairman of the partnership does not have an approved form and is drawn up according to general rules. When preparing, adhere to the general rules, sequence of presentation and essential conditions. Structurally, the document is divided into three main parts.

The introductory part is the header of the document, placed in the upper right corner. Here they write:

• the name of the institution to which the complaint is filed;
• full name of the official to whom the application is addressed;
• information about the applicant; in case of a collective application, a list is compiled;
• passport and contact details of the applicant or person representing the interests of the partnership;
• in the middle the name of the document is written - a statement or complaint against the chairman of the SNT.

The main part describes the situation:

• the official against whom the complaint is being filed is indicated;
• information about the partnership is provided;
• briefly and succinctly describes the conflict and the grounds for filing a complaint;
• evidence of violations is recorded and relevant materials are attached to the application;
• references are given to legislation or the SNT charter, the norms of which were violated by the chairman.

The final part of the application states:

• the applicant’s requirements - they must clearly reflect the desired outcome of the application;
• list of attached documents - charter of the partnership, evidence of violation, other papers;
• the date of the complaint and the signature of the applicant; in case of a collective appeal, all persons listed on the list are signed.

Copies of evidence confirming the grounds of the complaint are attached to the application. During the application review process, originals of relevant documents may be required.

Sample complaint against the chairman of the SNT

A complaint against the chairman of the SNT is drawn up in free form, by hand or in print. The document must take into account the rights and obligations of the parties in accordance with the law and the charter of the partnership.

How to submit an application to the prosecutor's office against the chairman of the SNT?

As in many other areas of human life, relationships in Garden Non-Profit Partnerships can develop in a variety of ways. However, things are much more serious if problems arise specifically with the chairman of the SNT.

Most often this is due to the fact that he refuses to correctly fulfill his own duties or begins to use his position by deliberately committing violations.

The position of the chairman of the SNT itself is elective and fully accountable.

But how to stop violations and force the chairman to fulfill his own duties? First of all, this cannot be ignored and such situations must be stopped immediately.

Various law enforcement agencies will help you achieve results.

In our article we will tell you how to file a complaint against the chairman of the SNT to the prosecutor's office and exactly how it needs to be drawn up to achieve the best result.

When should you contact the prosecutor's office?

Any citizen can file a complaint with the prosecutor's office in case of violation of his rights or possible violations of the law by one person or another.

Of course, in case of crimes, you need to contact the police, but in cases of non-compliance with the law by organizations or responsible persons, you need to contact the prosecutor's office.

Moreover, both the directly injured party and a witness to the incident can write a statement. In the case of SNT, even a whole group of citizens who are its members can contact the prosecutor’s office.

Reasons for filing a complaint with the prosecutor's office may include:

• Waste of membership fees or earmarked funds for completely different needs;
• Cases of theft;
• Fraud due to the position of the chairman of the SNT;
• Arbitrariness. This point was not introduced in vain, because the chairman of the SNT is obliged to listen to the decisions of the meetings, as well as implement them;
• Fraud with documents and creation of counterfeit papers;
• Violations of the rules for the location of various objects or their use for other purposes, including the illegal location of landfills or public facilities;
• Other actions that require verification or investigation to identify the full nature of the violation.

It is also worth noting the fact that many violations may pose a danger to SNT members in the future.

That is, for example, knowingly illegal savings on fire safety or electricity standards can lead to dire consequences. It is for this reason that it is necessary to stop violations in order to avoid further losses or damage to each of the members of the partnership.