Neighbor and neighbor rushes to fight and yells what article can be applied
How to be.read answers (1) Tags: Neighbors Fighting Provocation What happens if a neighbor in the village hit his neighbor with his fist in the nose. (this neighbor tied a horse to the neighbor's fence who hit it. The fence fell and now all living creatures enter through the hole)read answers (1) Tags: Write a statement to the police Magistrate's court Criminal liability Domestic fight. We had a fight with a neighbor, he hit me with his head, I instinctively pushed him hard, he fell very hard and hit his head (2) Tags: Concussion Broken arm There was a fight Help! The husband refused to be privatized in favor of his mother, he has been registered in the apartment since birth. Hello! Neighbors invited me (as the owner of the apartment) to participate in an appraiser's inspection of the damage to their apartment, allegedly caused by me. I came with witnesses (mother, husband - living with me) to inspect the damage. Neighbors began to shout that they invited only me. As a result, the adult daughter of the owner began to push and fight with us, causing beatings.
She grabbed my mother's hair and began to choke. Protecting the mother, we all started to leave their apartment, pulling her away from the mother. The attacking neighbor stumbled, fell on the stairwell. My husband had the camera turned on to remove the damage. As a result, a fight scene was filmed on video.
After the police were called, statements were written from all sides and the fact of a fight was recorded. I had to go to court.med. expertise to remove beatings. After some time, the mother called an ambulance, because her head hurt and her blood pressure rose.
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So what to do if a neighbor threatens and insults, is it possible to resolve this issue, how to do it and where to turn? Important! If you yourself are examining your case related to the threats of a neighbor, then you should remember that:
- All threat-related cases are unique and individual.
- Understanding the basics of the law is useful, but does not guarantee the achievement of results.
- The possibility of a positive outcome depends on many factors.
To get the most detailed advice on your issue, you just need to follow any of the proposed options:
- Request a consultation using the form.
- Use the online chat in the lower right corner.
- Call:
Types of abuse of a minor
In the children's and teenage environment there are always personal grievances of minors. Often this is manifested in relation to physically or mentally weak children, enslaved in behavior, in a word - different from their peers.
Grievances can be presented:
personal animosity
It occurs among teenagers whose interests contradict each other. Hostility is usually expressed in verbal rudeness, indecent gestures, ridiculing the qualities of an opponent, etc.
National or religious motives
The humiliation of honor and dignity is accompanied by hostility to the traditions or religions of various confessions. Even if the child behaves appropriately, this may not stop the abusers in any way.
phone attacks
Name-calling, ridicule, rude remarks towards a minor through a landline or mobile phone.
Faced with the fact of insulting children, you should immediately take action against the offender. Moreover, it is much more effective to punish the guilty according to the law than to respond to him with rudeness for rudeness. From this point of view, parents should explain to the minor that he is under protection and must correctly assess the situation.
Neighbors yelling at night what to do
At any time of the day, only emergency rescue operations that are necessary to ensure the safety of citizens can be carried out. Naturally, the first thing to do in the described situation is to try to talk to noisy neighbors.
It is advisable to have such a conversation in the morning, when the perpetrators of your anxiety get enough sleep and calm down. You need to try to politely explain with a smile that you understand the situation perfectly, sometimes you yourself “walk”, but still ask them not to make noise at night.
Tell that you and your children have to get up early in the morning for work and school, so restful sleep is a vital necessity. You can clarify that your house has very poor sound insulation, perhaps the neighbors were not aware of this. What if a quiet, lonely woman lives above their heads?
How do they know that the noise generated is inconvenient for others? Often such a heart-to-heart talk helps, and the problem is removed easily and simply.
Beating the article and possible consequences
Beating refers to crimes against a person - his life and health. It is regulated by several articles of the criminal code:
Article 111 of the Criminal Code of the Russian Federation - serious harm to health;
Article 112 of the Criminal Code of the Russian Federation - harm to health of moderate severity;
Article 113 of the Criminal Code of the Russian Federation - serious and moderate harm to health in a state of passion;
Article 114 of the Criminal Code of the Russian Federation - serious and moderate harm to health caused at the time of detention of a person (exceeding measures), or as a result of exceeding the limits of self-defense;
Article 115 of the Criminal Code of the Russian Federation - minor harm to health;
Article 116 of the Criminal Code of the Russian Federation - beatings;
Article 117 of the Criminal Code of the Russian Federation - torture (systematic beatings);
Article 118 of the Criminal Code of the Russian Federation - serious harm to health through negligence;
Article 119 of the Criminal Code of the Russian Federation (serious harm or threat of liquidation).
Separately, beatings inflicted by a person subjected to administrative punishment can be singled out (Article 116.1 of the Criminal Code of the Russian Federation).
What will be the beating of a man? All articles provide for imprisonment. In article 115 of the Criminal Code of the Russian Federation (causing minor harm to health), it can be elected in the event of an act:
- From hooligan motives;
- Based on hostility (racial, ideological, political, etc.) or based on hatred and enmity towards a social group;
- With the use of weapons or objects used as such.
The verdict of the judge depends on the severity of the crime committed, on its features - by whom and to whom the beatings were inflicted, on the actions taken by the accused after the commission of the crime - surrender, sincere repentance, cooperation with the investigation, etc.
This can be a fine, correctional labor, arrest or imprisonment. Criminal liability for such crimes starts at the age of 15 (medium and severe harm to health).
Up to 15 years - the case is considered by the commission on juvenile affairs with a further warning, registration.
If a neighbor threatens
The situation becomes much more complicated if citizens are also threatened as a result of domestic conflicts. In this case, if the nature of the threat allows us to consider it real, it is necessary to urgently complain to the authorized bodies. Various norms of the Criminal Code of the Russian Federation make it possible to prosecute not only for the actual infliction of harm, but also for a real threat.
The order of possible actions might look like this:
- document threats by any available means or with the help of witnesses;
- if possible, ask eyewitnesses (for example, neighbors from the apartment below) to call law enforcement officers;
- take measures to eliminate the possible consequences until the reaction of the authorized bodies.
For each fact of the appeal, the police are obliged to conduct a check, and if a call was received about a threat during a domestic conflict, law enforcement officers are obliged to go to the address of the incident. In some cases, if the possibility of using physical force or other obviously illegal action is established, police officers have the right to enter the apartment to eliminate a potential crime.
After calling the police officers, the established facts of threats will be procedurally recorded and may serve as the basis for bringing to administrative or criminal liability. The most serious consequences will be the threat of murder, especially if it is accompanied by a display of weapons or other dangerous objects.
Think about how often we notice - "I was insulted, but I do not know what to do" or "My daughter constantly complains about threats from her ex-boyfriend." Do not presumptuously expect that the offender will voluntarily stop his illegal actions. As a rule, only the intervention of the competent authorities can resolve the situation and eliminate possible negative consequences.
Before complaining, seek the help of an attorney and determine the legal nature of the offender's actions. In most cases, it will be enough to go to court with a complaint or statement of claim. However, if a neighbor constantly threatens, and his words make it possible to establish a real danger to the health or life of citizens, only a timely application to the police will allow you to protect yourself.
In the event that a criminal or administrative case is initiated by the authorized bodies against a malicious violator, various measures of influence may be applied to him, from arrest for 15 days to a substantial fine or a suspended sentence.
Article author:
Petr Romanovsky, lawyer
In 2000 he graduated from the Faculty of Law of the Higher School of Economics. Has been working in the legal field for 16 years, specializing in resolving housing disputes, property transactions, family matters, inheritance, land disputes, criminal cases.
Responsibility for child abuse
Starting to consider the penalties for persons who have offended minors, we note that the law does not have a separate article for these cases. Offenses are classified under the general art. 5.61 of the Code of Administrative Offenses of the Russian Federation.
Administrative penalties:
Humiliation of honor and dignity without aggravating circumstances:
- Penalty for ordinary citizens - up to 3 thousand rubles;
- Officials (for example, a school teacher) - up to 30 thousand rubles;
- Legal entities - up to 100 thousand rubles.
The presence of aggravating circumstances, for example, a public slander or the placement of defamatory information in the media, is punishable by:
- Imposing a fine on citizens from 3 to 50 thousand rubles;
- Officials will have to pay from 30 to 50 thousand rubles;
- Gross attacks by organizations will cost them from 100 to 500 thousand rubles in fines.
Thus, it is perfectly clear that the offense of a minor is punishable by a fine. Judicial practice shows that the percentage of such cases in the total mass of proceedings is not very high. This is due to the fact that the courts are reluctant to consider claims under Art. 5.61 of the Code of Administrative Offenses of the Russian Federation.
Tip 1 What to do if the neighbors are noisy at night
Act in accordance with the law.
You should be aware that after 11 pm or earlier than 8 am it is forbidden to carry out any repairs or organize festivities.
So call the police officer on duty. Try to fix the call.
With repeated appeals to the duty unit or as a result of repeated drawing up of protocols, administrative responsibility may follow in relation to neighbors. If your neighbors prevent you from sleeping, try to find a common language with them, talk like a neighbor. No need to swear or, moreover, sort things out with the help of force.
In this case, you will be able to move from the category of the victim to the category of the offender. Be patient and calmly explain to the brawlers that you would like to spend the night in silence and have a good rest.
It is better to call the neighbors for a conversation not on the same day, at night, but the next morning, when they can adequately
How to punish neighbors for fighting and beatings
If you have his work phone, you can call and call him at home, or make an appointment for an open appointment. The district police officer must take action, for example, first, simply warn the neighbor, and in case of repeated insults from the neighbor's side, issue a fine. Unfortunately, it is not often possible to solve the problem of insult on your own - this is an inefficient method.
Financial punishment is more effective, but sometimes it is not a guarantee of stopping insults. Then there is only one way to achieve the restoration of a good name and the recovery of material damage - the court. How to resolve a conflict with neighbors through the court? If pre-trial measures did not lead to anything, you need to file a lawsuit against the neighbors.
The consideration of the case on the protection of honor and good name can be presented both in the framework of criminal and civil proceedings.
If, in addition to verbal threats, actions are used (for example, he hit you), then urgently go to the nearest emergency room and fix the beatings. Features of writing an application to the district police officer The application to the district police officer does not have a strict form, but when writing it, you must adhere to the general requirements for this document. Here it is written:
- position, surname and initials of the person to whom the application is sent;
- personal information (full name, address, contact phone number);
- main text (here you need to clearly and concisely state the essence of the problem, asking for appropriate action);
- a note is made about the application of evidence;
- dated, signed.
The application is drawn up in two copies, after acceptance at the police station, a corresponding mark is made on the second.
What to do
Each citizen may have a different attitude to threats, it depends on the environment and the reality of the threat itself. If the quarrel takes place in a raised tone, this is not yet a reason for contacting law enforcement agencies. It is a different matter if there was an intention to set fire to the car for improper parking in someone else's parking space or to deal with family members.
Threat implementation options may include the following:
- if they threaten the use of physical force or even execution, both in relation to the citizen himself and his family members;
- if a neighbor begins to threaten the destruction or damage to property;
- if there is an insult with threats of an indefinite nature.
The list of further actions depends on the degree of reality of the threat. Often the conflict can be smoothed out or resolved through mutual concessions or negotiations, then the neighbors can restore the normal nature of relations.
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However, if the threat is real, and the consequences of the illegal actions of neighbors are difficult to predict, it is better to turn to representatives of law enforcement agencies in a timely manner. In this case, a qualified lawyer will be able to provide invaluable assistance, who will analyze the situation and help you choose the most optimal course of action.
If a neighbor is simply insulting as a result of an argument, but does not express any intention to cause physical or property harm, behaviors may include the following:
- settlement of the dispute through negotiations, including with the invitation of intermediary friends or neighbors of adjacent apartments;
- seeking help from a law enforcement officer, since a visit by a district police officer is often enough to stop an illegal act;
- record cases of insults if these facts appear constantly.
If you are regularly insulted, these facts must be recorded on audio or video recordings. This will be evidence if the neighbors decide to file a collective application for a citizen with law enforcement agencies.
The most effective option would be a statement of claim to the court, by decision of which compensation for moral damage can be recovered in favor of citizens who are systematically insulted. Bringing to other types of liability for insult will be problematic, in this case only the help of a lawyer will help restore the right to a quiet life and respectful attitude.
Concept of insult
Insulting a minor is a humiliation of the honor and dignity of a child by offenders (adults or other children). Unlike the usual conversation in raised tones, insult implies the presence of an indecent form, a violation of etiquette and social norms. Often this form is expressed in the use of obscene language, from which, alas, no modern person is immune. Sometimes in attacks there is a comparison of a child with an animal or an object - which in itself is a violation of constitutional norms.
So, the features of insulting a minor are as follows:
- Use of abusive expressions;
- Suppression of the psychological state of the child;
- physical impact;
- The presence in the speech of direct or indirect threats;
- Other manifestations of rudeness.
Often you can find disputes about what can be considered an insult and what cannot be? The question is indeed quite ambiguous: on the one hand, the offender may show disagreement with the actions of his opponent, point out his mistakes, express his own opinion, albeit emotionally. On the other hand, even in the course of communication in raised tones, one cannot cross the line of personal hostility towards a person. Therefore, if swear words, incorrect comparisons, ridicule of the features of another person are used in the discussion, this can be qualified as an attack on honor and dignity.
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What to do if the neighbors are noisy at night
d.
Usually, these celebrations are accompanied by loud music, dances and drinking songs, which greatly interfere with the neighbors' sleep. Good people most often give advance warning of upcoming events or apologize the next day for a noisy celebration. More "criminal" option. Neighbors belong to the category of dysfunctional families: drinking, fighting, screaming and obscene swearing at night.
This case violates the rights of all other residents. If desired, it can be resolved by law.
The issue of noise at night is regulated by the relevant authorities and may vary from region to region.
What to do if the neighbors from above are constantly making noise - they stomp day and night, is it possible to call the police
According to paragraph 6 of this document, citizens must use their residential premises, taking into account the need to respect the rights and legitimate interests of other persons living in residential premises, as well as neighbors.
In addition, SanPiN 2.1.2.2645-10
imposes restrictions on the volume level in residential premises.
They set the following maximum levels of penetrating noise in apartments:
- 45 dBA from 23:00 to 07:00.
- 55 dBA from 07:00 to 23:00;
Failure to comply with these standards can be qualified under Art.
6.3 of the Code of Administrative Offenses, which establishes liability specifically for violations of the law in the field of compliance with sanitary and epidemiological standards and the well-being of the population, providing for a fine of 100 to 500 rubles as a punishment for citizens. Apart from
What to do if a neighbor threatens and insults
Option Four: Applying for help to the district police officer The next thing that can and should be done is to turn to the district police officer, who must find justice for such a neighbor. In this case, you will need to write a statement in which you describe in detail the situation, the actions of the problem neighbor, indicate that he reacts aggressively to all your requests to resolve the issue without the participation of law enforcement agencies, threatens you and insults you. A big plus would be the signature of at least one witness to such behavior.
In addition, you should ask the opinion of other residents of the entrance, perhaps the same neighbor threatens not only you, but in a state of intoxication offends everyone who falls into his field of vision. A collective complaint will have a completely different effect.
Important! The statement must be supported by evidence of how the aggressive neighbor behaves (debauchery, insults, threatens)
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