Silence Law Violation
Noisy neighbors become a real disaster for the whole entrance. Residents can repeatedly call the police, then the protocol is transferred to the district police officer, who must work with troublemakers. After that, the neighbor must be summoned to the district administrative commission.
Then the case is not sent anywhere and just stops. This is due to the fact that the police are prohibited from disclosing the personal data of the offender, therefore, he cannot be fined. Thus, it turns out that the suffered neighbors lose the only existing legal opportunity to call the noisy neighbor to account. Often this provokes conflicts and even fights among neighbors, especially since the disturber of the peace of the whole entrance can be very aggressive.
A problem for residents of apartment buildings is beer bars, restaurants and cafes located on the ground floors or even just nearby. For the city and its central regions, this problem is relevant. Such establishments are open almost all night. Feasts sometimes continue until the morning. All this is accompanied by loud music, laughter, screams, noise and even the use of pyrotechnics.
It is hard for local residents on Friday and Saturday. The police are called regularly, but they do not always arrive at addresses that have long been familiar or arrive when everything is long over. Group complaints of tenants cannot reason with the owners of establishments.
Everything is explained quite simply: the police do not have the necessary powers to write reports on violations of the requirements of the law on silence. In order for them to be able to do this, a special agreement must be drawn up between the Ministry of Internal Affairs and the governor of the region. But so far no such document has been signed. It turns out that the law already exists, but it is not possible to execute it.
Therefore, most often, police officers, leaving the place, simply draw up a report on the incident in writing. It is clear that no fine will be issued on the basis of the report, this only requires a protocol. In this state of affairs, the preparation of the protocol should be entrusted to local officials after they listen to the explanations of the violators. This can be done in two ways:
- the violator himself will appear in the administration;
- it is required to go directly to the place - to the apartment of the troublemaker.
Here lies another problem: during working hours, hardly anyone can be found in the apartment, and no one is going to work in the evening. As a result, the term for bringing to administrative responsibility expires, and the violator does not receive punishment.
Even if a fine is issued without observing all these formalities, it can be easily canceled by any prosecutor in a matter of minutes. The troublemaker, convinced of his own impunity, continues to live for his own pleasure.
The problem here is all in the same funding. The Interior Ministry believes that detailed police action should be funded from the region's budget. Local authorities also note the absence of the necessary settlement of the issue at the federal level.
But a start has already been made, gradually people will begin to get used to the fact that they can be punished for breaking the silence. Perhaps this will somehow reduce the noise they create.
What breaks the silence
Actions that violate the peace and quiet of citizens include:
1) the use of sound-reproducing devices and sound amplification devices, including those installed on vehicles, at (in) objects of trade, public catering, leisure organizations, resulting in a violation of the peace and quiet of citizens;
2) shouting, whistling, singing, playing musical instruments and other loud sounds (actions) that violated the peace and quiet of citizens;
3) the use of pyrotechnics, which caused a violation of the peace and quiet of citizens;
4) repeated (three or more times) failure to take measures to turn off the sound signals of the car (vehicle) security alarm that has triggered, resulting in a violation of the peace and quiet of citizens;
5) carrying out reorganization, redevelopment, repair work in the residential premises of the house (apartment building) or repair work in non-residential premises, resulting in a violation of the peace and quiet of citizens;
6) excavation, repair, construction, loading and unloading and other types of work using mechanical means and technical devices, resulting in a violation of the peace and quiet of citizens.
The provisions of the law do not apply to:
1) actions of citizens, officials and legal entities aimed at preventing offenses, preventing and eliminating the consequences of accidents, natural disasters, other emergencies, performing urgent work related to ensuring the personal and public safety of citizens or the functioning of life support facilities for the population;
2) holding official sports, cultural and other mass public events organized and held in accordance with the procedure established by the state authorities of the Altai Territory and local governments, including in accordance with the Federal Law of June 19, 2004 N 54-FZ "On meetings , rallies, demonstrations, marches and picketing”;
3) holding services, other religious rites and ceremonies in accordance with the Federal Law of September 26, 1997 N 125-FZ "On Freedom of Conscience and Religious Associations";
4) celebration of the New Year from 22:00 on December 31 to 06:00 on January 1;
5) use, in accordance with the procedure provided for by law, devices for giving special sound signals installed on vehicles;
6) actions (inaction) of legal entities, persons engaged in entrepreneurial activities without forming a legal entity, officials and citizens, for the commission of which administrative liability is established by the legislation of the Russian Federation on administrative offenses.
Source Altai Truth
Where can I file a complaint
Citizens need to understand that the police are not the only place to go to complain about noisy neighbors. It is recommended to apply for the protection of your rights to the HOA or the management company, the prosecutor's office, Rospotrebnadzor or to the court. A collective complaint in this case is more effective, it is convincing when considered, because the accusations are based on the testimony of several citizens at once.
In the complaint, it is required to indicate what appeals have already been, what was the reaction and answers. The fact that citizens have been fighting the troublemaker for a long time should also have its effect and force the authorized bodies to take the necessary measures.
What will change
For a wider distribution of the law, the developers proposed to get away from the term "adjacent territory" and specific distances from objects where violation of the peace and quiet of citizens is not allowed. Replaced with "common area". Also, among the places where the violation of the peace and quiet of citizens is not allowed, parking lots of vehicles were included.
In addition, the change in the term “territories of horticultural, horticultural and dacha non-profit associations of citizens” is due to changes in the Federal Law “On horticultural, horticultural and dacha non-profit associations of citizens”, which come into force on January 1, 2019.
It is assumed that changes to the silence law may come into force even before the New Year holidays.
