Law When will the law on silence be revised
Vyacheslav Vladimirovich Kosmachev
Deputy Chairman of the Legislative Assembly of the Penza Region
Katya | 07.12.2017 23:42
Why is our city not reconsidering the law on silence, namely the regulation on repair work? After all, there is no such thing in any city that you can do repairs from 6:00 to 22:00. Don't babies need to sleep? And people come from work at night! At least do it from 9:00 to 19:00!
Answer: Hello. In accordance with Part 4 of Article 17 of the Housing Code of the Russian Federation, the use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in this residential premises, neighbors, fire safety requirements, sanitary and hygienic, environmental and other requirements of the legislation, as well as in accordance with the rules for the use of residential premises approved by the federal executive body authorized by the Government of the Russian Federation.
According to Part 4 of Article 30 of the Housing Code of the Russian Federation, the owner of a dwelling is obliged to maintain it in good condition, preventing mismanagement of it, to observe the rights and legitimate interests of citizens, the rules for using residential premises.
In accordance with paragraph 6 of the Rules for the use of residential premises, approved by Decree of the Government of the Russian Federation of January 21, 2006 No. 25, the use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in residential premises.
These norms indicate that the use of residential premises carried out by a citizen should not violate the rights and legitimate interests of other citizens.
Article 6.4. The Code of Administrative Offenses of the Russian Federation establishes administrative liability for violation of the requirements of Article 23 of the Federal Law No. 52-FZ of March 30, 1999 "On the sanitary and epidemiological welfare of the population", SanPiN 2.1.2.2645-10 "Sanitary and epidemiological requirements for living conditions in residential buildings and premises” and SanPiN 2.2.4/2.1.8.562-96 “Noise at workplaces, in the premises of residential and public buildings and in residential areas”.
For violation of the requirements for noise levels, federal state sanitary and epidemiological supervision is carried out by the territorial bodies of Rospotrebnadzor.
Article 9.1. Law of the Penza Region No. 1506-ZPO dated April 2, 2008 "Code of the Penza Region on Administrative Offenses" establishes administrative responsibility for disturbing the peace and quiet of citizens, including during repair work, from 22:00 to 06:00 the next day (on Friday and Saturday - from 23:00 to 06:00 the next day). The authority to draw up protocols is vested in officials of local self-government bodies, provided for by the list determined by the regulatory legal act of the local administration.
Thus, the current legislation provides for measures of administrative influence on persons who violate the rights and legitimate interests of other citizens.
The current version of the Code of Administrative Offenses of the Penza Region strikes a reasonable balance between the right of citizens to a good rest at night and the ability to perform any activities accompanied by increased noise during the daytime and weekends.
Along with this, we inform you that in most constituent entities of the Russian Federation there are rules on the prohibition of disturbing the peace and quiet of citizens, including during repair work, similar to the rules of the Code of Administrative Offenses of the Penza Region.
