Silence Mode Saratov 2020

Responsibility for disturbing the peace of citizens

Our specialists have extensive experience in consumer protection issues, monitor all changes in the legislative framework in a timely manner and successfully apply them in practice.

Consider the previous and current legislative requirements in comparison: until January 2018, it was allowed to make noise on weekdays from 8 am to 1 pm, and then from 3 pm to 9 pm, from January 1 of the current year, the rules became tougher, and therefore it is allowed to make noise only from 9 morning to 19 pm; regarding holidays and weekends, noise was previously allowed from 10 am to 10 pm, in accordance with the latest changes, now it is strictly forbidden to make noise on such days throughout the day.

There is no law on silence in Tula) I somehow cleaned up during the day, turned on the music, it was 2 o’clock in the afternoon. A neighbor came, yelled. .And there is no law on silence in Tula and the region ((((

1. Actions that violate the peace and quiet of citizens from 21:00 to 9:00, including the use of sound-reproducing devices at high volume, with the exception of rescue, emergency recovery and other urgent work related to ensuring the personal and public safety of citizens, in the absence of signs administrative offense provided for by this Law, –

2. The use of sound-reproducing devices at high volume, including those installed on vehicles, balconies or window sills, which violates the peace and quiet of citizens, if these actions are not covered by the offense provided for in this article, -

The problem of loud neighbors is relevant for all regions of the Russian Federation. The parties to the conflict rarely manage to reach an agreement and resolve the situation peacefully. Knowledge of the law on silence allows a citizen to punish the violator to the fullest extent.

It is prohibited by law to carry out repairs at night.
An amendment made to the law in 2017 gives citizens the opportunity to make noise at night only on January 1.

Residents of megacities often face a problem when neighbors neglect generally accepted rules, disturbing them with noisy gatherings or repair work. In order to protect its citizens, Russian legislation adopted federal law # 52-F3. But each individual subject of the Russian Federation has its own regulatory document, which corresponds to the conditions of life in a particular region. So in the capital, the law on silence in Moscow has been in force since January 1, 2018.

Acts can be drawn up by police officers. The only thing is that they do not have equipment that fixes the noise level. Law enforcement officers draw up a protocol and hand it over to the inspector. He, in turn, conducts an explanatory conversation with violators. If it does not take action, it imposes a fine.

A kind of impetus for the creation of this draft law was the regular complaints of the owners and residents of apartment buildings. The main problem was the noise coming from the neighbors and not allowing a normal rest. It took a lot of time to consider each individual claim, as a result of which it was decided to limit the level of permissible noise by introducing an appropriate bill. According to it, the noise level can be as follows:

If your neighbors broke the law for the first time by playing music loudly late at night or making a grandiose scandal with shouting and fighting dishes, then it is likely that the problem can be resolved peacefully. To do this, you need to ask the violators to calm down and stop breaking the silence with their actions.

Silence Law in 2019

04/09/2018 Conflicts of neighbors in most cases arise due to the fact that someone exceeds the permissible noise level, and thus prevents other people from relaxing. The rules of conduct for residents of apartment buildings and the punishment for their violation are regulated by the law on silence in 2019. For the first time, State Duma deputies faced the need to adopt Federal Law 52 in 1999.

The new bill has determined the time when you can not make noise in the apartments.

The official text has been changed several times, establishing new periods of silence. Today, the law requires residents of apartment buildings to reduce the volume level in the premises to 30 dB between 21.00 and 8.00 on weekdays. Silence on weekends and holidays must be provided from 22.00 to 10.00.

It provides complete information in the latest version of the bill. The law clearly defines what kind of noise to classify as violations of the standards.

In fact, any loud noise that disturbs the neighbors can be a cause for complaint.

In 2019, you can be fined for the following actions:

exceeding the volume level of speech, screaming;
exceeding the volume of the TV or devices that reproduce audio sounds;
moving furniture;
the use of objects that make noise (this concept includes noisy household appliances, as well as explosives, such as firecrackers);
construction and finishing works;
barking or howling of domestic animals, in respect of which the owner does not take any action;
baby crying.
car alarm operation;

You don't have to worry about loud noises if your apartment is soundproofed. In this case, the neighbors are unlikely to hear what is happening in your home.

In other situations, the established rules must be observed. Moreover, they operate not only inside apartments, but also on the street. Although a certain time for silence has been established by law, these data have been changed in almost all subjects in order to adapt to local residents.

For example, in the capital it is forbidden to make loud noises between 23.00 and 07.00 on weekdays. In other regions, there is a ban on noisy activities from 22.00 to 8.00, etc. The law also provides for the so-called "quiet hour" - a period during the day when you cannot exceed the volume level. In most subjects it lasts from 13.00 to 15.00, in some - from 12.00 to 14.00.

"Quiet Hour" primarily protects the rights of parents, as it allows you to put the child to bed without fear that sleep will be interrupted

Filing a complaint and going to court

The time standards for repair work in high-rise buildings are regulated by regulation No. 23-ZSO. The same act states that in the case when a person is engaged in repairs at the wrong time, you can call a district police officer or a police squad.

Not every citizen is affected by the presence of representatives of law enforcement agencies. Even repeated calls to the police, drawing up protocols and explanatory conversations often have no effect. Then the citizen, whose rights are violated in the most flagrant way, has no other choice but to go to court. You need to have evidence with you - confirmation of your words that the neighbor is preventing you from relaxing peacefully. The following can be used as evidence:

Copies of protocols. This indicates that the police were called repeatedly and explanatory work was constantly carried out with the violator.
Copies of complaints and appeals to the HOA or the management company

It is important to show the judge that work in the direction of subduing the violator was carried out for a long time and thoroughly, all methods were tried and did not bring results.
Testimony of neighbors who are also dissatisfied with the current state of affairs. The testimony of neighbors is a very important point, you need to enlist the support of residents from below and above, as well as those who live on the same landing

It is important for the court to make it clear that the violations are systematic and this hinders many people.Collective complaints tend to get more attention.
Noise measurement act, which was made by an independent expert (usually employees of the SES or Rospotrebnadzor do not come when complaining about neighbors).
It would be useful to provide audio or video evidence that you tried to negotiate peace with the violator, moreover, more than once. An attempt to resolve the conflict peacefully must be recorded, this is a very important point. Often it is at this stage that violations stop, the neighbor simply gets into position and stops making noise.

The result of the trial, most likely, will be the award of the violator of the obligation to pay a fine in the prescribed amount. Eviction is very rarely discussed, when there are many other violations along with the violation of the law on silence. For example, debauchery, drinking alcoholic beverages, damage to property and other offenses.

Things are not easy with cafes and shops located nearby. These establishments create a very loud noise. In this case, you need to fight only collectively. In order to prevent the opening of such an institution in your home, you need to collect 2/3 of the signatures of all citizens living in it.

In fact, there are occasional difficulties in enforcing the law of silence. This is due to the fact that there is simply no one to fulfill the law. Local authorities must conclude an agreement with the Ministry of Internal Affairs and only then will police officers be able to draw up reports on troublemakers at the set hours. If there is no such agreement, this means that in fact the police have no right to do this.

The prosecutor's office of the Saratov region insists on the introduction of additional hours of silence, which should fall on time periods:

from 13:00 to 15:00 (this time falls on a quiet hour, as in federal law);
from 19:00 to 21:00.

Thus, it is understood that a citizen, coming home from work, will immediately be in the long-awaited peace and quiet. But so far no such amendments have been made to the law.

Where to go if neighbors make noise in residential buildings after 2300

If neighbors are noisy after 11 pm, a citizen can use one of the following methods to solve the problem:

negotiate peacefully with neighbors;
hold neighbors accountable under the law of the Russian Federation (under article No. 52 “On the sanitary and epidemiological welfare of the population”).

In the event that residents make noise after eleven o'clock in the evening, a citizen has the right to contact law enforcement agencies or a district police officer. The police tend to be particularly responsive to calls made at night, when the rights of law-abiding citizens are often violated.

In addition, a citizen has the right to apply to the prosecutor's office. This should be called only in case of inaction of law enforcement agencies.

If neither the police nor the prosecutor's office helped to solve the problem, the tenant can apply to a higher authority - the court. For this you need:

write a lawsuit with the court;
state in detail the essence of the problem, as well as indicate attempts to contact the police and the prosecutor's office;
name the requirements (in this situation: the establishment of public order and the imposition of penalties for violators of silence, and so on).

Note! In some cases, legal advice may be required. So, if small children become the source of noise, solving the problem is sometimes not as easy as it seems.

To bring the matter to an end, an act on exceeding the permissible noise level will be required. The preparation of this document is carried out by Rospotrebnadzor or the district police officer. If a citizen has suffered moral or material damage, it is necessary for the court to provide these facts in writing.

For example, a citizen can go to a doctor and get an opinion on how much his health has deteriorated as a result of the negative impact of noise.It is worth noting that witnesses will be required, which may be other affected neighbors.

fines

As well as throughout Russia, if the law on silence is not observed, the legislation of the Saratov region provides for punishment. In the event of administrative liability, a fine is imposed on the culprit. Moreover, such administrative responsibility occurs both in the commission of illegal actions and in case of inaction. For example, if the owner does not take action on a barking dog for a long time. A small child also cannot cry for days and nights on end, parents are obliged to take action. In case of violation, a citizen is obliged to pay a fine of 1,000-2,000 rubles, an entrepreneur - 15,000-30,000 rubles, and an official - 2,000-4,000 rubles.

There is another category of fines, it is applied when there was a violation in terms of the use of specifically sound-reproducing equipment. That is, if you install an amplifier on a balcony, window sill or in a car, you can expect a fine of 500-1000 rubles for ordinary citizens, 1000-2000 for officials and 10000-200000 rubles for entrepreneurs.

Who controls the law on ensuring the peace and quiet of citizens in the Russian Federation

To protect your rights, there is no need to look for a professional lawyer to use his services. To do this, it is enough to find out the details of the law “On Silence”. It should be noted that law enforcement officers are the ones who contribute to the enforcement of this law. In addition to the police, such authorities control silence in residential buildings, such as:

managing organization (responsible for the quality of living of residents in the premises);
Rospotrebnadzor (responsible for compliance with the state law “On Silence”);
court (guarantees one hundred percent enforcement of the law).

Note! Before calling the police, you should make sure that the noise really disturbs you and the neighbors.

What is considered noise

Noise is a global problem for any citizen. The fact is that a person is almost constantly in the noise zone: in the store, on the street. However, everyone wants to relax after a hard day at work or school.

Thus, noise is a violation of silence, the sources of which can be the following factors:

repairs at the neighbors;
loudly turned on music;
crying of children (in particular infants);
dog's bark;
loud operation of household appliances (for example, a washing machine);
conversations in high tones or scandals between the tenants of the apartment;
noise resulting from the movement of vehicles;
unloading and loading works.

In order to comply with the law of silence in a residential building, residents must comply with the rules of residence, as well as know and live on the basis of the law “On silence”. For example, there are varieties of noise that ordinary citizens are not able to influence. These are emergency works, investigative actions and the like.

What not to do at night

Violation of the peace and quiet of citizens are any actions accompanied by noise exceeding sanitary standards. There is no exact definition of noise in the regional law. Therefore, theoretically, this can be called any action that another citizen perceives as disturbing peace. This is loud listening to music, and repair work, and just a loud scream.

Noises produced by:

operational-search activity;
carrying out rescue and other emergency operations;
works that ensure the safety of citizens, maintain the operability of life support facilities.

Note! Part 2 of article 1.1. prohibits the operation of sound-reproducing devices at high volume in Saratov

Nothing is said about the time: the ban is round the clock. It is stipulated that such devices include devices mounted on vehicles, balconies and window sills.The exceptions are the same, but a noise permit has been added during social, cultural, religious, sporting events.

In addition to Article 1.1., Article 1.5 is aimed at combating noise in Saratov. "Household debauchery". The brawl may be accompanied by noise and foul language. It implies actions that disturb the peace of the family, persons living together (for example, neighbors in a communal apartment).

The law on silence in the Saratov region how much noise you can make

In the Saratov region, as in most regions of the Russian Federation, the so-called “silence law” operates, which protects the peace of citizens at night.

Local self-government bodies of the regions in the year determined the hours of silence, based on reasonable norms, as well as public opinion polls and frequent complaints from citizens. Almost everywhere they start from the clock and end in the morning on weekdays. On weekends, the rest time increases until the morning hours.

The relevant norms are enshrined in the law "On Administrative Offenses in the Territory of the Saratov Region", which was adopted by the regional Duma on July 22, 2009. The last changes were made on 03/27/2018. The law on silence in the Saratov region of 2019 is designed to comply with the interests of different categories of citizens: young children, pensioners, new settlers who need to make repairs; young people who like to listen to music at home or on the street.

Let's figure out what rules are established by the law on noise in Saratov and the region, how long you can listen to music, make noise and make repairs in an apartment building in the region, which threatens violators. The issue of protecting the rights of citizens to peace and quiet at the federal level is resolved by the following regulatory legal acts:

SanPiN 2.1.2.2645-10 (Appendix No. 3 to the Decree of the Chief Physician of the Russian Federation No. 64 of 06/10/2010).
Federal Law 52-FZ "On the sanitary and epidemiological welfare of the population" dated March 30, 1999. In particular, part 1 of Art. 23 establishes a general requirement for the maintenance of residential premises. People are guaranteed safe and harmless living conditions, including the level of noise and vibration. 52-FZ does not indicate the time of the ban on noise, but part 3 of Art. 23 refers to the current sanitary regulations.

According to the requirements for noise and vibration levels in apartment buildings:

federal night time is the period from 11 p.m. to 7 a.m. (regions have the right to extend the noise-protected period of night time, as, for example, is done in the law on silence of the Saratov region - edition of 2019);
Noise limits have been set for indoors and outdoors.

The maximum permitted sound volume in the house during the day is 55 dBa, at night - 45 dBa. The maximum permitted sound volume near a residential building during the day is 70 dBa, at night - 60 dBa.

The day period is the period from 9.00 am to 21.00 pm. Night period - from 21.00 pm to 9.00 am (Article 1.1.

Law). Until 2013, the editorial office was in force, prohibiting noise from 23.00 to 7.00, i.

e. Federal night time. During the daytime (from 9:00 am to 9:00 pm), residents of Saratov have no restrictions on repairs or loud music listening, apart from the ban on the use of sound-amplifying equipment on balconies, window sills and cars. Unlike a number of Russian regions, which provided for the so-called “quiet hours” (protected periods during the day when you can’t make noise) in their “anti-noise” laws, there is no such norm in the Saratov region, although in 2019 legislators tried to make appropriate amendments to the document, about which will be said below.

However, this does not mean that citizens are completely defenseless against noise. If, for example, a supermarket located on the ground floor of an apartment building has installed a huge air conditioner under the windows of residents, which operates in violation of the permissible noise level during the day, residents have the right to write a complaint to Rospotrebnadzor and the prosecutor's office.

Quiet time during repairs

Based on Russian legislation, citizens are administratively liable for noisy uncoordinated repair work during the daytime from 8:00 to 22:00.

Individuals, officials, as well as legal entities are liable before the law in the event that repair work that prevents citizens from resting continues for more than an hour. And the schedule for their implementation is not agreed with the authorized persons or somehow violated otherwise.

Thus, citizens who violate the law on silence due to high-profile repair work are punished with a fine:

citizens - from 1 thousand to 3 thousand rubles;
officials - from 5 thousand to 10 thousand rubles;
institutions - from 10 thousand to 30 thousand rubles.

Noise standards at the construction site

Most of a typical Russian city is filled with a lot of noise.

The main sources of acoustic disturbance are cars, enterprises and factories, as well as construction works, which cause great discomfort to residents.

In other words, during their conduct, citizens are under the constant influence of noise.

The high level of noise emanating from construction sites has a detrimental effect on the human body. So, under its influence, the heartbeat quickens, the pace of energy expenditure accelerates. Moreover, a person who is constantly exposed to noise often acquires diseases of the nervous system and mental defects.

Ultimately, a person overworks: attention is reduced to zero, nervous excitability increases, performance is minimized, intellectual processes are inhibited. In this regard, a bill was issued, according to which the permissible noise level during construction work should not exceed 70-100 dB during the daytime.

In this regard, a draft law was issued, according to which the permissible noise level during construction work should not exceed 70-100 dB during the daytime.

Chapter IV. Administrative offenses in transport

Article 4.1.

The admission of children (persons under the age of 18) at the facilities (on the territories, in the premises) of legal entities or citizens engaged in entrepreneurial activities without forming a legal entity, which are intended for the sale of goods of a sexual nature only, in beer restaurants, wine bars, beer bars, wine bars, and other places that are intended for the sale of only alcoholic products and (or) tobacco products, electronic nicotine delivery systems, hookahs, as well as for the provision of services using electronic nicotine delivery systems, hookahs (paragraph as amended by the Law Saratov region dated 02.03.2017 N 11-ZSO, see.

The requirement by the persons specified in part 2 of this article, for the provision of municipal services, of documents and (or) fees that are not provided for by the regulatory legal acts of the region and (or) municipal regulatory legal acts, if these actions do not contain signs of a criminally punishable act, - entails the imposition of an administrative a fine on officials of local self-government bodies in the amount of five thousand to ten thousand rubles; for employees of multifunctional centers, employees of municipal institutions engaged in the provision of municipal services - from one thousand five hundred to three thousand rubles.

Article 7.5.

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Deputy Chief of Staff

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Subsection 2.

Russian Federation - entails a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles; on officials - a warning or the imposition of an administrative fine in the amount of one thousand to two thousand rubles; on legal entities - a warning or the imposition of an administrative fine in the amount of two thousand to five thousand rubles. (part 17 is additionally included by the Law of the Saratov region of 05/22/2019 N 38-ZSO)

Article 8.1. Failure to comply with the requirements for informing the population about the construction, reconstruction, overhaul of a capital construction facility (the article was declared invalid by the Law of the Saratov region of August 21, 2013 N 141-ZSO, see the previous edition).

Failure to comply with the requirements for informing the population about the construction, reconstruction, overhaul of a capital construction object - shall entail the imposition of an administrative fine on citizens in the amount of two thousand rubles; for officials - three thousand rubles; for legal entities - ten thousand rubles.

Article 1.9. Allowing dogs to be in public places without a leash or a muzzle

Article 1.9. Allowing dogs to be in public places without a leash or a muzzle (the article is additionally included by the Law of the Saratov region of December 24, 2015 N 179-ZSO)

Violation of public order, expressed in the admission by the owner (owner) of dogs in public places, with the exception of puppies under the age of two months and decorative dogs up to 20 centimeters tall at the withers, without a leash or a muzzle outside the places specially designated for dog walking - warning or imposition of an administrative fine on citizens in the amount of one thousand five hundred roubles.

In accordance with part 6 of article 28.3 of the Code of Administrative Offenses of the Russian Federation, protocols on administrative offenses provided for by parts 3 and 4 of article 14.1 and parts 2 and 3 of article 19.20 of the Code of Administrative Offenses of the Russian Federation in relation to types of activities licensed by the executive authorities of the region , are compiled by officials of the indicated executive authorities of the region, carrying out licensing, included in the list in accordance with Appendix 3 to this Law.

3. (the part is recognized as invalid by the Law of the Saratov region of September 27, 2011 N 131-ZSO, see the previous edition).

Law on silence in the Saratov region 2019 on weekends

This diagram contains all the relevant data on the regions of our state (starting from the Republic of Adygea and ending with Moscow and St. Petersburg - a total of 20 positions). The capital's deputies adopted their own bill, which established the time of silence.

It is forbidden to exceed the permissible volume level in the period from 23:00 to 7:00. In the near future, they are also going to limit the carrying out of repair work from 19:00 to 9:00 and from 13:00 to 15:00. According to the current amendments, the law on silence in the Nizhny Novgorod region establishes night time from 22:00 to 7:00 on weekdays and from 23:00 to 10:00 on weekends and holidays.

There is a concept of "quiet time" in the region (break for daytime sleep for children and the elderly) - from 12.30 to 15:00. Motorists who did not turn off the alarm that worked in time are also subject to this law.

Noise at the specified time is allowed only for persons who eliminate accidents and emergencies, or prevent any offense.

That is, if the alarm that breaks the silence works on a car that is being pulled away by a tow truck, the driver of the tow truck is not responsible. Those who hold cultural events, as well as church leaders, can also make noise - no one will stop them from ringing the bells.

During this time period, it will not be possible to turn on the TV, radio, tape recorder or other sound device loudly. The ban applies, among other things, to shops and trade stalls that use sound advertising.

Also, citizens are prohibited from playing musical instruments, whistling, shouting, singing from 13 to 15 hours. Also prohibited

. The amount of fines for violators of the new law retains the former - from 500 to a thousand rubles for citizens, from a thousand to 2 thousand for officials and from 10 to 20 thousand rubles for legal entities.

The other part of the draft law is related to the proposal made at the public council at the prosecutor's office by Tatyana Zhuryk, Commissioner for Human Rights in the region. She receives many complaints about noise in broad daylight.

Therefore, the idea was put forward to introduce periods during daylight hours when noise would also be prohibited. The bill proposes the following periods: 13-15 hours. and 19-21 hours. As Ivan Gusev, senior assistant to the regional prosecutor for interaction with representative (legislative) and executive bodies of the region, local self-government bodies, explained to IA SarBC, one of the goals of the bill is to eliminate legal conflicts.

Latest news in the quiet legislation of the Russian Federation and Saratov in 2017-2018

Noise-related bills, amendments to federal and local laws, are proposed regularly. This is due to the lack of uniformity of concepts: some regions mean whistling, knocking, speech, swearing, car alarms, barking dogs, singing, sound from repair work, dancing, children's crying, etc., while other regions have noise sources not specified.

In addition, a paradoxical situation has developed: there are laws in the regions, but there is no one to enforce them. Since the Code of Administrative Offenses provides that the local authorities must conclude a separate agreement with the Ministry of Internal Affairs. But this has not yet happened in any subject.

In March, a draft law designed to solve the problem was submitted to the State Duma for consideration. The deputies proposed to transfer control over the implementation of the law to the police. Legislators also want to introduce a special rule into Article 17 of the LC RF, which would establish silence throughout the country from 23.00 to 07.00.

At the end of January, the prosecutor's office of the Saratov region prepared a draft that could introduce a “quiet hour” during the day. Residents of MKD and private houses were offered:

additionally not to make noise during breaks from 13.00 to 15.00 and from 19.00 to 21.00;
do not carry out excavation, construction, repair work, do not play or listen to music, do not shout or whistle, do not blow up pyrotechnics, follow the alarm.

The amount of fines was planned for individuals - up to 2,000 rubles, for organizations - up to 20,000 rubles. The project has not yet been accepted.