On administrative offenses on the territory of the Sverdlovsk region with changes as of July 19, 2019
(Official Internet portal of legal information http://www.pravo.gov.ru, February 12, 2015); (Official Internet portal of legal information http://www.pravo.gov.ru, 11.03.2015); (Regional newspaper, N 66, 04/15/2015); (Regional newspaper, N 93, 05/29/2015); (Regional newspaper, N 112, 06/27/2015); (Regional newspaper, N 189, 10/14/2015); (Regional newspaper, N 202, 10/31/2015) (entered into force on January 1, 2019); (Regional newspaper, N 26, 02/13/2016); (Regional newspaper, N 53, 03/29/2016); (Regional newspaper, N 75, 04/28/2016); (Regional newspaper, N 135, 07/27/2016); (Regional newspaper, N 239, 12/22/2016); (Regional newspaper, N 32, 21.02.2018); (Regional newspaper, N 133, 07/25/2018); (Regional newspaper, N 180, 09/28/2018); (Regional newspaper, N 180, 09/28/2018); (Regional newspaper, N 209, 11/08/2018); (Regional newspaper, N 111, 06/28/2019); (Regional newspaper, N 128, 07/21/2019); (Regional newspaper, N 128, 07/21/2019).
Violations
The sources of noise in the apartment are very different, not only neighbors can cause inconvenience in this regard. Consider the most common types of violations of the law on silence.
Construction
In any city, construction is almost certainly going on almost everywhere; in some courtyards, new houses are being built in the immediate vicinity of existing ones. But this does not mean that work at a construction site should be carried out without interruption during the day, at night, on weekends and holidays. All noisy work at the construction site should only be done during the day. When construction disturbs at night, residents of neighboring houses have every right to complain to the city department - to the department of environmental management or to the building supervision service.
Transport
This is something from which the inhabitants of megacities suffer greatly. This is just the moment with which nothing can be done. It is impossible, for example, to prohibit the takeoff and landing of aircraft at the airport. Another thing is that all airports must have soundproof screens.
The same applies to the subway, highways, railways. If their path passes near residential buildings, then noise reduction systems should be equipped. All this should be installed at the construction stage. If this was not initially foreseen, then nothing can be done later.
Shops, cafes, bars
If such organizations are located on the first floor of a residential building, then there will be no silence for sure. The store at least closes in the evening, and for bars and cafes, this is the hottest time. It also includes weekends and holidays, that is, all those periods when peace and quiet are prescribed.
Such establishments violate all existing sanitary standards. This issue should also be addressed at the construction stage. That is, when an entrepreneur transfers an apartment to a non-residential fund, he is obliged to collect signatures of the residents of the house, indicating their consent. If he manages to collect 2/3 positive votes from all residents, then he has every right to equip a cafe, bar or shop.
Of course, an entrepreneur must have a reorganization and redevelopment project approved by the relevant authorities. If any of these conditions has been violated, tenants have the right to file complaints with the prosecutor's office or the housing inspectorate.
Catering establishments
Even if a quiet family or even a children's cafe is equipped on the ground floor of the house, it will still not be possible to avoid noise. Refrigeration equipment, ventilation systems, music and the process of cooking itself are strong sources of noise. Residents have the right to fight such a violation.
The first option is to contact Rospotrebnadzor. This organization has all the necessary resources to take noise measurements and determine whether there has been a violation. If nothing came of this appeal, then there is another option - inviting independent experts to determine and measure the noise level. Specialists go to the place at the appointed time with all the necessary equipment and, based on the results of measurements, draw up an act. This document will be needed later in court, the tenants of the house will go there to defend their rights.
The law on silence in the Tyumen region since January
People complained about the rumble of repairs and loud music.The deputies decided that it was easier to establish certain noise standards than to try to sort out each specific conflict.
Therefore, they developed a law on silence. The official text regulates the permissible sound volume level:
- the level of 30 decibels is set at night.
- during the day, 40 decibels is considered normal;
It is allowed to exceed the indicator by 15 units, but only during the day.
For example: 40 dB is the volume of speech, the cry is fixed at a level of 80 to 90 dB. Noise can be produced by street vehicles, electrical appliances (washing machine or refrigerator), neighbors (this includes screaming and listening to music or watching TV). The list includes sounds made by pets, a rumble when repairing or rearranging furniture.
Noisy holidays: what to do to the people of Tyumen if the neighbors celebrate all night and do not let you sleep
You can also be punished for breaking the silence in the daytime from 13:00 to 15:00. This time, according to the law, is reserved for the daytime rest of children. It should be understood that you should not immediately run to the police when the neighbors turned on loud music.
You can try to negotiate first.
We must understand that people will celebrate, listen to music and make noise.
If you hear any suspicious sounds, you should report to the police. Law enforcement officers cannot fail to respond to the call,” said Svetlana Novik, head of the press service of the Ministry of Internal Affairs for the Tyumen Region.
Silence law from January 1, 2019
In order to protect its citizens, Russian legislation adopted federal law No. 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.
- 1 The essence of the current law2 How to deal with noisy neighbors3 Silence in the capital The essence of the current law The current federal law No. norms.
Silence Law: Loud Discussion
But the largest number of complaints from the residents of the region is against various entertainment and catering establishments located in residential buildings or nearby. Yes, the regional code has established administrative responsibility for non-compliance with the peace and quiet of citizens for several years now.
But in practice, it turns out that some measures do not work at all, some do not give the desired effect. Analyzing the appeals received and Article 1.1 of the code itself, which lists the composition of actions that fall under administrative responsibility and penalties, I drew attention to the miserliness of the prescribed punishment
Law on silence tyumen region 2019
2.
The law on silence in Nizhny Novgorod covers not only apartment buildings, but also other objects of the city:
- courtyards of residential buildings;
- dachas;
- garden plots.
- areas near social facilities;
- social infrastructure institutions: educational, cultural, healthcare, etc.;
Even having arrived at the dacha, one must remember the basic rules of silence so as not to disturb the peace of the neighbors, and with it the law on silence in Nizhny Novgorod.
How is noise measured? The maximum permissible noise level in apartment buildings is set by GOST 12.1.003-2014.
Silence Law in Tyumen 2019
Legal Restrictions The Law on Silence in Tyumen and the Region, in accordance with the main federal law on silence, includes a list of actions that are considered unacceptable at a specific time.
The list of actions that are limited by law include:
any noisy activities in apartment buildings, on weekdays, from ten in the evening until eight in the morning;
it is forbidden to perform any noisy activities during daytime sleep, for which a time period of two hours is set at the legislative level, starting from one in the afternoon until three in the afternoon;
noisy activities during weekends and holidays are prohibited after 11 pm and up to 12 pm inclusive;
A responsibility
If a citizen, official or legal entity does not comply with the law on silence, then administrative responsibility arises. It entails trial and imposition of a fine. The law is tough on violators who make noise at night. At the same time, ordinary citizens pay a fine of 500-2000 rubles, officials - 1000-5000 rubles, and legal entities - 3000-7000 rubles.
It is important to understand that not only neighbors can disturb the peace of citizens, but also legal entities in the form of cafes, bars, shops located on the first floors of residential buildings. This is even worse as their noise tends to be constant.
At the same time, all citizens have rights, both those who want to relax in peace, and those who need to make repairs. If a major repair is planned in the apartment using power tools, you need to take care of the following measures:
- Discuss with the team the exact time of work, adjust the schedule in such a way that the hours during which it is impossible to work are not affected.
- For work, use only the power tool that generates noise up to 55 dB.
- Inform neighbors that repairs will be carried out in the apartment at such and such hours. Moreover, it is desirable to obtain written consent from the neighbors. Sometimes it is not superfluous to warn the management company.
- Try to have the work completed in less than 3 months.
Complaints about neighbors
Most often, the silence and peace in the entrance are violated not by cafes, and not by shops, but by neighbors. Loud music, constant repairs, screams, swearing coming from behind the wall - all this is contrary to the law on silence and makes the apartments unsuitable for relaxing in their free time.
In order to change the state of things, you need to start acting. It is best to file complaints systematically, without missing any opportunity, because you can never know exactly what exactly will affect troublemakers.
Negotiation
Sometimes everything ends already at this stage. People simply get into a position and stop their noisy activities or choose a more suitable time for it. Sometimes it is simply difficult to determine that the sounds of music are heard so strongly in the neighbor's apartment that it disturbs the neighbors. Therefore, this stage should never be skipped. It is all the more illogical to address further without talking and without warning the neighbors of your dissatisfaction.
It may be necessary more than once to draw the attention of neighbors to a violation
Police
Calling a district police officer or police squad is able to reason with many noisy neighbors. At the time of departure, a protocol is drawn up, the offense is recorded
With each protocol drawn up, the chance to bring the neighbor to justice increases. It is important here that the case does not stop at explanatory work. If it becomes clear that there is no sense in this, you need to move on
Rospotrebnadzor
This is an organization where every citizen can apply in cases where there is a violation of sanitary and epidemiological well-being. The complaint must contain claims, it will also not be superfluous to refer to the current legislation.
In this organization, there are many opportunities to defend their rights, at least an audit on this fact will have to be carried out. Sometimes experts go out to measure the background noise. These data are recorded in a special act. Such a document will be useful when applying to the court. But it happens that Rospotrebnadzor also conducts a formal check and simply unsubscribes from a citizen.
Appeal to the court
People come here when there is no way out, but such an opportunity is given once.
You should not even think that you can come up with an unfounded accusation. It is important to prepare well here so that the process does not turn out to be a waste of time and money.
The evidence base must be present, it includes the testimony of residents, all appeals to the organization and the answers from them, protocols for offenders. Noise measurement should be the same. If Rospotrebnadzor did not consider it necessary to do this, then it is required to call independent experts who will measure the noise and draw up an appropriate act. This document will be important for the court.
In a statement of claim, you can demand everything, even the eviction of a neighbor (if he is not the owner of the living space). A person who rents an apartment or lives in it under a social tenancy agreement, as well as if the apartment is municipal and not privatized, can be evicted.
If a citizen is the owner of an apartment, then such a measure is not applicable to him. If the disturber of the peace is a cafe or bar, then you can demand its closure, compensation for moral damage and losses that were caused by noise.
Silence law as amended
It was possible to prosecute the culprit only for noise at night as a violation of public order.
Until 2006, the country had
approved in 1985.
Indirectly, the problem of noise was also touched upon in the Housing Code of the Russian Federation. Rationing by time of day is determined by SanPiN 2.1.2.2645-10. According to this document, daytime lasts from 07:00 to 23:00, respectively, night time - from 23:00 to 07:00. Over time, relevant laws began to appear at the regional level, independently establishing the types of noise prohibited at certain times, based on the above regulations.
However, there was no uniformity of definitions in regional laws.
One of the very first, yet successful and effective regional regulations governing
advocatus54.ru
19.1 of the Code of Administrative Offenses of the Russian Federation (arbitrariness).
How much noise can be made in an apartment according to the law in 2019 At the same time, the law on noise in apartment buildings qualifies the noise itself. So from 23.00 (the time until how much you can make noise) and until 7.00 (the time you can make noise) you can not make noise, namely, sounds above 30 dB. It is worth noting that Article 2 of the Law “On Observing the Peace of Citizens and Silence at Night” establishes categories of noise that can disturb the peace of citizens, namely: sound from a TV, radio, tape recorder, etc. The provision of the law on noise and silence in 2019 neighbors can complain about noisy construction sites, cheerful music from cafes, restaurants, shops, etc. nearby or located in an apartment building.
The deputies adopted the relevant law The Sverdlovsk Regional Duma adopted in the first reading the amendments "On noise protection" to the regional law on administrative offenses.
Law On Noise In Apartment Buildings 2019 Yekaterinburg
07.04.2018
At night, it is permissible to make noise within 30 dB. The time interval when the noise should not exceed the norm, in the daytime - from 7 am to 23 pm. Hours when you can not make noise at night - from 23 to 7.
So, in Tomsk and the region, noise is generally prohibited during the day, but repair work is allowed in the daytime. Silence rules during repair work in Moscow - from 9 to 19.
If you make noise with a drill earlier or later than the specified time, then the hour of silence will be violated. It is strictly forbidden to disturb the peace and quiet of Russians:
Noise and Silence Regulations 2019
- complain to the precinct;
- apply for an examination that will be able to fix the level of noise produced, which will become the main evidence against the neighbors (it is quite difficult to do at night and on weekends, only during the day);
- before complaining anywhere, you need to get the conclusion of the above examination;
- you need to find witnesses who will confirm the violation of peace, collect their data and signatures.If the case goes to court, their personal presence will be needed to provide evidence (by the way, it is much easier to find witnesses in an apartment building, even at night and on weekdays);
- write a statement to the court.
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Silence Law
Citizens living in an apartment building suffer the most from noise. Because of the thin walls and close to each other apartments, people hear any rustle of neighbors. Knowledge of the provisions of the legislative act on silence in an apartment building allows residents to assert their rights to comfortable living.
Silence law as amended
Let us recall once again that in Russia regional laws have a wide practice in this area. For example, in St. Petersburg, larger fines are set for violating the law on silence: from 500 to 4,000 rubles for individuals and up to 50,000 rubles for legal entities. In this case, the repeated fine can be many times higher.
Silence Law in Yekaterinburg 2019
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to two thousand roubles; for officials - from one thousand to five thousand rubles; for legal entities - from three thousand to seven thousand rubles. (Article as amended, entered into force on June 27, 2010 by the Law of the Sverdlovsk Region of June 10, 2010 N 36-OZ. - See the previous edition)
Noise law in the apartment: what's new
- actions aimed at recovery after natural disasters and emergencies. This includes crime prevention. For example, if your car was broken into by intruders and the alarm system went off, this is not considered a violation of the silence;
- cultural events and holding official holidays.
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Silence Law 2019 in an apartment building in the Sverdlovsk Region
Due to lack of sleep, nervous disorders and irritation, the body's immune system is weakened, and this can lead to serious diseases.
Therefore, to observe silence and protect the peace of others are the rules prescribed for all residents of apartment buildings, and not only.
What objects does it apply to? The law on silence in Nizhny Novgorod covers not only apartment buildings, but also other objects of the city:
Is it legal to drill on weekends in 2019
The amount of noise produced during construction and restoration work is determined by special instruments - sound level meters, as it is measured in acoustic decibels (dBA). This unit of measurement is a physical quantity that indicates the sound pressure level at the human ear.
The law on silence in the Nizhny Novgorod region - when you can not make noise
If at a later time there is a detention of a criminal or the prevention of any illegal act, then the noise is quite justified. Also, the need to ensure the safety of citizens or the functioning of life support facilities for the population may be accompanied by increased noise at any time of the day.
Law on noise in apartment buildings 2019 Yekaterinburg Link to the main publication
Legislation
Free legal advice
Most regional laws are based on federal law. So in this case, the same FZ52 became the basis for the Sverdlovsk law on silence. Regions have the right to make their own laws regarding silence and more. So in this matter, a local act was developed that regulates the time frame and the noise level in apartment buildings and in adjacent territories. In the same act there are all provisions, prohibitions and exceptions, as well as punishment for non-compliance.
The local act "On Administrative Offenses" has article 37 and it specifically indicates all the points regarding noise.This document contains information about nighttime and daytime limits, areas covered by the law, and activities prohibited at night.
As you know, the law is easy to break if you do not know some of its provisions. It's about breaking the silence. It is enough to rearrange the apartment at the wrong time and the neighbors have the right to call the district police officer. In order to avoid such misunderstandings, you need to get acquainted with the rules of living in apartment buildings and with the main acts.
The time limits for the period when you can make noise in your apartment are set in accordance with sanitary and epidemiological requirements. All these requirements are specified in SN 2.2.4 / 2.1.8.562-96, which regulates the permissible noise level both at workplaces and in residential premises. There is another document in SanPiN - 2.1.2.2645-10, which lists the permissible noise standards at night and during the day.
