How to write a statement to the district police officer on the neighbors

Write a complaint to the police against the neighbors for violating the silence

What to do?

Sample application to the city administration about the violation of silence at night.
Statement of infringement
Silence Law Violation
Administrative punishment for violation of silence
Law on administrative liability for violation of silence
Silence penalty

Questions

1. We need a sample statement of claim in court for violating the law on silence by a bar.

1.1. The statement of claim must comply with the requirements of Art. 131-132 Code of Civil Procedure of the Russian Federation.

2. What is the term for considering an application for violating the law of Moscow on silence.

2.1.

The content of the document is a detailed description of the violation with reference to the legislative framework.

Upon submission of an application, the following decisions may be made:

recognize the complaint as unfounded and refuse the citizen to satisfy his requirements;
remove the district police officer from the performance of official duties and apply disciplinary measures to him;
refer the case to the higher bodies of the Ministry of Internal Affairs for a final decision;
forward the complaint to another police officer for consideration and appropriate action.

To the prosecutor's office

You can challenge the actions of the police and defend your rights by contacting the prosecutor's office. This department has legislative power over the employees of the Ministry of Internal Affairs. Claims can be filed in person or remotely via the Internet.

We bought an apartment, a small amount was missing, the sellers put up an encumbrance, they gave the money to them, they still haven’t removed the encumbrance, 4 months have passed, we don’t know what to do. They wrote a statement to the police until silence, they said that this is an administrative and legal violation, we will work, wait.?

8.1. Alevtina, you can remove the encumbrance in court, and lay the legal costs on the defendants, because do you have evidence of payment of the missing amount?

Important

A question. Neighbor filed a complaint against me for violating silence

I wrote an explanation. Now I am called to the administration to testify and draw up a protocol. UNDER what grounds do they still have the right to draw up a protocol on violation.

9.1.

This is especially effective if a disobedient citizen occupies public housing. A sample of how to write a statement about neighbors who break the silence can be taken at the reception or at the police department. Although it is better to write it yourself, just describing the situation in more detail.
The document should look like this:

“To the district commissioner __________________

Department of Internal Affairs of the city or district __________________________

the address_________________________________________

from a citizen ______________________________

living ____________________________

contact number __________________________

Statement

I, __________ (full name) am the owner of the apartment, which is located at: _____________________________.

How to write a citizen an application for neighbors who are noisy, sample

The application can be made by a citizen individually or collectively. Complaints of the second type are more preferable, as they will be responded to more quickly. But, most often, it is much easier to file such a complaint individually if all other tenants are passive or afraid to file a complaint against someone.

Before proceeding to write a statement, it is also worth making sure that you have correctly identified which of the tenants is the source of the noise. Relying only on the fact that it seemed to you that the sounds are coming from above is not worth it, sometimes due to the design features of the house, the sound can be distorted, and you can mistake the wrong apartment for noise sources. Actual verification is required to avoid such errors.

The application can be made by a citizen individually or collectively.

The application for noisy neighbors includes such information

Information from the identity document of the citizen submitting the application (if the complaint is of a collective nature, then the passport data of all persons involved in the application are indicated).
Name of the precinct.
The actual location of the building in which the offense is committed.
Contact telephone number for contacting the complainant (or complainants, in the case of filing a collective complaint).
Description of the current situation and how the situation violates the rights of the applicant (example: due to constant noise, I develop insomnia, increased nervousness and had to see a doctor to eliminate these problems). In addition, you need to indicate how often the neighbors are noisy, what is the degree of noise, indicate the data from the measuring device and the dates when you took the measurements. When describing the situation, it should also be noted whether you tried to resolve the situation peacefully, through dialogue with your neighbors.
Add links to laws that regulate noise standards in apartment buildings. These include: regional laws on silence, article 30 of the LC RF, Federal Law No. 52. If a neighbor insulted you, then it is worth noting this in the complaint and referring to Article 20.1 of the Code of Administrative Offenses.
Describe the requirement (example: in accordance with the law I demand to evict or influence the behavior of residents so that they do not violate the law and do not interfere with others) and do not forget to indicate that you need to be informed about the results of the solution to the problem.
Indicate the date the application was completed.
Put a personal signature, it must match the one indicated in the passport.

After that, the district police officer must accept the application, if he does not want to do this, it is necessary to demand a written refusal from him with justification of the reasons. In some cases, you can get into an unscrupulous district police officer who will refuse to fulfill his duties, in which case you can file a lawsuit against him. But, according to statistics, as soon as you demand the writing of an official refusal, the application will be accepted immediately.

In addition, it is worth asking for the terms for considering the application and the response time, carefully monitoring them so that your application is not accidentally lost or there is no other reason for which the problem was not taken into work.

Documentation

Documents that you will need to provide to the precinct

identity document of the applicant (documents of all applicants in case of filing a complaint of a collective nature);
the original version of the application and its photocopy;
copies of appeals to other authorities, if any (for example, this may be the fact of contacting the police earlier);
if you wish, you can provide audio recordings of the noise that neighbors create and screenshots / photos of devices with readings that you received when measuring noise.

Silence statement at night

In any case, to fill out the form, you need to display the following information:

You can make a request on a blank sheet of A4 format. You need to write competently, avoiding mistakes and corrections, in a business style, concisely and clearly stating the facts.
You need to start filling out the form from the upper right corner of the page, where you want to display the addressee's data (position, department, full name).
Below you need to fill in the details of the applicant (full name, address of residence, contact details). It must be remembered that an anonymous request in such cases is not accepted and is not considered.
After filling in the "header" in the middle of the line, the name of the request "Statement" is filled in, and then, below, the content of the appeal is stated.
Here it is required to state specific violations, with a description of the details of the event.

Write a complaint about the violation of silence

Go to the police station in person

- State the essence of your appeal orally. In this case, the district police officer will independently record a statement from your words.

- Submit an application, written independently in a simple, free form.

- Fill out a special form that will be issued to the district police at the police station.

Within 3 days (law No. 174-FZ of the Code of Criminal Procedure of the Russian Federation of December 18, 2001), the district police officer is obliged to check the information indicated in the application, draw up a protocol and take measures to resolve the conflict that has arisen. In case of proven systematic violations, the district police officer has the right to impose an administrative fine.

Note.
If you came with a statement, and the district officer is not at the police station, your statement must be accepted and registered by the officer on duty.

How else to legally deal with noise at night from neighbors

There are not so many legal methods of struggle, here are the key ones that you really should turn to to solve the problem

Dialog. The simplest measure that can really help if you're polite enough. But in some cases, the neighbors may not be adequate enough or very selfish, in which case it is worth using the measures presented below.
Appeal to the manager. This is not a very effective measure if the neighbors are not particularly adequate and educated, but the responsible house manager can apply to subsequent authorities instead of you. In addition, if you are poorly informed about your neighbors, it is from the house manager that you can request information about them. This is useful for specifying requirements in subsequent instances. If the neighbors are not registered in the apartment, then they can be evicted altogether for violating the law.
Submitting a complaint to the District Officer. The most common and effective way to solve the problem with reliable testimony and conscientious performance of duties by the district police officer.
Filing a complaint with Gosadmtekhnadzor, whose duties also include the elimination of violations of the law in terms of silence.
Writing an application to the prosecutor's office.
Appeal to the court. It is the last measure when all the others for some reason did not bring the desired result.

When can I apply

Within the framework of apartment buildings, the permissible noise measure is as follows (there may be some discrepancies in figures depending on the region in question):

in the daytime (from 7 to 23) - no more than 55 dBA;
at night (from 11 p.m. to 7 a.m.) - no more than 45 dBA.

Noise is allowed within one apartment:

in the daytime - no more than 40 dBA;
at night - no more than 30 dBA.

If the indicators go beyond these values, then a complaint against neighbors for noise can be safely filed.

At the same time, it is important to have actual readings, you can measure them either with a special noise meter, or use a laptop or smartphone. On the device, you need to download the Sound Meter program or any similar program, with which you can make noise measurements

Statement of violation of peace and quiet

For example, in the capital, an attempt at hooliganism at night will cost a brawler 2,000 rubles, and in the daytime - half the price.

In addition, there are penalties for:

for pollution of adjacent territories by domestic animals - from 1,000 rubles;
for the absence of vaccinations - from 2,000 rubles;
for walking without a collar - up to 3,000 rubles;
for insulting citizens - from 1,000.

When the actions of the violator are systematic, malicious, which is confirmed by repeated complaints from neighbors to the police, or are associated with actions that have caused damage to human health, the punishment may develop into a criminal one. This is fraught with real imprisonment.

When noise is illegal

Before making demands on noisy neighbors, you should figure out in which cases noise is illegal, and in which, despite the inconvenience caused, the law is still on the side of the neighbors. Noise can be recognized as violating the rights of other residents of an apartment building, as well as illegal if:

if time frames are violated;
if the conditions for noise loudness, measured in decibels (dB and dBa), are violated.

The time frame during which it is forbidden to make noise, and the maximum permissible noise level during the day and at night, are established by SanPiN 2.1.2.2645-10. These requirements became mandatory as a result of the adoption of Federal Law No. 52 of March 30, 1999, which, in paragraph 3 of Art. 23 indicates their observance in the maintenance of residential premises. Thus, at the federal level, it is fixed:

at night from 23 to 7 hours the noise level is not higher than 45 dBa;
in the daytime from 07:00 to 23:00 the noise level is not higher than 55 dBa;
noisy work related to repairs can only be carried out during the daytime from 7 a.m. to 7 p.m. and only on weekdays.

Legislators at the regional level can fix other rules regarding the maximum noise level and the time frames of night and daytime, while they should in no way worsen the situation of citizens. In many regions, night time is set from 22:00, and in some even from 21:00.

Therefore, if the neighbors make noise from 23 to 7 o'clock, then this clearly violates the rights of other residents to silence. In addition, if the noise exceeds the established norms during the daytime, then the actions of such neighbors can also be declared illegal.

Silence statement

The following must be noted in the application:

information about the parties to the case;
description of the problem;
a list of documentary acts proving the correctness, etc.

If this document is submitted by a collective association, then it is necessary to elect its representative and formalize the powers in the proper way (issue a certified power of attorney).

It is this citizen who will protect the rights and interests of residents whose rights are violated due to the misconduct of their neighbors.

It should be noted that, based on the results of the consideration of the case, the perpetrators may be required to compensate for the damage, as well as bring them to all types of liability provided for by Russian law (administrative, criminal, etc.).

The decision of the court must be fully implemented.

How to write a statement to the precinct

You should contact the district police officer if the noise from the neighbors is not isolated. So, if neighbors constantly listen to music at night or otherwise make noise not only at night, but also during the day, it is necessary to prepare an application to the district police officer, a sample of which can be asked directly at the site at the place of residence.

Additional evidence when writing a statement to the district police officer can serve as:

testimonies of other tenants (it is possible to write a collective complaint);
dictaphone recordings, as confirmation of the noise;
conducting an examination that allows you to set the noise level in dBa - for this you should contact an expert organization (such situations are possible, for example, when air conditioners are operating in commercial areas located on the first floors of an apartment building);
in case of deterioration of health caused by constant noise - a medical examination, for example, in case of hearing loss.

The application is drawn up in writing, and it should be drawn up in 2 copies, one of which will remain on hand with the mark of the district police officer on acceptance.

The main attributes of the application are:

name of the addressee (to whom and where it is sent);
from whom this application was received (in addition to the full name and contact phone number, you should indicate data that allows you to identify the person: passport data, date of birth, registration address);
indication of the type of document (application, complaint, etc.);
the main text should include a description of the event, as well as a request to check and hold the perpetrators accountable;
at the very end of the application, the date of writing and the signature of the applicant are affixed.

There are no special requirements for writing such a statement, so you can take any complaint or statement as a sample.

Attention! If the district police officer does not properly respond to the application received, one should contact his higher management with a statement about the inaction of the official.

In conclusion, we note that filing an application for noisy neighbors gives the citizen the right to apply to the court for the recovery of moral damages. Despite the fact that it will not be possible to recover any significant amounts, even insignificant compensation will be noticeable to the neighbors. Therefore, before disturbing the residents of neighboring apartments in the future, they will know that there are various legal ways to bring them to justice.