Crimes against private property according to the Criminal Code of the Russian Federation Chapter 21

The adjacent territory of a private house, how many meters can it be?

Often there is a need to determine the size of the area adjacent to the structure. There are no specific standards for the local area. For example, the average size of zones adjacent to multi-apartment residential buildings ranges from 3 to 6 m. Of course, the area can be larger. The specific parameters will depend on various factors. The calculation uses the land plan, characteristics of the structure itself, the number of residents, requirements for parking spaces and landscaping.

When establishing a zone, the need to provide a distance for fire exits and urban planning standards established for a particular area are taken into account. As for individual development, the situation here is not so clear. Nevertheless, it is worth saying that when determining the size of zones adjacent to a structure, not as many mistakes are made as in cases with multi-apartment buildings. When a land plot plan is drawn up, the area owned is taken into account first.

In addition, a distance of 1.5 m from the outer part of the fence is taken into account. It can be considered a local area

Disposal of the local area

The adjacent area is created for the comfort of residents - for walking, for the construction of playgrounds or parking lots, etc. However, if there are shops and offices in the house, often the entire local area is occupied by parking lots and parking lots.

But you need to keep in mind that since the entire territory around the house belongs to the owners of the premises in shares, it can only be disposed of jointly!

The maintenance and management of the site is entrusted only to:

• to the management company (and such a clause must be included in the management agreement);
• on the HOA (all owners of premises at a general meeting decide how the adjacent territory will be used).

The territory can even be fenced if a municipal road does not pass through the site. In this case, a public easement has been established on part of the site with the road.

If the road is not municipal, but belongs only to your home, you have the right at a general meeting to close your territory from unauthorized persons, for example, by installing a barrier.

Part of the site can be used profitably, for example, rented out for parking, and rental payments used for general house needs. But this decision is also agreed upon between all residents.

We should not forget that responsibility is imposed for improper maintenance of the local area. For example, a block of ice fell on a car parked near the house. The court will recover damages to the car owner:

• from the management company, if it is she who manages the house and receives payment for the maintenance of housing;
• with the HOA, if the house is managed independently (by way of recourse, the HOA can recover money paid in court from the guilty party).

Moreover, if the area where snow or ice can melt is fenced, the car owner will not receive anything if he parks the car inside the fence.

Characteristics of crimes

As soon as private property appeared in society, the need arose to protect it. Property in the Russian Federation can be private, state, municipal property, as well as property of public organizations and even foreign states, international legal entities and citizens. According to legislative norms, other forms of property can be established, and the state undertakes to protect not only the stability of relations in the sphere of property, but also to ensure the conditions for their successful development, and to observe the principle of equal protection of all types of property. Crimes against property of the Criminal Code of the Russian Federation are defined in articles 158-168.

The Criminal Code of the Russian Federation describes a crime against property as an intentional or negligent action or inaction that was aimed at taking possession of someone else’s property in any of its forms. .

It does not matter whether the violator’s actions cause damage directly to the owner of the property or to another person who uses the property legally. In any case, the attacker will be held accountable

Like any violation of the law, criminal encroachment on property has its own qualifying elements. Encroachment is understood as a person’s desire to physically take possession of a specific object that has a certain value. The object of a criminal act is property of any form. The legislator describes the objective side as any actions aimed at obtaining the right to use someone else’s property. The objective side may also include criminal inaction aimed at failure to fulfill any obligations, as a result of which the right of ownership was violated. A typical example of action, as an objective party, would be the theft of a car, and inaction would be a security guard who fell asleep, during whose shift there were stolen products from the warehouse.

If there is a crime against property, criminal law also identifies the subject of the offense. They can be a mentally healthy person starting from the age of 16. Some articles provide for liability for assault from the age of 14. The reduction in the age of criminal responsibility is due to the fact that it is minors who most often commit thefts, thefts and other violations of the law related to private property.

The subjective side is expressed in the direct or indirect intent to take possession of someone else’s property. The subject of encroachment is any movable or immovable property that has a certain value. Sometimes property means the acquisition of the right to use an object. Movable property can be the subject of infringement during theft, robbery and robbery.

Real estate includes:

• land;
• Houses;
• apartments and other objects that may be subject to attack due to fraud, theft with breach of trust, as well as extortion and damage.

The crime is considered completed at the moment of occurrence of adverse consequences - material damage to the owner or user of the property.

Legitimate reasons for entry

The state has established rules on legal home invasion based on regulations by the following entities.

Law enforcement officers. They can visit private households without permission in cases provided for by the provisions of the Law “On the Police”.

Thus, an invasion of private property under Article 15 can be carried out when:

1. A police officer enters the owner’s home without his consent in the event of clarification of the circumstances of a special incident or accident.
2. In case of a threat to the lives of citizens located in the premises, as well as a threat of damage or destruction of real estate or movable property of citizens.
3. In case of emergencies (emergency situations) and resulting riots and pogroms.
4. If there is operational information about the hiding of persons suspected and accused of a crime there and the suppression of the crime without delay.

Thus, law enforcement officers have the most extensive list of grounds for legal and unhindered access to residential premises.

There is a rule that police cannot break - this is addressing citizens in a degrading manner.

Firefighters and employees of the Ministry of Emergency Situations. In the event of a fire or other difficult domestic situation that can only be resolved by special entities, it is necessary to understand that their powers to enter a house or apartment without permission are conditioned by the immediate relief of harm.

When breaking doors by such entities, you need to know that these actions must be recorded:

• representatives of housing and communal services;
• local police officer.

After a “visit” by these entities, the premises must be sealed by the district police officer, and representatives of the management company or HOA must draw up a corresponding act.

Representatives of the management company or companies servicing housing and communal services. The grounds for entry into housing for this category of subjects occur at the moment the court makes a decision to evict unscrupulous tenants of residential premises. If all payments are late, housing and communal services representatives are forced to go to court to issue an eviction order.

They evict persistent defaulters, rowdy people or those who cause harm by violating the integrity of the residential premises when used for other purposes and not in accordance with the terms of the social tenancy agreement (for example, renting out a warehouse or engaging in business activities in it).

Bailiffs. They are the last on the list of subjects who enter a home without the will of the owner. Their actions, as in the previous example, are aimed at fulfilling the court decision.

However, the legislator does not give them expanded powers, since it obliges them to warn about the visit and the purpose of the visit.

Ninth Arbitration Court of Appeal

Having disagreed with the decision, the defendant filed an appeal to the Ninth Arbitration Court of Appeal. The defendant also stated that the Moscow Arbitration Court did not properly notify him of the date, time and place of the court hearing, which is an absolute basis for canceling the decision of the court of first instance (clause 2, part 4, article 270 of the Arbitration Procedure Code of the Russian Federation). The Court of Appeal found that a violation of the rules on judicial notices had indeed occurred, overturned the decision of the lower court and proceeded to consider the case according to the rules of the court of first instance (ruling of the Ninth Arbitration Court of Appeal dated February 8, 2016 in case No. A40-130855/10).

BRIEFLY

Details of the decision: Resolution of the Ninth Arbitration Court of Appeal dated March 10, 2016 No. 09AP-54532/2015 in case No. A40-130855/10.

The applicant's demands: To cancel the decision of the court of first instance, proceed to the consideration of the civil case according to the rules of proceedings in the court of first instance and refuse to satisfy the demands for recognition of the ownership rights of the city of Moscow to non-residential premises.

The court decided: To cancel the decision of the court of first instance, proceed to the consideration of the civil case according to the rules of proceedings in the court of first instance and recognize the ownership of the city of Moscow to non-residential premises.

The Ninth Arbitration Court of Appeal found that the building in which the disputed non-residential premises are located is included in the List of objects related to municipal property (approved by resolution of the Moscow City Duma of May 20, 1998 No. 47), and is included in the Register of real estate objects located in property of the city of Moscow. Thus, the Court came to the conclusion that the disputed non-residential premises are municipal property (clause 1, clause 2 of Appendix No. 3 to Resolution of the Supreme Council of the Russian Federation of December 27, 1991 No. 3020-1). At the same time, rights to real estate that arose before January 29, 1998 are recognized as legally valid in the absence of their state registration (clause 1, article 6 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with him”; hereinafter referred to as the law on state registration). As for the executed sale and purchase agreement, the Court indicated that this agreement violates the requirements of the law and infringes on the rights and protected interests of third parties, and is therefore void (clause 2 of Article 168 of the Civil Code of the Russian Federation).

The defendant's application to apply the statute of limitations was rejected by the Court with reference to Art. 208 of the Civil Code of the Russian Federation and clause 58 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation of April 29, 2010 No. 10/22 “” (hereinafter referred to as Resolution No. 10/22). According to these norms, a person who considers himself the owner of real estate in his possession, the right to which is registered with another entity, has the right to apply to the court for recognition of ownership rights. The limitation period does not apply to the claims of the owner or other possessor to eliminate any violations of his rights, even if these violations were not associated with deprivation of possession.

Based on the above, the Ninth Arbitration Court of Appeal decided to cancel the decision of the Arbitration Court of the city of Moscow and satisfy the requirement to recognize the ownership rights of the city of Moscow to non-residential premises (resolution of the Ninth Arbitration Court of Appeal dated March 10, 2016 No. 09AP-54532/2015 in case No. A40- 130855/10). This court decision is the basis for registration of ownership of real estate by the authorized body.

VS: Illegal entry into a home is a basis for seeking compensation for moral damage

The Judicial Collegium for Civil Cases of the Supreme Court issued Ruling No. 18-KG20-120-K4 in a dispute over the recovery of compensation for moral damage from a citizen who knocked down the door to a disabled woman’s apartment.

On July 11, 2022, Roman Brynza knocked down the front door of the apartment belonging to group II disabled Valentina Vikentyeva, threatening to stab the woman and her daughter. Subsequently, the magistrate found Roman Brynza guilty of committing an offense under Art. 7.17 (deliberate destruction or damage to someone else’s property, if these actions did not cause significant damage) of the Code of Administrative Offenses of the Russian Federation and fined 300 rubles. At the same time, the magistrate collected more than 10 thousand rubles from the offender. towards compensation for damage to the door.

Next, law enforcement officers opened a criminal case against Brynza for threatening to kill using a knife, recognizing Vikentyeva and her daughter as victims. In October 2022, the prosecutor's office approved the indictment.

Subsequently, Valentina Vikentyeva filed a lawsuit to recover compensation for moral damage from Roman Brynza in the amount of 400 thousand rubles. According to the plaintiff, the defendant’s illegal entry into her home with a knife and threats of murder violated her right to the inviolability of her home, deprived her of sleep and peace, and also caused severe fear and moral suffering.

However, the court refused to satisfy the stated demands, citing the fact that the plaintiff had already exercised her right to compensation for material damage. As the court explained, the legal relationship that arose between the plaintiff and the defendant does not provide for compensation for moral damage, since there is no encroachment on the intangible benefits belonging to the plaintiff, and her personal non-property rights are also not violated. In addition, the court decision indicated the lack of evidence confirming the plaintiff’s health disorder due to the defendant’s actions. The appeal and cassation supported the decision of the first instance.

Valentina Vikentyeva appealed to the Supreme Court with a cassation appeal to cancel these judicial acts. The judge of the Supreme Court restored the deadline for filing a cassation appeal, but refused to submit it to the Judicial Collegium for Civil Cases. The case was transferred to the Collegium only after the Deputy Chairman of the Supreme Court, Yuri Glazov, made a corresponding determination.

Having studied the materials of the case, the Supreme Court recalled that moral harm consists not only of physical suffering, which can objectively be expressed in disorder or damage to health, but also in moral suffering, which may not have an external manifestation and does not lead to damage or disorder of health. “In the event of a violation of a citizen’s personal non-property rights by illegal actions or an encroachment on the intangible benefits belonging to him, the presence of moral suffering is assumed. In this case, the absence of illness or other damage to health in itself is not a basis for refusing a claim for compensation for moral suffering. Compensation for moral damage is carried out independently of compensation for material damage, and therefore, compensation for material damage does not relieve the harm-doer from compensation for moral suffering,” the definition emphasizes.

As the Court explained, given in the Civil Code of the Russian Federation and Resolution of the Plenum of the Supreme Court of December 20, 1994 No. 10 “Some issues of application of legislation on compensation for moral damage,” the list of non-property rights and intangible benefits is not exhaustive. So, in Art. 25 of the Constitution of the Russian Federation enshrines the right of everyone to the inviolability of their home - no one has the right to enter a home against the will of the persons living in it except in cases established by law or on the basis of a court decision.

“The right to inviolability of home is expressly stated in Art. 150 of the Civil Code of the Russian Federation as an intangible benefit protected by law. The circumstances indicated by the plaintiff of the violation of her right to the inviolability of her home, as well as the infliction of moral suffering on her by threats, were not refuted or called into question by the court. In addition, the fact of knocking down the door in the plaintiff’s apartment was established by the decision of the magistrate in the case of an administrative offense that entered into force and the decision of the magistrate on compensation for material damage. The court's argument in support of the denial of the claim for Valentina Vikentyeva's right to compensation for material damage directly contradicts the law, since moral damage is compensated regardless of compensation for material damage. We also cannot agree with the court’s argument given in support of the refusal of the claim that Valentina Vikentyeva filed a claim in a criminal case,” the Supreme Court noted.

In addition, as stated in the definition, the presence of a previously filed similar claim is not a basis for refusing the claim, but for leaving the application without consideration, provided that the case regarding the previously filed claim is being processed by the same or another court, and the existence of a criminal case, before the consideration of which it is not possible to consider a civil case may be grounds for suspending the proceedings, but not for refusing the claim. In the dispute under consideration, the Supreme Court emphasized, there is no information about the progress of the criminal case after the prosecutor has approved the indictment (including whether it is in court, whether any court decisions have been made on it). At the same time, refusal to satisfy a claim in a civil case is an obstacle not only to satisfaction, but also to subsequent consideration of a similar claim brought by the same plaintiff against the same defendant and on the same grounds. As a result, the Supreme Court overturned the acts of the lower courts and returned the case to the first instance.

The Chairman of the Minushkina and Partners Agency, Anna Minushkina, noted in a commentary to “AG” that the Supreme Court provided several important reminders rather than clarifications on the application of substantive and procedural law. “Violation of the right to inviolability of home is a violation of personal non-property rights, and therefore moral damage is subject to compensation. To confirm the presence of moral damage in this case, it is not at all necessary to confirm the presence of harm to health. The absence of a health disorder cannot be a basis for refusing a claim for compensation for moral suffering,” she emphasized.

The lawyer added that the filing of a claim by a person in a criminal case cannot be a basis for refusing to satisfy the claim, but can only serve as a basis for leaving the statement of claim without consideration or for suspending the proceedings. “I believe that in the case under consideration, the lower courts made an error in applying the rules of substantive and procedural law, which was successfully corrected by the Supreme Court,” summarized Anna Minushkina.

According to the lawyer of the Nizhny Novgorod Regional Bar Association, Alexander Nemov, in the ruling under consideration, the Supreme Court indicated that the lower authorities did not even understand the subject of the dispute. “They should have accepted as grounds for compensation for moral damage not only the fact of damage to the apartment door, but also death threats, as well as the fact of illegal entry into the home,” he emphasized.

In particular, Alexander Nemov explained, the lower courts did not clarify the fate of the criminal case against the defendant and refused to satisfy the claims, while the proceedings should have been terminated or suspended. “Thus, the lower courts also violated the plaintiff’s right to access to justice, because the plaintiff (by refusing to satisfy the claim) was deprived of the opportunity to re-apply with the same demands and grounds. It’s surprising why the lower authorities were unable to sort out this dispute,” the lawyer concluded.

The concept of private territory in the context of criminal law

The nuances of illegal entry into private territory are stipulated in Russian legislation. Rules for the use of private territory by third parties according to clause 2 of Art. 252 of the Civil Code provide for the possibility of crossing any area with unmarked boundaries and the absence of warning signs about the prohibition of crossing the boundaries of the area.

The only restrictions in this case will be:

• possible damage;
• concern of the owner of private territory.

Such crossing of the site will not be punished either under the Code of Administrative Offenses (Code of Administrative Offenses) or under criminal law.
Criminal law operates with the concept of home and restrictions on the owner’s permission. Thus, if a person who entered a house without the presence of a resident, under Part 1 of Art. 139 of the Criminal Code of the Russian Federation, it will not be possible to qualify this act. We are not talking about an attack on the owner or robbery, we are stating the very fact of illegal entry into private territory.

With a private territory of real estate - a plot of land or a garage, it is even simpler, because the owner must ensure that entry into the private territory is prevented - have a fence, a gate, which, in turn, must be locked.

Inviolability of the home

Article 25 of the Constitution states that strangers do not have the right to enter residential premises without the permission of the persons living there, with the exception of a number of cases expressly prescribed by the legislator. The term “dwelling” refers to any room or building in which people can live temporarily or permanently.

It could be:

• village hut;
• country house;
• city ​​apartment;
• hotel room;
• summer tent;
• builders' trailer, etc.

Train compartments and ship cabins do not belong to this category, because these are elements of transport.

The owner of the premises and any person living there with his permission have the right to inviolability of the place of residence.

Home penetration

Illegal entry into premises where people live is subject to criminal liability regulated by Article 139 of the Criminal Code of the Russian Federation.

Illegal entry into premises where people live is subject to criminal liability regulated by Article 139 of the Criminal Code of the Russian Federation.

But not any entry into a residential area is classified as a crime.

Police officers can legally enter a room or building against the will of the residents in the following situations:

• to stop the ongoing criminal plot within the tenant;
• ensuring safety in case of emergency;
• for the purpose of catching a criminal;
• in order to clarify the circumstances of the accident

Investigative officers, if they have a court order for a search and other legal actions, also have the right to get inside without asking.

With the permission of one of the people living in the house, anyone can enter it, even if the other residents are against it. There is no criminal liability for an unwanted guest.

The actions of a person who entered a dwelling by misleading the owner, but with his permission, are not regarded under Article 139. Then there is a different element of the offense. That is, if the owner himself brought a person into the house who then robbed him, the thief will be punished not for breaking into the house, but for robbery.

Landscaping of the territory of a private house

When owning a house and land in the private sector, you must remember that an important component of maintaining the property is landscaping the site. The list of landscaping works is a list of activities aimed at improving the external and operational characteristics of the site

The scope of work includes:

• garbage collection;
• uprooting trees and shrubs, mowing dry grass, seasonal pruning of branches;
• use of fertilizers;
• design of flower beds, lawns and hedges;
• tree planting;
• arrangement of paths, trails, recreation areas, gazebos, etc.

This list cannot be called exhaustive; everything is individual and may be expanded. Depending on the type and volume of work, the owner may need to prepare the land, attract specialists, and purchase materials.

One of the important components of landscaping the area next to a private house is its landscaping. Planting trees and shrubs allows you to improve the aesthetic characteristics of the land, improve its properties, strengthen the soil, and protect the house from wind and other meteorological manifestations. Cultivated and ornamental plants are used for landscaping, but before planting you need to take into account their frost hardiness, light-loving nature, resistance to drought, high humidity, etc.

Improvement of the land next to the house significantly affects the value of the property

When selling, buyers will pay attention not only to the characteristics of the property, but also to the landscape design, lighting, water supply, and fencing, so landscaping should be taken care of in advance.

Abroad, all house plots are similar to each other, like two peas in a pod. Near each residential building you can see a neatly trimmed lawn, young trees, and alpine slides. In the Russian Federation, quite often the areas next to a private house do not look well-kept. In this connection, the issue of measures to bring negligent owners to justice is under consideration at the highest legislative level.

Legislative guarantees for property protection

In Art. 35 of the Constitution establishes rules aimed at protecting private property. According to this norm, any person has the legal right to own property and dispose of it at his own discretion. Deprivation of such property is possible only on the basis of a court decision. Its seizure by government authorities is only possible if adequate compensation is offered.

It should be noted that the Constitution of the Russian Federation protects not only the right of ownership, but also the right of use and possession. The use of a thing is the opportunity to receive various benefits from the use of property, to obtain satisfaction of needs. Possession is the ability to have a thing, use it, and protect it from illegal attacks. The order, in turn, presupposes that the owner has the right to sell the thing, transfer it for rent, temporary free use, donation, etc.

These powers are subject to legal protection, since otherwise any person will be able to take away the right, deprive the property of the rightful owner, and limit the possibility of using it. There are both methods of protection that are sanctioned by the state, i.e. means of state coercion, in particular, administrative, criminal, and other types of liability, as well as private law methods enshrined in civil legislation.

It is up to the owner to decide which methods of protecting property to resort to. Next, we will tell you what specific mechanisms are in effect today.

Violation of land boundaries

Although land ownership is protected by law, the question of how to prosecute its violators remains open. This situation is due to several factors:

1. Land, as an object of law, has a special status. This is not only property, but also a natural resource protected by environmental laws, which means that:

• The owner's exercise of his rights must not violate the rights of others to use natural resources. For example, if the site is located near a river or forest and blocks access to citizens, the owner does not have the right to prevent those wishing to swim or hunt from passing through his yard;
• the owner cannot prohibit a neighbor or other interested person from passing through his plot if he has the right of easement. This privilege is given by the court if necessary, for example, when it is not possible to use another road bypassing private property.

In such a situation, it is better to voluntarily allow your neighbor to pass through the yard. This will help avoid legal red tape and unnecessary costs.

2.In itself, entering the yard without the consent of the owner does not entail criminal liability, even if it is illegal. If someone entered an open gate or even climbed over a fence without damaging it and walked around the yard, there is no corpus delicti in his actions.

The Criminal Code does not have an article regulating this issue, and judicial practice recognizes this fact as insignificant. In this case, the violator of property rights can be punished only if he causes significant harm to the owner of the site. That is, this action is considered in conjunction with another crime (theft, causing harm to health, etc.).

At the same time, Article 1 of the Civil Code of the Russian Federation does not allow interference in the private affairs of the owner, therefore entering the site without the consent of the owner is considered illegal. But the mechanism for protecting the violated right is not clear.

Local area of ​​the house maintenance rules

It must be remembered that while private houses are identical, the configuration of the territory adjacent to the private plot may vary. Only after this is it necessary to contact local authorities to secure ownership of the adjacent plot. The territory adjacent to the fence of a private plot can be registered in the form of ownership or lease.

You just need to write an application and provide a document that would confirm that this object is in an abandoned state. A decision on the condition of the site must be made within 18 days from the moment the application was accepted.

Notice of such a meeting to survey the local area of ​​a private home must be served, sent, or published at least 30 days before the meeting. Persons who have an interest in a meeting who refuse to attend will be deemed to have been duly notified of that meeting. To do this, you must contact the local government with an application for the right to rent.

When important communication lines pass through a given territory. If the site is located on an area of ​​historical and cultural significance. If other owners have rights to this site and do not have their consent. Its owner has certain rights and obligations, which we will consider in this article. The boundaries and dimensions of the local area must be determined by legislation and established regulations.

This area may include various objects, roads, landscaping areas, as well as playgrounds. The documents also talk about heating points, garages, parking lots and other objects that may be included within the local area. Many owners do not have information about the specific boundaries of their local area.

In certain places of the local area you can make flower beds. In fact, the local area is considered an area that can be given for common use to neighbors or other residents. Some objects cannot be included in the local area, this applies to entrances and the like. The local area, as a rule, is determined at the initial stage of building a house on a summer cottage.

Article 15. Entry into residential and other premises, land plots and territories

1. The police protect everyone’s right to the inviolability of their home.

2. Police officers do not have the right to enter residential premises against the will of the citizens living in them except in cases and in the manner established by federal constitutional laws, this Federal Law and other federal laws.

3. Penetration of police officers into residential premises, other premises and land plots belonging to citizens, premises, land plots and territories occupied by organizations (except for premises, land plots and territories of diplomatic missions and consular offices of foreign states, representative offices of international organizations), is allowed in cases provided for by the legislation of the Russian Federation, as well as:

1) to save the lives of citizens and (or) their property, ensure the safety of citizens or public safety during mass riots and emergency situations;

2) to detain persons suspected or accused of committing a crime, as well as persons caught at the scene of their committing an act containing signs of a crime, and (or) fleeing from the place of their commission of such an act, and (or) persons on whom the victims or eyewitnesses indicate that they committed an act containing signs of a crime;

3) to suppress a crime;

4) to establish the circumstances of the accident.

4. When entering residential premises, other premises and land plots belonging to citizens, premises, land plots and territories occupied by organizations, in the cases provided for in Part 3 of this article, a police officer has the right, if necessary, to break into (destruction) locking devices, elements and structures that prevent entry into the specified premises and onto the specified land plots and territories, and inspection of objects and vehicles located there.

5. A police officer entering a residential premises is obliged to:

1) before entering a residential premises, notify the citizens there about the reasons for entry, except in cases where delay creates an immediate threat to the life and health of citizens and police officers or may entail other grave consequences;

2) when entering a residential premises, against the will of the citizens there, use safe methods and means, respect the honor, dignity, life and health of citizens, and prevent unnecessary damage to their property;

3) not to disclose facts of the private life of citizens living there that became known to him in connection with the penetration into the residential premises;

4) inform your immediate superior and submit a report within 24 hours about the fact of penetration into the residential premises.

6. About each case of entry of a police officer into a residential premises, as soon as possible, but no later than 24 hours from the moment of entry, the owner of this premises and (or) citizens living there are informed in the manner established by the federal executive body in the field of internal affairs, if such penetration was carried out in their absence.

6.1. About each case of entry of a police officer into a non-residential premises or land plot under the circumstances specified in Part 4 of this article, as soon as possible, but no later than 24 hours from the moment of entry, is informed in the manner established by the federal executive body in the field of internal affairs, the owner of a non-residential premises or land plot or his legal representative, if such entry was carried out in his absence.

7. The prosecutor is notified in writing of each case of a police officer entering a residential premises against the will of the citizens there within 24 hours from the moment of entry, except in cases where federal law establishes a special notification procedure.

8. The police take measures to prevent unauthorized persons from accessing residential premises, other premises and land plots belonging to citizens, premises, land plots and territories occupied by organizations, and to protect the property located there, if the entry was accompanied by actions provided for part 4 of this article.

Property protection mechanisms provided for by civil law

Civil legal methods are based on the possibility of judicial protection of the rights of the owner of a thing whose rights have been violated. Such a person can apply for the protection of his rights to the court with a statement of claim and, after successful completion of the case, receive an officially sanctioned judicial act protecting the right of property.

Methods for protecting civil rights are listed in Art. 12 of the Civil Code of the Russian Federation. The first mechanism outlined in this article is the mechanism for recognizing the rights of the property owner. A striking example of the mechanism is the recognition of rights based on Art. 225, 234 of the Civil Code of the Russian Federation. By virtue of these rules, the owner of a thing, who has owned it for a long period of time, has the opportunity to obtain recognition of ownership and obtain the right to dispose of an ownerless thing.

The second mechanism is the reclaiming of the owner’s property from illegal possession. If, as a result of illegal actions of third parties, the owner of the property has lost the opportunity to freely own and dispose of it, he can, on the basis of Art. 301 of the Civil Code of the Russian Federation, file a vindication claim in court.

The third mechanism is provided for in Art. 304 of the Civil Code of the Russian Federation. According to this power, the owner has the right to demand from third parties any violation of his property rights. An example of a situation where an owner may need protection of rights under Art. 304 of the Civil Code of the Russian Federation is the illegal residence in his apartment of a stranger who does not have the right to use and own property. In this case, the property owner can use not only public law methods, but also go by filing a negative lawsuit in court demanding eviction and stopping the violation of the right.

Regulatory fixation of responsibility

The Criminal Code of the Russian Federation contains Article 139 on punishment for violating the inviolability of the home. This article contains 3 dispositions with their own objective aspects of the unlawful action being committed.

Part one. So a criminal act with the least sanction in accordance with Part 1 of Art. 139 of the Criminal Code of the Russian Federation recognizes one that is organized against the wishes of the owner of the property, without the use of violence and threats and without the use of his official position. The legislator takes into account the interests of the owner, but the sanction of this part is insignificant. If a person is in the premises with the permission of the owner, then the crime is excluded.

If a criminal has violated part one of the article, then the justice authorities may apply one of the following types of punishment to him:

• the criminal may be arrested;
• fines may be imposed on the offender;
• various types of compulsory labor may be applied to the offender;
• the offender may be sent to forced labor.

Sanctions applicable to the first part of Article 139 in relation to a fine, the court may set a maximum amount of up to 40,000 rubles. The amount of hours of compulsory work cannot be determined by the court to exceed 360 hours. Correctional labor is imposed for up to a year, arrest is applied for a period of no more than three months.

Part two. This is followed by Part 2 of Article 139. It normatively defines a crime accompanied by violence or the threat of its use when entering private property.

For this crime, the legislator provided punishment in the form of:

• fine;
• correctional labor;
• forced labor;
• imprisonment.

The amount of the fine, if the crime is classified under this part of Article 139, increases to 200,000 thousand rubles, all types of work and imprisonment can be applied within two years.

Part three. An official who has committed an invasion of a house in the performance of his obligations, without having legal grounds, is subject to criminal punishment in accordance with Part 3 of Art. 139.

The sanction of the article provides for the following types of punishment:

• fine;
• deprivation of office and subsequent deprivation of rights to all kinds of positions and all kinds of activities. The restrictions relate to the type of activity in which the offender was involved;
• forced labor;
• arrest;
• deprivation of liberty.

Here there is the presence of a special subject of the crime and a special type of punitive sanction is introduced - deprivation of the subject of the crime of the right to work in certain positions and similar types of activities - from 24 to 60 months. For the fine in this case, the minimum and maximum amounts are established - from 100 thousand rubles to 300 thousand rubles.

The commentary to this article describes the concept of housing.

The concept of “dwelling” should be considered in relation to the following immovable objects:

• individual residential building;
• residential premises for permanent residence;
• residential premises for temporary residence.

Thus, in the comments to the Criminal Code of the Russian Federation it is determined that violation of the inviolability of private property is limited to residential premises.

Unauthorized entry into private territory adjacent to a house, for example, a plot of land located around a house, will contain a different corpus delicti and be qualified by other provisions of the Criminal Code.

In what cases does criminal liability arise?

An essential condition for the existence of a crime is legal confirmation of entry into privately owned territory. It must be appropriately marked on the ground. For example, using barriers, gates, wickets, locks, or using signs and inscriptions prohibiting entry into a given area. In addition, to qualify an act under Article 139 of the Criminal Code of the Russian Federation, it is necessary that the dwelling be a place of residence for people. When the invasion was carried out in an apartment or house where no one lives, then this situation does not form a punishable offense. But this act is necessarily considered in court as an aggravating circumstance, which will entail tougher punishment. The law also describes the conditions under which the criminality of actions aimed at invading private property is excluded:

• When persons living in the premises are in danger of their life or health, and entry into private territory in the absence of the consent of the residents is intended to save these people (in case of fire, gas poisoning, to provide medical assistance).
• Cases of visits to places of residence of persons under guardianship by guardianship and trusteeship authorities.
• The need for an inventory, as well as confiscation of property, carried out by bailiffs without the consent of the owner in the presence of a corresponding court order.
• If the intrusion was carried out by law enforcement officers or special services in order to prevent a crime, as well as detain the culprit.

Info

The object of the crime is social relations that arise regarding the implementation of the ban on intrusion into residential buildings or structures used as places where there are conditions for permanent or temporary residence in them.

The objective side is formed by actions expressed in physical penetration and stay within its boundaries against the will of the owners or other owners of these plots. It is important to note that when penetration is carried out with the consent given by the residents, even if it was obtained by deception or abuse of trust, then there is no criminal element, and the offender may be sentenced to punishment under another article. The subjective side is determined by direct intent, when the person realized the crime of invading the territory of a residential premises and wanted it. The subject of liability is a person recognized as sane and who is 16 years old.

Important

When assigning punishment, the court also takes into account the method and consequences of committing the punishable act. If the entry was carried out secretly (by opening locks), as well as with the use of violence or the threat of its use, then the punishment will be more severe. In case of damage to the property of residents, tougher sanctions also follow.

Design rules

The adjacent territory of a private house, no matter how many meters it includes, can be used by the owner of the property in agreement with local authorities. SNiP does not contain standards regarding what area should be included in the local area. When establishing the size of the land, one must focus on important conditions and external factors, and also adhere to the sequence of actions. Initially, you should draw up a plan of the territory, and indicate on it the natural boundaries of the site and all the facilities necessary for servicing a private house.

The plan should not forget about municipal land; its shape, area and other characteristics must also be indicated. Before submitting an application to the city administration, you need to agree on the boundaries of the local area with your neighbors, listen to their opinions, and eliminate the inconvenience. Only when a compromise has been reached between the residents of neighboring houses can an application be submitted to the local municipality with a request to secure ownership of the plot next to the house.