How to correctly write and submit a complaint against neighbors to the district police officer

The local police commissioner is the representative of law enforcement authorities “closest to the people”. It is to him that people complain in almost all cases of life - the apartment is flooded, the door is damaged, a dog has bitten, noise from neighbors at night, etc. In fact, the district police officer actually has powers that allow him to influence offenders. As part of his duty, he is obliged to prevent any violation of the law and has the right to collect documents, explanations, and make decisions on sending materials to the court and investigative authorities.

At the same time, in many situations the district police officer is approached on issues in which he is incompetent. When you really should ask for help from the local police commissioner and how to do it correctly - read our article.

Reasons for filing a complaint with the district police officer against neighbors

You can file a complaint for any violation by neighbors. It is important that the appeal is justified and supported by evidence.

Reference! Not only the owner of the apartment, but also the tenant can file a complaint.

Causes of conflicts with neighbors

Any violation of generally accepted rules of behavior on the part of neighbors is, first of all, disrespect for the people living in the same house with them. However, considering living in an apartment building in the legal framework, it can be stated that inappropriate behavior of a resident of an apartment building is inherently an offense.

In case of any violations on the part of a neighbor, the first thing you should do is try to talk to him: point out the problem that causes discomfort and ask him to solve it in some way. If conversations have not helped, or the neighbor does not make contact at all, it is time to resort to methods of resolving the situation established by law. Let's look at what exactly can be done in various situations.

Noise behind the wall

Complaints about noise from neighbors are perhaps the most common among residents of apartment buildings. Depending on the source of the sound - repair work, a child's cry, loud music, etc., you need to choose who to complain to about noisy neighbors.

The level of permissible noise and the measure of liability for violating established standards are regulated both by federal legislation (Article 23 of the Federal Law of March 30, 1999 No. 52-FZ “On the Sanitary and Epidemiological Welfare of the Population”) and by regional laws detailing the rules for maintaining silence.

So, according to the law on silence in Moscow, you cannot make noise from 23:00 to 07:00, and also make repairs - from 19:00 to 09:00, from 13:00 to 15:00, on Sundays and holidays. At the same time, during the daytime the noise cannot exceed 55 decibels, and at night - 45 decibels.

Of course, it is unlikely that anyone will specifically measure the noise level in an apartment with a sound level meter; here it is rather worth focusing on whether the noise creates discomfort.

In addition, some buildings establish their own rules for using an apartment building, further limiting the possibility of making noise, well, at the contract level. In accordance with this agreement, a neighbor can also be held accountable, but this will be extremely difficult to do: firstly, entering into this agreement occurs on a voluntary basis, and the neighbor could simply not sign it, and secondly, this requires an application to court.

Important! The level of extraneous noise in an apartment depends not only on the degree of activity of the neighbors, but also on the quality of sound insulation. Thus, new buildings must comply with the noise insulation level CH 2.2.4/2.1.8.562-96. 2.1.8. If you bought an apartment in a new building, but you can hear your neighbors behind the wall as if you were at home, this is a reason to file a claim with the developer.

Where to contact:

1. To quickly solve a noise problem, you must first call a local police officer, who is obliged to respond to the call, find out the cause of the noise and, if possible, eliminate it, and bring the perpetrators to justice.
   If noise bothers you regularly, you should try to figure out its cause and, if necessary, involve highly specialized authorities in solving the problem. You can also submit a written complaint to the district police officer about noisy neighbors.
2. So, if the noise allows us to conclude that the neighbors are mistreating the child, it is worth contacting the guardianship authorities. You can also complain to guardianship if your neighbor is disabled or elderly, suffering from a psychological disorder and in need of help. However, before contacting this government agency, it is better to try to find out more about your neighbors’ family: perhaps they just have a restless child. After all, guardianship can create serious problems even for a normal family.
3. It is also worth paying attention to the nature of the sounds of repairs: neighbors may be carrying out illegal redevelopment, which will be indicated by the sounds of collapsing walls, tremors, or even the appearance of cracks in the walls or ceiling. The State Housing Inspectorate is authorized to hold people accountable for such violations. It will impose a fine on the violator and also oblige him to restore all structures to their original condition. Subsequently, if the neighbor’s actions caused damage to other apartments, damages can be recovered from him through the court.
4. You can also go to court for compensation for moral damage caused by constant noise from neighbors. However, you shouldn’t count on much: the court itself sets the amount of such compensation and, as a rule, it is very small, within a few thousand rubles.

Smoking

Smoking in public places, which includes all common areas in an apartment building, is prohibited and is an administrative offense. You can file a complaint with the police about neighbors who smoke.

The situation is more complicated in situations where a neighbor smokes in his apartment, but the smoke penetrates into other living spaces. On the one hand, the owner of a residential premises has the right to do almost anything on his personal territory. On the other hand, his actions should not infringe on the rights of other residents. Judicial practice shows that smoking on your balcony or loggia is illegal if it causes inconvenience to residents. It is unlikely that your neighbor will be fined for this, but through the court you can get a small compensation for moral damage. But if smoke gets to you through the ventilation shaft, then the reason is most likely not in the neighbor, but in improper operation of the ventilation. In this case, you need to contact the management company to set up the ventilation system.

Cluttering of common areas

Sometimes neighbors perceive porches and other common spaces as their personal storage room. This approach not only creates inconvenience for residents, but also violates fire safety standards. Thus, according to clause 5.1.1 of SP 1.13130.2009, the width of passages through which people can evacuate must be at least 1.2 m. Violators of this rule face administrative liability in the form of a fine of 2,000 to 3,000 rubles.

The State Housing Inspectorate or fire supervision can check whether neighbors comply with fire safety requirements based on a complaint from residents.

Residential premises are not used for their intended purpose

In accordance with Art. 17 of the Housing Code of the Russian Federation, residential premises can be used for business activities if this does not violate the legitimate interests of other citizens. It is not allowed to locate production facilities, hotel businesses, or carry out missionary activities in residential premises.

Moreover, there cannot be a brothel or brothel in the apartment: this not only violates the rights of residents, attracting unwanted people into the house, but is also a criminal activity that must be reported to law enforcement agencies.

In addition, the tax office may be interested in illegal business activities.

But it will not be possible to punish owners who rent apartments by the day: according to current legislation, tenants themselves are responsible for their activities. Daily rentals are not considered a hotel business.

Pets

One dog or cat, if all the rules for caring for pets are followed, is unlikely to cause problems for any of the neighbors. However, some situations can lead to conflict:

• the animal is left alone for a long time and screams or howls for a long time;
• too many animals in one room, which causes unsanitary conditions;
• animals walk along the entrance;
• the dog is walking without a muzzle or is on a self-walk;
• The apartment houses an animal shelter.

All these signs indicate a violation of the rules for handling animals and can subject a neighbor to administrative liability in the form of a fine and even criminal liability for cruelty to animals. Rospotrebnadzor is the authority where you can complain about unsanitary conditions in your neighbors, and the police will deal with cruelty to animals.

If the actions of an animal cause damage to property or human health, the owner of the animal is obliged to compensate for it. In case of refusal of voluntary compensation for harm, you will have to go to court.

Neighbors upstairs flooded the apartment

At the first signs of flooding you should:

• take action to stop further flooding: turn off the water and inform neighbors above about the leak;
• call representatives of the management company and draw up a flood report. A big advantage when compensating for damage will be the signature of the act by the residents from the apartment above;
• take photos of the damage.

If there is evidence of flooding, you can demand compensation for property damage from your neighbor. If the neighbor does not admit his guilt and refuses to pay compensation voluntarily, you need to have the premises examined by a specialized organization that will assess the damage caused and go to court.

If the house has commercial premises

Often, shops, beauty salons and other organizations are located on the ground floors of residential buildings. In general, you can complain about violations on their part as if you were an ordinary neighbor.

It is better to start solving the problem with a written complaint addressed to the organization itself. Fines for organizations for the above violations are many times higher than fines for ordinary citizens, so the store management will not want to escalate the conflict to complaints to government agencies and will fulfill the demands of the residents specified in the complaint.

In case of systematic violations by users of commercial premises - noise, unsanitary conditions, etc., you can complain to Rospotrebnadzor.

Algorithm of actions

If a citizen's rights are violated, he can file a complaint against his neighbors.
To do this you need to follow the algorithm:

1. Contact a law enforcement officer and notify him of the problem.
2. If there was no response from the police officer, then file a written complaint. It is handed over to the local police department in person or by mail.
3. Wait for an official response from the police. It states what actions the employee took to solve the problem.

What is a district police officer obliged to do upon a citizen’s application?

First of all, in accordance with Order 1166 and the job description, the PMO must register the received message in a special journal. This rule also applies to oral appeals - they are also recorded in it.

Then the district police officer accepts the application for consideration, carries out work on it - requests the necessary documents, conducts inspections, etc. If we rely on the sample presented by us, the UUP is obliged to interview the neighbors and the owner of the residential premises, the applicant R.S. Pavlova. and request information from the Federal Migration Service on the registration of foreign citizens.

The entire check can take place within 3-10 days , in some cases the period can be extended to 1 month. Based on the results, the applicant is given a response.

Specifically, according to our example, when the district police officer detects the actions of violators of silence, he brings them to administrative responsibility and draws up a report on the implementation of preventive work. If illegal border crossing is confirmed, the material for initiating a criminal case under Art. 322 of the Criminal Code of the Russian Federation is transferred to the body of inquiry or investigation.

How to file a complaint with a local police officer?

Filing a complaint is possible both during a personal visit and by registered mail.
In the first case, two identical documents are prepared, one of which is marked with acceptance. The copy remains in the hands of the applicant. When sent by mail, confirmation is a receipt receipt.

➟ On noisy neighbors

Noisy neighbors cause a lot of inconvenience. They can behave defiantly and do not respond to the comments of others. The situation is aggravated by the consumption of alcoholic beverages and drugs.

When filing a complaint, you must provide the following information:

• address of the stronghold at the place of residence;
• surname, name, patronymic of the head of the department, rank;
• last name, first name, patronymic, residential address of the author of the application;
• Title of the document;
• the essence of the appeal, indicating specific violations of peace, evidence;
• requirements with references to regulatory legal acts;
• date and signature of the applicant.

Download a complaint to the local police officer about noisy neighbors (sample)

➟ On neighbors for insulting

In the process of discussing everyday issues, conflicts arise that turn into insults. If a person encounters this, he can file a complaint with the local police officer.

But before contacting you should:

• try to peacefully resolve the conflict, ask the offender to apologize;
• collect evidence confirming the fact of insult;
• provide the neighbor with evidence, as well as notify the intention to file a complaint;
• file a statement with the police.

The inspector who receives the complaint must conduct a conversation with the troublemaker. If such situations are repeated, the neighbor may be held administratively liable.

To increase the chances of getting a result, you need to attract witnesses. They will not only confirm the fact of the violation, but also provide official written evidence.

It notes the following information:

• address and number of the police station, details of the local police officer;
• last name, first name, patronymic of the applicant, residential address;
• Title of the document;
• circumstances of the incident (time, place, witness data);
• evidence attachments: audio, video recordings, explanatory witnesses;
• reference to the norms of the Code of Administrative Offenses of the Russian Federation;
• please take action;
• date, signature.

➟ On neighbors smoking in the entrance

It is difficult to prove the fact of smoking in the entrance. This is due to the fact that the smell can be felt on the landing, and it is not easy to catch the offender. To confirm the fact that a particular person smokes, you can use photos, videos taken yourself or from a CCTV camera. You can also attract witnesses who will confirm what happened.

The complaint must reflect:

• details of the local police officer, address and details of the police station;
• the applicant's address, last name, first name, patronymic;
• the address where the situation occurred;
• neighbor data;
• measures that were taken to resolve the problem (appeals, requests, posting notices about the ban on smoking);
• norms of law;
• demands to take action against the violator;
• date and signature.

Powers of the district police officer

Officially, the district police officer is called the district police commissioner, abbreviated as UUP.
Its powers are quite extensive and are regulated by the Federal Law of the Russian Federation “On the Police”, as well as by separate Orders of the Ministry of Internal Affairs: dated January 17, 2006 No. 19 “On the activities of internal affairs bodies in preventing crimes” and dated December 31, 2012 No. 1166 “Issues of organizing the activities of local police commissioners " The specific rights and responsibilities of the UUP are defined in the job description. Precinct officers are required to take part in maintaining law and order, they help detect a wanted criminal, take measures to solve crimes and offenses, and also carry out preventive work with persons prone to committing crimes. UUP are required to check compliance with the rules for storing weapons at the place of residence.

Each UUP is assigned an administrative site where it conducts its work. The boundaries of the precinct are determined by the leadership of the district police authority. Usually 2-3 district police officers work at one site, but there may be only one UUP.

Information about who exactly is the local police officer in a particular administrative area can be obtained on the official website of the regional Ministry of Internal Affairs or directly at the stronghold. The address of the support point (in fact, the UUP workplace is located there) can also be clarified at the Ministry of Internal Affairs, as well as the reception hours.

One of the activities of the district police officer is preventive (door-to-door) visits. In this way, a police representative gets acquainted with citizens who live on the territory of the administrative district, finds out from them whether there are complaints, grievances, etc.

Usually the district police officer knows the names of persons released from prison, as well as those sentenced to punishments not related to imprisonment. He also knows local alcoholics, rowdies and drunkards who constantly violate public order - these are frequent guests of KAZ - administrative detention cells.

When a policeman goes around residents for preventive purposes, he must be in uniform, must introduce himself and show his identification in expanded form .

A police officer can enter a residential premises against the will of the owner only in exceptional cases, if, for example, there is a threat to the life of a person or to prevent a serious crime.

What to do if your neighbors file a complaint against you?

There is also a possibility of the opposite situation occurring.
If neighbors have filed a complaint against a person, you need to talk to the local police officer. Further actions depend on whether there are grounds for concern. If a person has violated public order or disturbed neighbors, then it is better to try to resolve the conflict peacefully. In most cases, an apology and reconciliation are sufficient.

If the neighbors had no grounds for appeal, you can file a counter-application. It is necessary to protect your reputation and hold you accountable. Punishment is possible under Article 128.1 of the Criminal Code of the Russian Federation.

How can you tell if your neighbors are really noisy?

In order to hold neighbors accountable, it is necessary to determine that they are violating the permissible noise level. For this you can use:

1. Approximate guidelines. For example, normal human speech is 40 dB. And loud conversation is already 70.
2. Using the application - sound meter. Such applications can be found for smartphones based on IOS or Android. They can be installed on your phone and used for free. But they have no evidentiary value.
3. Special household noise meters. They can be ordered in online stores for a very reasonable price. But their result is also not evidence in court.
4. Volume measurements from specialized companies. In this case, the customer receives a report indicating the level of noise excess. This is an official document that will be accepted by the police and the court. But the cost of the procedure in 2022 is 10,000 rubles. – in the daytime and 15,000 rub. - at night.

Noise level

What to do and how to recover damages if the neighbors above flooded? Step-by-step instruction

Where should I go if my neighbors’ children are constantly crying, making noise, or running around?

Collective complaint to the police against neighbors

If one person cannot influence a neighbor, you can file a collective complaint.
It is more effective because it reflects the opinion of a group of people. The complaint must be made in writing. Its structure is similar to the above. But the signatures of all applicants must be affixed.

Attention! Evidence must be attached to the complaint. It would be better if each of those who signed up provided photos and videos.

It is not necessary for everyone to file a complaint together. One applicant is enough to represent the interests of the team. The request is registered and verified. A response will be given within 30 days.

Download a sample of a collective complaint against neighbors to the district police officer

Reasons and grounds for applying

Sometimes surprisingly versatile personalities coexist in the same house, for whom it is a priori difficult to get along side by side. But will different lifestyles be considered valid reasons for contacting a local police officer? Before you start writing a complaint, you need to make sure that an offense has been committed.

Let's look at the most common reasons for contacting:

1. Littering . This includes leaving garbage bags in the corridor that emit a foul odor, throwing candy wrappers and bottles.
2. Animals . For example, a lot of hungry and smelly cats living in one apartment, keeping dangerous species of insects or reptiles that every now and then try to sneak away to visit their neighbors, breeding home mini-farms (there are cases when the owner of an apartment raises chickens on the balcony), etc. . P.
3. Unauthorized redevelopment . It often happens that a person wants to modify his home, but he doesn’t want to get involved with the offices that coordinate his plans, and he does everything himself. Because of this, cracks appear in the ceilings and floors because a careless neighbor demolished a load-bearing wall, an unpleasant smell appears due to the movement of the bathroom and kitchen into the living rooms, there is a limitation in illumination due to an increase in the balcony or a decrease in space on the landing due to intentional enlarged vestibule in the apartment.
4. Frequent flooding . In the event of an accidental one-time flood, it is easy to reach an agreement with a neighbor if he apologizes and tries to make amends with minimal compensation or personal participation in solving the problem. But if the neighbors above you regularly flood, do not admit their guilt, or completely ignore your dissatisfaction, this is already a sign that it is time to file a complaint.
5. Smoking on staircase landings . Smoking in public places is prohibited by law, and stairwells are subject to these restrictions.
6. Volume . The most common reason for complaints. This includes not only loud music at one in the morning, but also stomping, repair work (the notorious drill), home karaoke, and intimate relationships. All this takes place within the time frame determined by law.
7. Noisy companies . Are your neighbors constantly visited by dubious individuals who drink alcohol, take drugs, or smoke in the hallway? Is there a continuous disco behind the wall from night until morning or constant fights? Or maybe after the visits of such guests, things disappear from the common apartment corridor (bicycle, scooter, etc.)? Your indignation will be well founded. You will need a sample application for an alcoholic and rowdy neighbor.

Actions of the district police officer after receiving a complaint

When receiving a statement from a neighbor, the police officer must:

• remind you of the responsibility for providing false information;
• register the complaint by marking the second copy;
• talk to the offender and warn him about the consequences of such behavior;
• prepare an official resolution to refuse to initiate proceedings (if the offender has promised to improve);
• send a copy to the applicant.

If the neighbor does not cooperate, then a protocol of administrative offense is drawn up based on the norms of the law.

Established noise standards

The Quiet Law, which was amended in 2022, prohibits exceeding certain noise thresholds at specified times.

These include:

• From 07:00 to 23:00 – no more than 40 decibels;
• From 23:00 to 07:00 – no more than 30 decibels.

The most important of the innovations is the appearance of a “quiet hour” from 13 to 15 hours on weekdays and a ban on repair work from 19 pm to 9 am on weekdays and a complete ban on weekends and holidays. If these established standards are violated, you can safely call the police or file a complaint with your local police officer. The violator faces a fine according to the Code of Administrative Offences.

Questions from our readers

What punishments do neighbors face?
If evidence of violations is discovered, the neighbor will have to pay a fine. The amount varies depending on the act committed. To clarify the size, you must refer to the norms of the Code of Administrative Offenses of the Russian Federation.

The place of residence of citizens also influences. Each region may have its own fines for noise and improper keeping of domestic animals (dog barking).

Where to send a complaint and deadlines for its consideration

After writing a statement, you must hand it over to the district police officer. The surest way would be a personal appeal. So you can convey your complaint orally or provide a paper prepared in advance. You can also consult on the spot on how to more concisely and competently describe the essence of the problem.

Sample application for noisy neighbors

You can send a complaint by registered mail with notification. When the police officer receives your paper from the post office, you will be issued a receipt confirming receipt of the letter.

Another way is to contact the local police officer via the Internet (www.mvd.rf). This option is suitable for those who cannot go in person to the local police department or post office due to health reasons, who doubt their safety, or simply do not have trusted persons.

There is some temptation to bypass the local police officer and seek help from more significant organizations, from which you will not achieve anything (in the matter of noisy neighbors). For example:

• the head of the police department will not consider your application for the reason that the district police officer is authorized to deal with such issues;
• The housing office or management company will not help with the question of how to take revenge on neighbors from above for trampling, but only if the living space is used for other purposes;
• the administration is not an executive body, but if the troublemaker is not the owner of the property, and the housing itself, accordingly, belongs to the municipality, then a sample complaint against neighbors to the administration will help you solve the problem;
• The epidemiological station considers problems only regarding their legality.

Note. As for the time frame for consideration of a complaint, the legislation establishes standards from 3 to 30 days, depending on the region. The deciding factor will be the workload of the official.

Underwater rocks

When filing a complaint, there are some things to consider:

1. You should not submit an application if you are not sure that the violation was committed by a specific person. Liability may arise under Article 307 of the Criminal Code of the Russian Federation.
2. The neighbor may file a counter-claim. Therefore, the reputation of the applicant must be impeccable.
3. It is important to select witnesses. It is better not to contact the offender’s family members, even if they are in conflict with him.
4. If there is no local police officer, you should not wait for him. The application can be registered by any employee.

Sample application for noise violation

Any citizen living in the Russian Federation who believes that his rights and freedom are being violated by third parties has the right to file a complaint against neighbors. You can take a ready-made sample statement against neighbors from the police or compose it from scratch, taking into account some of the requirements. You also have the opportunity to present your complaint orally, recording what was said by the district police officer himself.

Note. In the statement, indicate the essence of the complaint as clearly and in detail as possible. It would be useful if you indicate what measures, in your opinion, should be applied to violators.

A detailed description of the application, or how to complain about your neighbors to the district police officer:

1. A cap. In the upper right corner, the position, the name of the appeal authority, the surname, first name and patronymic of the district police officer, your surname, first name and patronymic, place of residence (actual) and contact telephone number are indicated.
2. According to, then a detailed description of the problem, time (for example, at night from 24:00 to 04:00), circumstances (for example, a drunken company was singing songs under the window), what penalties you think should be applied to to hooligans. The more clearly you talk about your problem, the more impact you will receive from the district police officer in working on your problem.
3. The new line starts with the date (on the left) and your signature with a transcript (on the right).

Reference. As a rule, anonymous complaints are not considered by local police officers, so do not take risks by remaining incognito (unless your neighbors have committed a crime).

We have looked at how to write a statement to a local police officer against neighbors (sample), so we move on to the next type of complaint.

Lawyer's answers to private questions

The neighbor listens to music during the day. In my apartment the windows are rattling and everything is shaking. How to influence this disgrace?

File a complaint with the local police officer. Although you can listen to music during the day, the volume level should not disturb your neighbors.

The neighbors turn on the washing machine every evening. I can hear the machine hum and beep at the end of the wash cycle at night. What should I do?

Try talking to your neighbors. If the conversation does not yield results, involve the local police officer.

The apartment above belongs to a child who is now in an orphanage. Now his brother lives there. He gathers companies, they flooded us repeatedly and every night there is music and noise.

In this situation, the tenant is not the owner or tenant. Contact the police and district administration to evict him.

Submission methods

First of all, the complaint can be sent via mail. In this case, it is recommended that the message be issued as a valuable letter; if you expect that you will even have to go to court in the future, then it is better to even draw up an inventory.

You can submit your appeal through the office or an authorized person of the authority where the complaint is filed. In this case, the recipient must mark receipt on the second copy of the document.

It is not recommended to send complaints via email, since not every authority will consider it necessary to consider it, and the sender will not actually have confirmation of sending the document.

Rights and obligations of the district police officer

A district police officer is a police officer who is responsible for maintaining order in his assigned area and protecting the people who live there.

They work with the younger generation, as well as with suspended sentenced citizens and persons under administrative supervision.

By order of the head of the Ministry of Internal Affairs, a certain area is assigned to the district police officer for a period of no less than one year.

The district police officer can:

1. Check citizens' documents if necessary.
2. Enter a residential premises if a crime is being committed there or criminals are hiding.
3. Use citizens' vehicles if:

• pursues the suspect;
• if it is necessary to urgently transport the victim to a medical facility.

The duties of a law enforcement officer include the following:

1. Records illegal actions using a protocol.
2. Receives statements about illegal acts and transfers them to the duty station.
3. Notifies citizens about the progress of consideration of appeals, within the framework of its permissible powers.
4. He arrives at the place where the offense was committed, after reporting it to the duty station, stops the crime, and ensures the safety of this place.
5. Finds out, within the scope of its competence, the circumstances of crimes.
6. Recruits freelancers.
7. Conducts preventative visits.
8. He deals with the resolution of all family and domestic conflicts, for example, scandals in the family, as well as between neighbors.
9. Ensures the protection of cleanliness and order in the territory of the house and the surrounding land, for example, throwing garbage into inappropriate places.
10. Involved to maintain public order in large gatherings of people.

When to contact the prosecutor's office

An appeal to the prosecutor's office is made in the case of more serious crimes. Examples of such actions could be:

• Theft of material assets.
• Making threats of harm to health or death.
• The neighbors' actions are frankly hooligan in nature.

If during the inspection the facts specified in the application are confirmed, then the prosecutor draws up an order according to which, no later than 30 days later, all identified comments must be completely eliminated. If the police refused to initiate criminal proceedings against the offender living in the house, then it is necessary to submit an application to the prosecutor's office.

What situations does it not resolve?

There are issues that this employee cannot resolve. This person, when considering the appeal, notices that the issue is not within his competence and notifies the citizen who wrote the complaint about this circumstance, referring him to a higher authority.

The district police officer does not resolve issues in criminal cases, for example, does not conduct a preliminary investigation. A law enforcement officer does not review the document if the appeal is appealing a court decision.

Going to court

If contacting the police and administrative liability does not help, you must go to court. The following claims options are provided:

1. Eviction from an apartment of citizens who occupy an apartment under a social tenancy agreement.
   As judicial practice shows, there is an opportunity to evict a noisy neighbor, but it is very elusive. When evicting a neighbor living under a social rental agreement, you must write a complaint to the district administration, which provided him with an apartment under the agreement. But the fact that a citizen violates the rights of neighbors with noise is not enough. It is necessary that he lead an immoral lifestyle and not pay for utilities. Taken together, such violations will be sufficient for eviction. Only the district administration can initiate the process.
2. Eviction from the owner's apartment.
   When an owner evicts, the situation is even more complicated. The law provides for a procedure: it is necessary to go to court, which can evict the owner and put the apartment up for auction. The proceeds from the sale are transferred to the owner, excluding the costs of conducting the auction. In judicial practice, there are isolated cases where noisy neighbor-owners were evicted. But this is possible not based on the complaint of one neighbor, but based on a collective complaint from all residents of the entrance presented to the district administration. In this case, the head of the administration must act as a plaintiff in court.
3. Recovery of compensation for moral damage. In Russian judicial practice there are no cases of recovery of a significant amount of moral damage. Therefore, most claims against noisy neighbors remain unsatisfied even with a significant evidence base. Usually the court sets compensation for moral damage in the amount of 500 rubles. up to 3,000 rub.

Sample statement of claim

Sample claim