Conflicts between housemates are constant and are one of the most common cases of turning to law enforcement agencies or the court. Even a minor domestic quarrel can pose a serious problem if a neighbor begins to insult you with obscene language or even threaten physical harm.
What to do in such a situation and where to go to avoid serious consequences? The answer to these questions can be found in the presented material.
Corpus delicti
Not every threat from a neighbor who is angry with you constitutes a criminal offense. Article 119 of the Criminal Code of the Russian Federation provides for liability only if you are threatened with death or serious harm to health. It should be clear from the threat that it is not fictitious, but real and can be carried out in the very near future.
About the reality of the threat he says:
- attempt to attack, break into an apartment during threats;
- demonstration of weapons or gestures characteristic of striking;
- stalking the victim;
- inadequate mental state of the neighbor;
- aggressive behavior caused by alcohol or drug intoxication.
For example, if you are doing renovations and a conflict arises due to noise, then you may be threatened with breaking windows or playing music in your apartment louder than your hammer drill. Such threats do not constitute a criminal offense.
But if a neighbor tells you that he will kill you or your loved ones and shows a gun or knife, then you can call the police. The reality of the threat of physical violence is also evidenced by an attempt to knock down a door or climb through a window, chasing you up the stairs or throwing stones at you, not to mention the demonstration of bladed weapons or firearms.
Important! The threat does not have to be made verbally. These can be written threats, as well as messages via SMS, email, calls (anonymous and personal) to the phone.
Read about what to do if someone calls you and threatens you over the phone here, and from this article you will learn what to do if you are being intimidated on social media. networks and on other Internet sites, as well as under what articles you can sue the offender.
Evidence base
Simply writing a statement is not enough, since the person has the obligation to prove that an unlawful attack has been committed against him.
For this purpose the following can be used:
- recordings of a conversation with a neighbor made using a telephone or voice recorder. If a citizen did not have time to record the dialogue the first time, you can try to bring the offender to a second conversation;
- messages sent by a neighbor to a phone, social network or email. In this case, the screenshots will need to be certified by a notary office;
- testimony given by persons who directly heard the fact that threats were made. Sometimes their presence is required when considering an application in court;
- a clipping from a newspaper or a recording of a TV program when the media is used for insult.
If you don't collect enough evidence, you won't be able to win your case.
How to act and where to turn in the event of threats?
If, despite all your admonitions, a neighbor threatens to kill or beat you, then you need to write a statement to the police and describe the situation.
In this case, the police officer will visit the neighbor and conduct a preventive conversation. To protect yourself from your neighbors, you need to go through the following steps. You can find out more about what to do if you are threatened with physical harm here.
Pre-trial settlement
Not everyone knows that verbal threats are a criminal offense. If your neighbor behaves inappropriately, inform him that he is breaking the law and may be held accountable.
Warn him that if the threats do not stop, you will be forced to contact the police. Record conversations on your smartphone's video camera and calls on a voice recorder. If threats are made in writing, you can send a letter in response, in which you warn of your intention to contact the police.
Call the helpline
For psychological help you can contact:
- to the all-Russian helpline by phone: 8 499 791-20-50;
- or to the trust service of the Main Directorate of the Ministry of Internal Affairs of Russia in Moscow.
Firstly, it will help you get rid of psychological pressure and concentrate on defense. Secondly, recording the call may be useful in the future.
Collection of evidence
In order for the statement not to look unfounded, it is advisable to take care of collecting evidence . It could be:
- Video recording of the threats themselves, attacks by a neighbor.
- Photos of the broken door or other damage he caused.
- Testimony from other neighbors who were present during the threats will also help.
- If there are no witnesses, then it is advisable to stock up on audio evidence, for example, record threatening calls or, if they were stated in writing, in letters or graffiti.
Attention! If, as a result of the threats, the victim’s health has worsened, insomnia and depression have appeared, then it is advisable to obtain a doctor’s certificate that will confirm such symptoms.
Contacting the police or prosecutor's office
If all else fails, then you need to write a statement to law enforcement agencies.
- The statement outlines the essence of the appeal (threats received from a neighbor), and also provides contacts and information about the person who made the threat.
- List all the evidence you have and describe the harm that was caused to you by the actions of your neighbor (for example, fear, fear for your life, the need to hire security, etc.).
- Indicate your neighbor's full name and address to make it easier for the police to find him.
When submitting an application to the local police department or prosecutor's office, you must have a passport to identify you.
Legal settlement
A personal appeal to the court by a victim of threats is possible only if damage has been caused or when neighbors insult you and you have evidence of this (recording of obscene language addressed to you, etc.). The civil claim states:
- its price (amount of damage);
- evidence of the neighbor's guilt;
- information about pre-trial settlement of the dispute;
- as well as your requirements.
The document is drawn up in simple written form , and the state duty when filing a claim is 300 rubles.
The case must be initiated in the district court, which has jurisdiction over such cases (Article 23 of the Code of Civil Procedure of the Russian Federation). If a criminal case has been initiated under Art. 119 of the Criminal Code of the Russian Federation (threat of murder), then it is transferred to the court after the indictment is approved. After filing a statement with the police or prosecutor's office, you may be called a couple more times to testify, but this is where your participation in the process ends.
The police will question the neighbor and carry out other investigative actions (record the destruction (if any), etc.). The victim is notified of the date of the court hearing by summons. The trial in court can last more than one month. Please note that your neighbor may well hire a good lawyer who can get him quickly released.
Important! The threat of murder or harm is one of the most difficult crimes to prove.
The testimony of witnesses may not be taken into account if these are your friends or relatives, and it is not always possible to record an immediate threat on the phone. You should only contact the police if you have collected evidence of your neighbor’s guilt. Otherwise, the conflict should be resolved in a different way.
Collection of evidence
The neighbor continues to threaten violence, what should I do? If peace negotiations and warnings have no effect, you will have to contact the local police officer. But you cannot come and complain about your neighbor without evidence. We need strong evidence of the conflict and threats from it. The application must be supported by evidence: video recordings, photographs, audio materials and threatening letters. If there are witnesses, it is imperative that you include their testimony. If there are beatings or deterioration in health, you must attach a certificate from a medical institution.
Penalties or what punishment is provided?
Criminal liability for threats occurs only in the case of direct intent, that is, a real intention to commit murder or cause injury. Only a legally competent citizen over the age of 16 can be arrested. The violator faces:
- compulsory work for up to 480 hours;
- restriction of freedom or forced labor or imprisonment for up to 2 years or arrest for up to six months.
Qualifying criteria include committing a crime out of hatred towards representatives of other races or religions. It is punishable by forced labor for up to five years with deprivation of the right to hold certain positions for up to three years.
What does the law say?
First of all, the right to silence for a citizen of the Russian Federation is determined by Federal Law No. 52 of March 30, 1999 “On the sanitary and epidemiological welfare of the population.”
Since, in general, there is no single law in the country that clearly stipulates this problem, many regions adopt their own regulations on this topic. Thus, on the territory of Moscow, Law No. 42 of December 14, 2002 “On maintaining the peace of citizens and silence in the city of Moscow” (hours of silence) is in force.
In addition, the necessary information can be gleaned from:
- Government Decree No. 25 of January 21, 2006 “On approval of the Rules for the use of residential premises.”
- SanPiNa No. 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises.”
What to do if property is damaged?
If, in addition to threats, you suffered material damage, for example, your car was painted or a door was set on fire, then you have the right to seek protection of your rights in the district court. To do this, it will be necessary to draw up a claim for recovery of property damage and file it at the defendant’s place of residence.
For the trial you will need:
- statement of claim;
- act of the management company on inspection of the apartment (if damage was caused);
- photographs, video recording of damage;
- receipt of payment of state duty;
- damage assessment (for example, receipts for the purchase of a new door or windows);
- an assessment report from an independent expert (for example, if the damage is large - from arson in an apartment, etc.);
- other evidence of the neighbors' guilt.
In court, demand compensation for the damage suffered in full. Sometimes money is the only way to influence the behavior of your neighbors. The claim should include photo and video evidence of damage, witness statements, and your statements to the police (if they have already been made).
You can also go to court if the threats were associated with real violations of your legal rights: for example, neighbors seized a garage that belongs to you or a garden plot. The court will consider the negative claim and if the decision is in your favor, then at the slightest attempt to seize you, you can contact the police, citing the won case.
What kind of noise is unacceptable after 22-23 hours?
During weekdays
At night on weekdays it is prohibited:
- use sound-reproducing and sound-amplifying devices;
- listen to music and TV loudly;
- play musical instruments;
- shout, whistle, sing, talk loudly;
- move furniture and other objects;
- carry out repair work;
- launch pyrotechnics;
- do not suppress the noise of pets;
- Do not follow the car alarm.
Important! In Moscow, any noisy activities that could interfere with the rest of citizens are prohibited.
On weekends
At night on weekends the same rules apply as on weekdays.
In some regions, “night time” on weekends begins a little earlier, for example, in the Moscow region at ten in the evening, on weekdays at eleven.
In addition, on official holidays, you can make noise until twelve o’clock at night, and on New Year’s until four o’clock in the morning.
How to resolve the issue if it is impossible to prosecute for threats?
If you can’t collect evidence of threats, and you can no longer endure such an attitude from your neighbor, then lawyers advise inviting the quarrelsome tenant to a meeting and recording the conversation on a hidden camera. If the threats are repeated, you will have something to show to the police; if not, then try to reach a compromise.
You can honestly show the recording to your neighbor and describe the consequences of contacting the police (conviction, arrest or forced labor, etc.). Sometimes such conversations are very enlightening to people who are new to criminal law. You can influence your neighbor by talking with his relatives and explaining that you do not intend to tolerate such treatment and are ready to meet with the police.
Pre-trial settlement
Any conflict can be resolved through negotiations. Even if you initially failed to find a common language, you can try at least one more time. By the next meeting, emotions will subside, perhaps the person will be inclined to talk and find a compromise.
If the neighbor does not react in any way to the peace proposals, and the threats continue, you need to warn him of your intention to contact the police. It is better to record the conversation on a voice recorder. After which you can demonstrate the resulting recording. Sometimes this gives results: the person, frightened, stops pursuing the victim.
If written requests are received from a neighbor, then it is more advisable to respond to him with a letter indicating the intention to involve law enforcement agencies.
What to do if the neighbors are constantly making noise until 23:00?
Daytime noise is limited to fifty-five decibels. Therefore, in this case, the entire procedure remains unchanged.
Repair work deserves a special discussion, since, after all, it is a valid reason, but it is very tiring. Here you should know some nuances:
- Work cannot last more than six hours a day, and three months in total. The exception is new buildings, where renovations can take place within a year and a half after the house is delivered.
- In some regions, there is a “quiet hour” at lunchtime, for example, from one to three.
- Work cannot be carried out on weekends and holidays.
- Redevelopment of premises is possible only with permission from the relevant executive body (for example, the Committee of Architecture and Urban Planning under the Administration of a city or district), and must be carried out according to the schedule issued by it. Such work can last no more than four months.
Violation of the silence regime
Subjects of the Federation are empowered to independently regulate the hours during which noise can/is prohibited in an apartment building. The distribution is based on the following types of noise:
- construction works;
- listening to music;
- screams.
On average, people should stop making any noise from 23.00 hours (in some areas from 21.00 hours). Additionally, it is allowed to start making noise from 7 am. The exception is weekends and holidays, when the right to carry out construction work, as well as increased noise, is limited.
The unit used as a basis is decibels, which allow you to measure noise of any kind.
Legal dirty tricks if a neighbor violates the silence regime:
- "Pay your bills." Every month, payment documents are sent to the postal address of each apartment owner, which indicates the amount to be paid for housing and communal services. You can make the same payment slip, but indicating amounts that are several times higher than the actual payment. What will the neighbor do? He will go to the housing and communal services department, where they will popularly tell him that he has become a victim of divorce.
