Law on the inviolability of the home. Article 139 of the Criminal Code of the Russian Federation. Violation of the inviolability of the home. Article 25 of the Constitution of the Russian Federation

Criminal Code of the Russian Federation in the latest edition:

Article 139 of the Criminal Code of the Russian Federation. Violation of the inviolability of the home

1. Illegal entry into a home, committed against the will of the person living in it, -

shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to three months.

2. The same act, committed with the use of violence or with the threat of its use, -

shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by correctional labor for a term of up to two years, or by forced labor for a term of up to two years, or by imprisonment for the same term.

3. Acts provided for in parts one or two of this article, committed by a person using his official position, -

shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by deprivation of the right to hold certain positions or engage in certain activities for a period of two to five years, or by forced labor. for a term of up to three years, or arrest for a term of up to four months, or imprisonment for a term of up to three years.

Note. Housing in this article, as well as in other articles of this Code, means an individual residential building with its residential and non-residential premises, residential premises, regardless of the form of ownership, included in the housing stock and suitable for permanent or temporary residence, as well as other premises or buildings that are not part of the housing stock, but are intended for temporary residence.

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History of immunity

The first ideas about prohibiting interference in personal life arose during the bourgeois revolution in Europe. Officially, such a right was enshrined in the laws of France; later, such a concept became international and was adopted in the USSR (“by inheritance” passing to Russia). An interesting fact is that in the United States there is virtually no such thing as privacy or personal property. Of course, something similar still exists, but it comes not from current legislation, but from judicial precedents. Every year these rights are gradually modernized to better suit changes in the world. In many countries around the world, home privacy laws, if they exist at all, play virtually no role. Government agencies, if necessary, can ignore this right, which is quite logical, especially when searching for dangerous criminals.

Concept

Art. 25 of the Constitution of the Russian Federation “On the inviolability of the home” does not provide a clear definition of what is meant by such premises. However, such data is indicated in Federal Law No. 26. Thus, housing means a private house, with all the residential and non-residential premises included therein. Apartments also belong to this definition, in fact, like any other building in which you can live at least temporarily. Thus, the right to inviolability of the home applies to almost any premises. Exceptions may include non-residential buildings, but even then only in some cases.

It should be remembered that no place of residence, even intended for this purpose, but having the function of movement, receives protection from this law. For example, you can be held accountable for breaking into a private house or apartment, but not into a train compartment, a ship's cabin, a motor home, and so on. They all relate to vehicles and the rules there are regulated completely differently.

Violation of the inviolability of the home (Article 139)

The Constitution of the Russian Federation (Article 25) determines that housing is inviolable. No one has the right to enter a home against the will of the persons living there, except in cases established by federal law, or on the basis of a court decision made in accordance with it.

Object of the crime:

  • generic – social relations in the field of personal protection;
  • specific - social relations in the sphere of protection of constitutional rights and freedoms of man and citizen;
  • direct - guaranteed art. 25 of the Constitution of the Russian Federation, the human right to the inviolability of home; social relations arising in connection with the implementation of this constitutional right;
  • direct additional - social relations ensuring the safety of life and health of the victim (in qualified crimes - part 2 of article 139 of the Criminal Code of the Russian Federation).

The subject of the crime is housing, which is understood as an individual residential building with residential and non-residential premises included in it, residential premises, regardless of the form of ownership, included in the housing stock and suitable for permanent or temporary residence, as well as other premises or buildings not included in the residential premises fund, but intended for temporary residence. Dwellings do not include outbuildings, cellars, barns, garages and other premises separated from residential buildings and not used for human habitation. A train compartment or a ship's cabin cannot be classified as a dwelling, even a temporary one, since a train and a ship are vehicles.

Victim : as persons entitled to use or ownership of the occupied residential premises as a place of residence or place of stay, which is confirmed by title documents (lease, lease, sublease, sublease, warrant, certificate of ownership, etc.) or officials, as well as title holders, and persons moved into residential premises (including temporarily) at the will of those living in it on a legal basis. All of these persons can be considered victims of this crime. These should also include persons who were legally in the home and to whom violence or the threat of violence was used when entering the home.

The objective side is characterized by an active form of behavior in the form of illegal entry into a home against the will of the person living in it.

The method of entry into the home does not matter to qualify the main elements of the crime in question. It can be open or secret, committed in the presence of persons living there or other people in the home, or in their absence, and include both direct entry of a person into the home and control of the home from the inside using special technical means.

At the same time, the use of deception and abuse of trust to enter a home does not form the crime under consideration, since in these cases a person enters a home at the will of the person living in it, although he was misled regarding certain circumstances.

The subjective side is characterized by guilt in the form of direct intent. The perpetrator realizes that he is illegally entering a home without the consent of the persons living there, and wants to commit this entry. In a qualified personnel, in addition, the person is aware that his entry is associated with the use of violence or the threat of its use, or that illegal entry into the home is carried out using his official position, and wants to carry out these actions.

The general subject of the crime is a sane individual who has reached the age of 16, and the special subject of the crime provided for in Part 3 of this article is a person who uses his official position to enter a home.

The corpus delicti is formal, the crime is completed from the moment of penetration into the home.

The qualified elements of the crime in question (Part 2 of Article 139 of the Criminal Code of the Russian Federation) provide as its mandatory feature a method of illegal entry into a home - the use of violence or the threat of its use.

Particularly qualified offense - committed by a person using his official position.

Violence is understood as physical influence on the victim, expressed in the suppression and elimination of his resistance, striking, beating, and deliberately causing minor harm to health.

The threat of violence is understood as a mental impact on the victim, expressed in a demonstration of readiness to inflict blows, beatings, or intentionally cause harm to health.

Causing serious or moderate harm to the health of the victim when entering a residential premises is classified as a combination of crimes with crimes against health (Article 111 or 112 of the Criminal Code of the Russian Federation). Threat of murder or causing grievous harm to health (Article 119 of the Criminal Code of the Russian Federation), i.e. e. the threat of violence is covered by the crime under consideration and does not require additional qualifications.

Legal violation of the inviolability of the home

Violation of the inviolability of a home, although against the will of the person living in it, but based on the provisions of the Law “On the Police”, the norms of the Code of Criminal Procedure of the Russian Federation, the Federal Law “On Operational-Investigative Activities”, etc. does not form the crime under consideration. Thus, the use of the right to unhindered entry into it and its inspection when pursuing persons suspected of committing crimes, or if there are sufficient grounds to believe that a crime has been committed or is being committed, or an accident has occurred, does not constitute a violation of the inviolability of a home.

It is not a violation of the inviolability of a home to carry out operational search activities involving entry into it with the consent of at least one of the persons living in it or in their absence, but with the permission and in the presence of the administration of a hotel, sanatorium, holiday home, boarding house, camping, tourist base, other similar institution, if such activities are not related to the search, inspection of things, property belonging to persons permanently or temporarily residing in them, and provided that entry into the premises in their absence by representatives of the administration is provided for by the rules of stay (residence, internal regulations ) or the terms of the contract (cleaning the premises, repairing plumbing equipment, etc.).

If penetration into a home is a method of committing another crime and is its qualifying feature, for example, theft, robbery, robbery (Articles 158, 161, 162 of the Criminal Code of the Russian Federation), then such an act does not form a set of elements of a crime and additional qualifications under Art. 139 of the Criminal Code of the Russian Federation does not require it.

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What is home inviolability

The definition is quite simple. The law on the inviolability of the home implies the fact that no one has the right to enter the premises in any way unless there is permission from its owner or another person who has the right to live in it. Only in some cases can an exception be triggered if this is provided for by court decisions or certain provisions of federal laws. However, even such situations must be strictly regulated and documented within a specified time frame (they may change depending on the conditions that arise).

What to do in case of lawlessness?

In case of such violations, a citizen has the right to report it to law enforcement agencies. At the same time, he has the opportunity to claim compensation for the damage incurred. When filling out an application form to the police, you must indicate your full name, postal or email address and the nature of the appeal.

If at least one of the required details is missing in the application, it may be left without response.

Submission of an application is accompanied by the subsequent issuance of a document containing the date of submission of the application, the number of the police duty station, rank, position and full name of the officer who accepted the application. The document must also indicate the period within which the decision will be made. The law stipulates that this period should not exceed 10 days.

Illegal entry and security threat

If an attacker illegally enters someone else’s home against the will of the people living there or refuses to leave the premises at the request of the owners who previously invited him to this home, the latter have the right to the necessary self-defense. At the same time, they can cause harm to the attacker, which is all the more justified the more aggressively the violator of the inviolability of the home behaves and the greater the danger he creates for the life and health of the owners.

The proportionality of causing harm to the offender to his actions is regulated by Art. 38 of the Criminal Code of the Russian Federation. The state of necessary defense must cease if the intruder has already left the premises or is unable to leave it due to his helpless state.

The inviolability of the home, enshrined in the Constitution of the country, is strictly protected by law. An infringement on the freedom and privacy of a person, which ultimately amounts to a violation of the inviolability of the home, is an act punishable by law. This is the guarantee of human civil rights by the state.

Punishment for violation

The right to inviolability of home also implies possible types of fines or other forms of penalties. If the entry occurred without the permission of the tenant/owner, without special aggravating conditions, then the punishment can be implemented both in monetary terms and in the form of forced labor or even arrest. Thus, a person who violates the inviolability of a home, for which another person is responsible, is obliged to pay an amount of up to 40,000 rubles. If the salary does not allow making such payments, then the total amount of payments may amount to payment for 3 months of the attacker’s work. Alternatively, punishment may be applied in the form of compulsory labor for 15 days, arrest for 3 months, or correctional labor for up to 1 year. But that's not all.

If the penetration occurred using threats or even violence, the fine increases significantly, up to 200,000 rubles (or payment for work for a period of 18 months). There is also an alternative - correctional or forced labor for 2 years, and another option is arrest for the same period.

Another comment on Art. 139 of the Criminal Code of the Russian Federation

1. The objective side of the crime is characterized by illegal entry into a home, committed against the will of the person living in the latter, i.e. committed in violation of the order established by law by physical (personal) or technical (using special technical means intended for secretly obtaining information) intrusion into a home, either with open disregard for the will of the person living in it, or fraudulently or secretly. The concept of “dwelling” is explained in the notes to the article.

2. Theft, robbery or robbery committed with illegal entry into a home (clause "a" part 3 of article 158, clause "c" part 2 of article 161, part 3 of article 162 of the Criminal Code of the Russian Federation) are qualified under the relevant articles of Ch. 21 of the Criminal Code of the Russian Federation and qualifications in conjunction with Art. 139 of the Criminal Code of the Russian Federation is not required. However, illegal entry into a home associated with the commission of other crimes (for example, murder, rape) is classified together with such crimes.

3. The crime is considered completed from the moment of gaining access or actual access to the premises, regardless of the duration of such access.

4. The qualified corpus delicti (Part 2) provides for liability for committing an act with the use of violence or the threat of its use. The commented article covers the threat of violence of any degree of severity, as well as violence consisting of beatings or resulting in the intentional infliction of minor harm to health.

Possible exceptions to the general rule

Article 139 of the Criminal Code of the Russian Federation does not cover issues regarding the conditions under which penetration can still occur. But Art. already speaks about this. 25 of the Constitution of the Russian Federation. There is a clear reference to the Law “On Police”, implying the possibility of entry of law enforcement officers in the following situations:

  • If necessary, establish the circumstances of the accident.
  • When it is necessary to stop a crime in progress.
  • In the event that there is a need to detain persons potentially guilty of crimes.
  • To ensure an adequate level of safety for any citizens, public, in case of emergency or riots.

Every time there is a need to take advantage of the above opportunities, the owner and/or residents of the premises where the penetration occurred must be notified no later than 24 hours. Of course, provided that they were not there at that moment. In any case, it is important to have a special court decision, without which the police officer has no right to carry out such actions. The only option when even this is not required is to make a decision if necessary and correct the situation right now. In this case, the court must be notified no later than 24 hours from the moment of the incident. For example, a police officer sees a potential suicide.

If he has such an opportunity, then he has the right to enter his home and prevent a suicide attempt. Also, if a group of criminals, pursued by law enforcement agencies, seizes a residential premises, the police have every right to immediately begin the assault, without waiting for the permission of the owners or a court decision. Of course, if such urgency is really advisable.

Comments on Article 139 of the Criminal Code of the Russian Federation

The Constitution (Article 25) determines that the home is inviolable. No one has the right to enter a home against the will of the persons living there, except in cases established by federal law, or on the basis of a court decision made in accordance with it.

Object of crime . The main object of the crime is established by Art. 25 of the Constitution of the Russian Federation, the right to inviolability of home.

An additional object of the crime provided for in Part 2 of Art. 139 of the Criminal Code of the Russian Federation may include health, integrity, freedom, and personal security.

An additional object of the crime provided for in Part 3 of Art. 139 of the Criminal Code of the Russian Federation is the activity of state authorities, local governments, regulated by law, as well as the interests of the public service, service in a commercial enterprise, institution, organization.

The subject of the crime is the home.

What do you mean by housing?

Housing means an individual residential building with residential and non-residential premises included in it, residential premises, regardless of the form of ownership, included in the housing stock and suitable for permanent or temporary residence, as well as other premises or buildings not included in the housing stock, but intended for temporary residence.

This can be an individual house, apartment, room in a hotel or hostel, dacha, garden house, prefabricated house, change house or other temporary structure, specially adapted and used as housing during the construction of railways, power lines and other structures in survey parties, for hunting, etc.

In paragraph 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 25, 2018 N 46 “On some issues of judicial practice in cases of crimes against the constitutional rights and freedoms of man and citizen (Articles 137, 138, 138.1, 139, 144.1, 145, 145.1 of the Criminal Code Russian Federation)” further clarified that, in accordance with the provisions of Article 139 of the Criminal Code of the Russian Federation, criminal liability under this article entails illegal entry:

  • in an individual residential building with its residential and non-residential premises (for example, a veranda, attic, built-in garage);
  • to residential premises, regardless of the form of ownership, included in the housing stock and suitable for permanent or temporary residence (apartment, room, office premises, residential premises in a dormitory, etc.);
  • to another premises or building not included in the housing stock, but intended for temporary residence (apartments, garden house, etc.).

What objects do not belong to housing?

Dwellings do not include outbuildings, cellars, barns, garages and other premises separated from residential buildings and not used for human habitation. A train compartment or a ship's cabin cannot be classified as a dwelling, even a temporary one, since the train and the ship are vehicles.

Clause 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 25, 2018 N 46 states that illegal entry, in particular, into premises, buildings, structurally separate from an individual residential building (barn, bathhouse, garage) cannot be qualified under Article 139 of the Criminal Code of the Russian Federation etc.), if they were not specially adapted or equipped for living; to premises intended only for temporary stay, and not for living in them (train compartment, ship cabin, etc.).

Housing rights

The fundamental right to the inviolability of the home is possessed by persons entitled to the right of use or ownership of the occupied residential premises as a place of residence or place of stay, which is confirmed by title documents (lease agreements, rental agreements, sublease, sublease, warrant, certificate of ownership, etc.). etc.) or officials, as well as title holders, as well as persons moved into residential premises (including temporarily) at the will of those living in it on a legal basis. All of these persons can be considered victims of this crime. These should also include persons who were legally in the home and to whom violence or the threat of violence was used when entering the home.

The objective side of the crime is expressed in the action - illegal (contrary to current legislation) entry into a home against the will of the person living in it. Infiltration is a covert or overt invasion. It can be accomplished either with or without overcoming obstacles or people’s resistance. A mandatory sign is the place where the crime was committed , which is the home.

The method of entry into the home does not matter to qualify the main elements of the crime in question. Secret or open entry can be carried out in the presence of persons or other people living there in the home, or in their absence, including both direct entry of a person into the home and control of the home from the inside using special technical means, as indicated by the RF Armed Forces in paragraph 12 Resolution No. 46:

“Within the meaning of Article 139 of the Criminal Code of the Russian Federation, illegal entry into a home can take place without entering it, but with the use of technical or other means, when such means are used to violate the inviolability of the home (for example, to illegally install a listening device or video surveillance device)” .

Using deception to enter a home . Paragraph 13 of Resolution No. 46 states the following: “Taking into account the fact that criminal liability for violation of the inviolability of the home occurs in the case when the perpetrator illegally enters the home, realizing that he is acting against the will of the person living in it, penetration into the home committed by deception or abuse of trust, is qualified under Article 139 of the Criminal Code of the Russian Federation.

The actions of a person who is in a dwelling with the consent of the person living in it, but who refuses to comply with the requirement to leave it, do not constitute this crime.”

The corpus delicti is formal. The crime is over from the moment of penetration into the home.

Service status and punishment

If a police officer nevertheless used his status and illegally entered the premises, he will also be fined. The law on the inviolability of the home implies punishment in the form of an amount of up to 300,000 rubles (or wages for 2 years). As in all other cases, there are alternative measures:

  • Imprisonment for 3 years.
  • Arrest for 4 months.
  • Forced labor for 3 years.
  • Prohibition to hold office for up to 5 years.

Thus, even police officers cannot take advantage of their official position, and if they decide to do so, the punishment will be quite significant.

Subject

According to the existing principle of inviolability of the home, any individual is considered a violator, provided that he is sane and has reached the age of 16 years. It must be well aware of the essence of the actions being taken, as well as the fact that they are illegal and may ultimately lead to punishment. This is especially applicable to situations involving violence or the threat of its use, not to mention the use of official position.

In the event that the culprit really turns out to be an inadequate person who is simply unable to take responsibility for his actions and at the same time absolutely does not understand the essence of the problem, leniency may be shown to him. The fine will be reduced, as will the alternative sentences. Some criminals try to take advantage of this feature and pretend to be inadequate, but medicine is quite capable of giving a truly correct diagnosis. So even if a really sick citizen, not understanding what exactly he is doing, does work for the benefit of a criminal group, they will still receive the full punishment. But their “tool” will most likely get off with a light fine.

Composition of the crime and criminal legal characteristics

The main object of this criminal attack is the constitutional right of a citizen to the inviolability of his home. Accordingly, the objective side of this criminal act is manifested in unauthorized entry into housing, committed against the will of the people living in it.

The subject of this criminal act is a sane individual who is 16 years old at the time of its commission. In Part 3 of Art. 139 of the Criminal Code of the Russian Federation refers to a special subject who uses his official position for unauthorized intrusion into a home. The subjective side of the crime under discussion includes guilt, manifested in the form of direct intent.

Victim

The right to inviolability of home, which is defined by Article 139 of the Criminal Code of the Russian Federation, implies the presence of an injured party. This is the victim. He is characterized as a person who has received the right to use (or own) the premises. This does not have to be the owner, because the same applies to renting citizens, regardless of which document gives such a right. In addition, by default, the injured party is considered to be absolutely everyone who was present at the time of penetration, people both permanently living there and those who got there with the permission or knowledge of the owners/tenants, provided that the attackers used threats or violence.

Illegal entry into a home, committed by a person using his official position

Committing acts provided for in Parts 1 and 2 of Art. 139 of the Criminal Code of the Russian Federation, a person using his official position to commit them is a particularly qualifying circumstance (according to Part 3 of Article 139 of the Criminal Code of the Russian Federation).

In this case, we are talking about a special subject of the crime (officials and other employees who use their official powers to violate the law).

Official position is considered as a circumstance that determines the method of committing a crime, thanks to which a person has access to housing or the opportunity to obtain it. It will be illegal to use your official position when entering a home when the use of access to the premises goes beyond the scope of official authority and is not included in the scope of official duties.

It is important that the culprit realizes that he is illegally entering a home against the will of the people living in it, using his official position, which practically does not give him the right to commit this act.

An illegal use of official position when entering a home by a person exercising his powers will also be when these actions are carried out in violation of the established procedure (for example, the Code of Criminal Procedure of the Russian Federation, the Federal Law of August 12, 1995 “On Operational-Investigative Activities”).

Penetration method

Everyone has the right to privacy - the inviolability of their home. And it doesn’t matter how it was broken, how the criminal got inside. This can be as simple as entering through a door with threats or violence, or secretly entering through a window or any other openings. The concept of inviolability of the home covers the entire range of possible actions of intruders, based not on the method, but on the actual result, based on which punishment will be applied.

Thus, a criminal can enter an apartment through a door, break down a wall or break a window, but in all cases this will be classified as trespassing. The law does not specifically indicate all options for possible entry into the premises, since it is impossible to take into account absolutely everything. And it's not necessary.

Violence or threats

A criminal will receive the maximum sentence or maximum fine if he not only deliberately tries to enter the premises, but does so by intimidating or causing bodily harm to the occupants. The principle of inviolability of the home directly links the scale of damage caused and responsibility for it. Thus, violence is qualified as direct influence on the victim, striking or other types of damage. Threats, in turn, are intimidation of the victim. They can be expressed either verbally or simply as swings that can make it clear that an injury is about to occur. It should be remembered that in addition to liability for breaking into a home, the person who caused the injury also violates Art. 111, 112 and 119 of the Criminal Code of the Russian Federation, thereby only worsening their situation.

When can an article of the Criminal Code of the Russian Federation be violated?

In Part 1 of Art. 139 of the Criminal Code of the Russian Federation, the crime under discussion is characterized as a dangerous intentional act , aimed at unauthorized entry into housing against the will of the citizens living in it.

Its social danger lies in an attack on the private rights and freedoms of a person, in the process of which damage to the physical health of a citizen and his physical freedom may be caused. This crime undermines a person’s constitutional right to the inviolability of his home.

In the total mass of registered offenses and their punishability in the Russian Federation, the crime under discussion takes up 0.13% and 0.82%, respectively.

Conclusion

Based on everything said above, certain conclusions can be drawn. And the first of them is that the constitutional right to inviolability of home in our country is thought out quite well. On the one hand, ordinary citizens are protected both from criminals and the arbitrariness of law enforcement agencies. On the other hand, the police still have the opportunity to ignore such rules under very reasonable conditions aimed at stabilizing the situation, searching for criminals, stopping possible problems, saving lives, and so on. Only a few countries can boast of this.

What is it: the basics of the Constitution

In Art. 25 of the Basic Law of the Russian Federation declares that a person’s home is inviolable. This means that no one is given the right to enter a home against the will of the people living there, except in situations specified by federal laws or justified by a court decision.

This norm of the Constitution is confirmed by specialized legislative acts presented by:

  • Art. 139 of the Criminal Code of the Russian Federation;
  • Art. 5 of the Criminal Procedure Code of the Russian Federation;
  • Art. 3 of the Housing Code of the Russian Federation.

It is impossible to realize the integrity of the home without an accurate identification of the very concept of home. In this sense, legislation most often uses the terms “residential premises”, “housing or housing stock”, “place of permanent or temporary residence”. All this means:

  • House;
  • apartment;
  • a room in a communal apartment;
  • country house;
  • places in a hotel, sanatorium, holiday home, boarding house, camping and other places of temporary accommodation.

A person who uses residential premises for office, medical, scientific, industrial or other similar activities, without changing the original purpose of the premises, has the right to continue to consider it housing. Garages, sheds, workshops, compartments or cabins in vehicles do not fall under the category of dwellings.

What is a person's guaranteed right to privacy?

The Basic Law extends the right to inviolability of the home to citizens entitled to own or use residential premises as a place of residence or stay; possessing title documents presented by:

  • warrant;
  • certificate of ownership;
  • lease or sublease agreement;
  • rental or sublease agreement;
  • other similar documents.

Citizens who are permanently or temporarily moved into residential premises with the permission of the persons legally residing there have the same rights.

If the inviolability of housing is violated, then citizens who were legally present in it at the time of illegal entry and who were subjected to physical influence or the threat of such force also have the right to be recognized as victims.

Under what conditions is it possible to violate Article 139 of the Criminal Code of the Russian Federation?

Art. 139 of the Criminal Code of the Russian Federation, mentioned above, does not regulate the possibility of legal violation of the inviolability of the home. But in Art. 25 of the Constitution of the Russian Federation there is a reference to Federal Law No. 3-FZ “On the Police” dated 02/07/2011 (as amended on 12/27/2019), in its article 15 regulating the entry of police representatives into housing. It emphasizes that these actions are permitted only in cases provided for by the legislation of the Russian Federation, or if:

  • it is urgent to save the lives or property of citizens, to ensure the safety of people during riots and emergencies;
  • it is required to detain persons suspected of committing a crime;
  • it is necessary to stop the crime;
  • The circumstances of the accidents are being clarified.

In addition, the legal entry into the home of law enforcement officials may be authorized by a court decision.

All other regulations at the level of constituent entities of the Russian Federation or municipalities cannot be grounds for violating the inviolability of housing.

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