A district police officer is a representative of the Russian police who is responsible for order in a specific territory. Citizens turn to him when their rights are violated. If your neighbors litter in the entrance, loudly sort things out, turn on the music at full volume at inappropriate hours, file a complaint with the local police officer. In order for the application to be accepted, it must be written correctly.
When can and should you file a complaint against your neighbors?
When residents of an apartment building violate public peace and ignore the comments of others, they have to resort to the help of law enforcement agencies. Police will take action to stop inappropriate behavior. It is important to note: they have the right to use powers only if there is a fact of an administrative offense. Unlawful situations include:
- exceeding the permissible noise level during the day and night hours;
- smoking in common areas of an apartment building;
- drinking alcoholic beverages at the entrance;
- slander and insults by a neighbor;
- violations of keeping pets, leading to infringement of the rights of apartment building residents;
- seizure of a parking space.
The list remains open; the grounds for applying for residents are based on life situations. In these situations, filing a complaint against your neighbors with the police is an effective method of solving problems.
Contacting the HOA and Management Company
There are a number of situations when authorized employees of the HOA and the management company can solve the problem. Examples of offences:
- Damage to a house or entrance by residents or their dogs.
- Systematic disposal and leaving of garbage in hallways and stairwells.
- Other violations of the rights of residents of the house.
The common responsibility of all HOAs is to maintain the normal condition of the property of the house. The remaining features and rules of operation of the HOA and the Management Company can be studied in their charters. The same document prescribes measures to be taken against residents of violators.
Where to file a complaint against neighbors
Complaints filed against inappropriate neighbors are accepted by district departments of the Ministry of Internal Affairs. The authorities submit an application directly to the district police officer or address the appeal to the chief of police. He forwards it to the person responsible for the allocated area from which the complaint came.
If neighbors break the law for the first time, and the conversation does not bring any effect, you should not immediately write a statement. It is recommended to contact the local police officer orally and ask him to conduct a preventive conversation. This method of influencing restless residents will also work in cases where there is no evidence of their violation of laws.
How to properly write a complaint against a neighbor
Appeals are made from a person or group of persons whose rights are being violated. Often a collective report against neighbors to the police turns out to be more effective - it indicates that the interests of a group of people have been violated.
A sample application to a district police officer regarding a neighbors dog, loud noise during the day, at night, or other violations has not been officially approved. There are no special requirements for reporting to the police; it is drawn up in any form. Supporting what is written in the appeal with evidence increases the chances that the police will help resolve the conflict. To correctly write a statement to a district police officer, the text includes:
- date and place of commission of the administrative offense:
- Full name and residential address of the person who violated the law;
- links to photos and videos demonstrating misconduct;
- Full name of eyewitnesses who are ready to certify the fact of the violation.
IMPORTANT! It is difficult to use photographs and videos as evidence. First, you must confirm that the filmed materials coincide with the date and location of the offense.
The correct address is written in an official style, without using obscene language, insults or threats. It is important to check that the essence of the conflict is clear from the text of the complaint, otherwise it will not be possible to obtain a decision on the merits.
Silence law
People living in the same house must comply with the requirements of current legislation. For all regions, these rules are practically no different from each other and set boundaries that regulate repair work or other activities that violate the accepted silence.
In legislation, these acts received the simple name “On Silence.” If we talk about the capital of Russia, then this law will sound like “On maintaining the peace of citizens and silence in the city of Moscow.” But, as was said earlier, for other regions the name is practically the same. And we will consider the question of what to do if the neighbors above are flooded a little later.
Sample applications
In many situations, you will not have to write an application from scratch. You can find complaint templates for each case on the Internet. All that remains is to add details of the current situation. So the statement to the district police officer is conditionally divided into 3 parts:
- The header where the appeal is written to and from whom is sent. Here they provide the applicants' full names, their residential address and methods of communication - mobile/home/work phone numbers.
- Text of the statement describing the administrative violation. It is explained what the offense is, which persons are parties to it, and whether evidence of the offender’s guilt is attached. The final paragraph asks to stop illegal actions and bring the perpetrators to justice.
- The conclusion includes the date, month and year of submission of the application and signatures of the applicants.
Claims about the actions of neighbors that violate public peace differ only in the descriptive part.
To insult
Article 5.61 of the Code of Administrative Offenses provides for liability for insult. This basis for sanctions should be included in the complaint. The content of the sample for an application to the district police officer regarding neighbors covers:
- Time and place of what happened, characters.
I, Full Name, 03/22/2021 at about 17:00 in the evening, was climbing the stairs to the apartment when Full Name1 stopped me and began to insult me with the following expressions: “...”. Full name, full name, living in apartments No., No. came out to the noise and tried to resolve the conflict, calm down Full Name1.
- The applicant's attitude to the incident.
I consider the above statements addressed to me unacceptable. They insult my personality and violate my personal non-property rights guaranteed to me by the Constitution of the Russian Federation.
- Requirement.
I ask you to bring FULL NAME1 to administrative liability on the basis of clause 1 of Art. 5.61 Code of Administrative Offenses of the Russian Federation.
Insult from a neighbor is expressed not only verbally. It can be received via SMS, email or in the form of notes. Written materials must be notarized and attached to the application.
Abuse complaint template
To noisy neighbors
Residents who exceed the permissible noise level create discomfort for other owners. It doesn't matter whether it happens during the day or at night. SanPin regulates that the maximum noise level is 45 dBA at night and 55 dBA during the day. Regulation may be tightened by regional silence laws. It is published on the website of the constituent entity of the Russian Federation.
The content of the sample application to the district police officer regarding noisy neighbors includes:
- Presentation of the parties to the conflict and its subject.
I, full name, live at the address...Full name 1 lives in apartment No. From 17:00 pm to 12:00 pm FULL NAME1 plays music that disturbs the rest of the residents of the house from sleeping. Full name 1 does not respond to requests to reduce the volume. Residents of apartments No.: Full name, Full name can confirm what is written.
- Requirement. I ask you to bring FULL NAME1 to administrative responsibility for violating regional law No. and ensure silence in the house.
Before calling about noise, it is better to call the police to the place. Employees will be able to verify the fact of a violation and immediately stop it.
Sample application form for noisy neighbors
On the neighbor's dog
Neighbor's dogs can make noise and pollute the common area of the house. Residents also have the right to complain about keeping two or more large animals in an apartment that are not receiving proper care if this affects other people. So, neighbors can smell the smell from a home with pets in their apartments.
The listed situations are the reason why they file a complaint against their neighbors to the local police officer or directly to the court. You will need to explain how the neighbor's dog is interfering. To prove it, you will need to attach a photo, video, and refer to other residents.
Format for reporting a neighbor's dog barking
For smoking in the entrance
A complaint about a neighbor who smokes on the landing or public balcony will be effective when peaceful ways to solve the problem have been exhausted. An example of a situation description in a statement to a local police officer about a smoker:
I, Full Name, live at the address... My neighbor, Full Name1, regularly smokes on the landing next to my apartment. After this, there is smoke in the entrance and the smell of cigarettes penetrating into the apartment. Thus, FULL NAME1 infringes on my right to health, violates Federal Law No. 15 Federal Law. Announcements banning smoking in the entrance were ignored, and attempts to negotiate with the neighbor had no effect.
I ask you to stop the unlawful actions of FULL NAME1 and apply administrative measures to him on the basis of Part 1 of Art. 6.24 Code of Administrative Offenses of the Russian Federation.
Application template for neighbors who smoke
On hooligans and alcoholics
Violating public order and drinking alcoholic beverages at the entrance will require writing a statement to the district police officer against the neighbors in order to stop the violation of rights. The descriptive part of the appeal states the essence of the offense and provides information about the person who committed it. It is advisable to refer to the article of the Code of Administrative Offenses, which provides for liability:
- Article 20.1 - for hooligans;
- Article 20.20 - for citizens drinking alcoholic beverages in shared areas of an apartment building.
You will need to attach documents certifying the fact of the violation: photos or videos, written testimony of witnesses.
Complaint format for drinking alcohol at the entrance
Collective complaint
When noisy residents or their animals cause inconvenience to the inhabitants of the house, the latter have the right to write a collective complaint against the neighbors. A sample of a collective complaint about inadequate neighbors is similar to individual statements. The differences are as follows:
- Due to the fact that a group of citizens are complaining, the text is written in the plural.
- The addresses of all applicants are listed.
- At the end, everyone signs and deciphers it.
Example of a collective complaint
How to submit an application to a local police officer
A complaint against neighbors is sent to the district police officer by mail or the Internet, and is drawn up during a personal visit to the police. It is also possible to report a neighbor’s misconduct by telephone. Each option has its own nuances.
What the above cases have in common is the place where the application is submitted. You will need to draw up a statement to the district police officer responsible for the area where the applicant and the offender live. You can find out your UUP on the regional website of the Ministry of Internal Affairs of the Russian Federation by entering the address of your place of residence.
Personally
A visit to the police will help you find justice for your inappropriate neighbors:
- the application is submitted to the duty officer of the Ministry of Internal Affairs - you can fill out the form on the spot or bring an already written copy;
- personal appeal to your local police officer. Opening hours are published on the local Ministry of Internal Affairs portal. The employee will accept the application or fill it out himself according to the applicant.
You can contact the UPP during a door-to-door visit. In practice, it is difficult to catch a police officer doing this. It is recommended to visit the police department yourself.
By mail
It is possible to send a complaint about disturbance of peace by means of a valuable letter. You will need to order the service of listing the attachment so that the postal worker can certify what is written and confirm the date of dispatch. If law enforcement officers receive an application and do not act, they still have proof of the application. The inventory is used to file a lawsuit.
By phone
To clarify the status of the application, contact the authorized bodies by phone number. It is published on the website of the Ministry of Internal Affairs. It is also used to call the police when a crime needs to be stopped.
Online on the website of the Ministry of Internal Affairs
A complaint about noisy neighbors is submitted to the district police officer online using the website of the Ministry of Internal Affairs of the Russian Federation:
- Select the “For Citizens” tab.
- In the drop-down menu, click on “Reception of applications from citizens and organizations.”
- Select the department for the address “Ministry of Internal Affairs of the Russian Federation” and click “Continue”.
- Read the terms and conditions for submitting an application online, check the appropriate box and proceed to filling out the form.
You will need to fill out the fields provided and describe the current situation in detail.
Deadlines for consideration of applications
Regardless of the method in which the appeal is sent, it:
- is registered within 3 days from the moment the employee accepted it;
- is checked no longer than 30 days. The period may be increased to 60 days, of which the applicant is notified separately.
IMPORTANT! Please remember: sending a letter by mail takes time. The sender is notified when the recipient has accepted the letter. From this moment the 3-day registration period begins.
Actions of the district police officer after receiving a complaint
When a complaint to a local police officer for violation of the law on silence or another regulatory act is written, the officer is obliged to register it in the complaints system. The responsible employee then proceeds to check the message. He needs to establish whether there was a violation and who is the unlawful person. Afterwards, the district police officer makes 1 of the decisions and notifies the applicant about it:
- accept an application for employment;
- give a reasoned refusal.
The first option provides that the employee is going to take measures to suppress the violation and collect a fine from the culprit. He may also limit himself to an educational conversation with the offender. After this, the district police officer draws up a report on the preventive measures taken.
What penalties are provided?
The penalty depends on the severity of the offense committed and is regulated by regulations, as well as Federal laws. The main punishment that a violator faces is a fine , which is:
- for exceeding the permissible noise level - a warning for the first time, for a repeated offense - from 100 to 500 rubles;
- for flooding of living space - 5,000 rubles, in addition to compensation for damage caused by flooding;
- for smoking in the entrance - for the first offense from 500 to 1,500 rubles, for the second time - up to 2,500 rubles, as well as 1,000 rubles for “lack of understanding the first time”;
- for violation of sanitary and epidemiological requirements (for unsanitary conditions) - from 500 to 1,000 rubles.
What to do if the local police officer is inactive
If an authorized employee does not respond to allegations of violation of silence or public order, the tenant has the right to:
- send a statement to the prosecutor's office regarding the inaction of law enforcement agencies;
- file a claim in court in accordance with the CAS RF procedure;
- contact your immediate supervisor.
It is possible to file a lawsuit against neighbors without waiting for the police to act. This method is preferable if illegal actions caused damage and the damage must be compensated.
What documents should I attach?
A collective complaint must be supported by documents proving the validity of the claims against the defendant (violator), this could be the following:
- documentation indicating a previously filed complaint (complaints) to the district police officer or other authorized bodies;
- documents from authorized authorities confirming violations by the tenant of the rules of living in an apartment building (AMD) (various conclusions and instructions from the Ministry of Emergency Situations, SES, flood report, expert assessment of the damage caused, etc.);
- video and photographic materials proving the commission of an offense by the tenant (provided on electronic media).
