People are different in nature. Some are “larks,” others are “owls.” Everyone has his own time for intense activity and relaxation. But the generally accepted division into periods of wakefulness and sleep does not take into account our personality characteristics. And no matter how much one would like to have fun noisily before midnight, others use this time of day for a good rest. In addition, the law is on the side of the latter.
Excessive decibels
The period for night sleep is regulated by Federal Law No. 52 and articles of the Code of Administrative Offenses of the Russian Federation: No. 6.3, 6.4, 20.1, 23.13. The standards set forth in them determine what exactly can be considered noise, how it is measured, the time of day for which restrictions are imposed, and what sanctions can be applied for violating the peace and quiet of citizens. Monitoring compliance with generally accepted rules is entrusted to the bodies of Rospotrebnadzor. It would seem that everything is simple: there is a law, there is a regulatory body, there are clear penalties for violators. He revealed the bully, informed the district police officer or the nearest police station about him, and there he will be attracted and punished in accordance with the degree of guilt. But in fact, bringing a troublemaker to legal responsibility can be quite difficult.
To begin with, we will deal with the very decibels (dB) in which the volume of any sound is measured. SanPiN determined that the human hearing organs are able to endure constant noise at 55 decibels during the day and 40 at night without significant harm to health. At the same time, brisk automobile traffic in any city is estimated at 80 dB, a passing motorcycle makes a sound at 90 dB, and road works at all at 100. How many have been punished for violating the peace and quiet of citizens, taking into account the above? Of course not. We have long considered this noise level to be the norm. It’s easy to prove that the requirements of SanPiN do not agree with reality. It is enough to give a few examples. Normal human speech fluctuates on average within 40 dB, clock ticks - 30. And around us during the day around the street - about 100 decibels. Constant excess, right? And there is no one to hold accountable for violation of their legal rights to peace and quiet.
To whom is the norm, and to whom is a crime
If you rely on standards, at night everything that is louder than a normal conversation in calm tones is an overabundance of an acceptable level. Of course, no one pays attention to such trifles when a child cries behind one wall of a neighbor, and a husband and wife swear after another. And so every day, and - even worse - almost every night. Almost every adult resident of the country knows that there is a law on violation of peace and quiet of citizens and it must be observed. But most of them are also aware that it is almost impossible to influence the riot of neighbors. As for the crying child, the same 52- stipulates that this natural behavior of the infant does not apply to legal violations of peace and quiet. As well as emergency response or investigative actions.
The noise at night is considered the following:
- screaming or talking in a raised tone;
- loud work of household appliances: refrigerator, TV, air conditioning, etc .;
- dog's bark;
- repair work (not urgent) using tools: a hammer, saw, drill, ax, etc.
- singing, playing musical instruments;
- multiple alarms under windows;
- explosion of pyrotechnic shells.
The life of the modern metropolis is replete with similar sounds and a number of others, not mentioned in our list, which are interpreted as administrative offenses. Violation of the peace and quiet of citizens, especially at night, should be prosecuted more strictly, which is successfully practiced in most European countries, but, unfortunately, not in Russia.
Justified insomnia
So, let's see why the crying of a child, carrying out operational actions and emergency work is not a violation. For example, an investigative experiment or the search for a criminal in hot pursuit. The listed actions are precisely aimed at protecting the population from crimes more significant than their disturbed night's sleep. In this case, no one should be held responsible for violating the peace and quiet of citizens. Moreover, such incidents happen extremely rarely, or even somewhere with someone else. The elimination of the consequences of natural disasters or emergency work at the facilities of the communal and road sector are from the same category of urgent work aimed at ensuring a decent standard of living for citizens.
As for the crying of the child at night, the concern of the little man should be taken for granted, as this is his natural demand for food, warmth, care, elimination of pain and attention. However, if the family is considered dysfunctional, then the baby's excessive anxiety may be caused by factors of a different sense. And then it would be more correct to apply to the guardianship service in order to understand the reasons for the constant crying of the child.
Restless neighbors
An apartment building at night is often compared with a buzzing hive. Such associations are justified. The variety of sounds that are heard outside the doors of apartments cannot be enumerated. Laughter, crying, screaming, singing, the roar of televisions are the most common. But closer to night, everything gradually subsides, and the forbidden noise can be heard outside the rare door. By and large, dysfunctional families can be found to violate the peace and quiet of citizens. In favorable high-rise buildings, they rarely linger for a long time, if they do not observe a convenient mode of living together for everyone. As a rule, respectable residents are fighting them on all fronts. Start with a normal, peaceful conversation. But if this measure of influence does not help, prohibited tricks can also be used - the use of force.
But there is another way - legal. First of all, you should contact the police and write a statement to the restless neighbors. Violation of the peace and quiet of citizens is a serious infringement of their rights, and to call to account for such behavior is the prerogative of the district inspector. If at his level he cannot influence the violent residents, his support when the neighbors turn to higher authorities will have more weight. Of course, we are talking only about those families that regularly violate the regime of night silence. Marital quarrels are a fairly common phenomenon, but if they are random in nature, as a rule, neighbors treat them with understanding and sympathy.
Carefree night owls
The struggle for silence with random troublemakers at night is much worse. In the warm season, there are a lot of them in the yards of apartment buildings. They come or come from nowhere, they behave uneasily, not at all embarrassed that people tend to sleep at a later time, and that there is an article about violating the peace and quiet of citizens does not scare or reassure them. Moreover, she does not imply any serious responsibility, the punishment is limited to a fine. The offense itself belongs to the category of petty hooliganism. And what is there to scare? So they behave in the most ugly way: swear; yelling songs - they don’t sing, namely yelling; turn on their full power musical receivers and everything else in the same vein.
Going out to them for a peaceful conversation, firstly, is useless. And secondly, it’s dangerous. Talking about violating the silence and peace of citizens can not reason them. The police, who arrived at the call of the local residents, cannot do anything substantial. Young people calm down for a while and leave, but after some time they come back, and everything begins in a new way. The police have many other, more important things to do at night than to chase out on the ramblers. Unfortunately, we have a lot of restless yards in multi-apartment blocks. And there aren’t enough police patrols at all.
Legalized "hooliganism"
When carefree companies are allowed to make noise all day for their full pleasure, it's New Year's Eve. Of course, not everyone shares the rampant fun and the explosions of firecrackers every second, as well as the more serious types of pyrotechnics until the very morning, but nowhere to go - since the beginning of 2018, all restrictions on night noise on the night of December 31 to January 1 have been removed. Naturally, the relevant amendments to the law on violation of peace and quiet of citizens concern only harmless actions. Shooting from a firearm or pneumatic weapon is a criminal offense. But until this year, the police had every right to detain anyone who loudly celebrates New Year's Eve for disturbing the night's rest. There are cases when those arrested during this period were charged with petty hooliganism for excessively noisy behavior. From now on, screams on New Year's Eve are legalized.
But for other secular holidays, taking into account the Victory Day, holy for all Russian people, the corresponding amendments to the law do not apply. Quite often, many of our fellow citizens perceive a personal birthday as nothing more than a nation-wide reason for fun. Often a violation of the silence and peace of citizens at night is quite law-abiding residents sin for this reason. Here the neighbors have to choose: either patiently wait out these few hours, or go on a conversation, risking to make a blood enemy for the rest of their lives in this house. One has to choose a similar line of behavior in connection with other family celebrations of the neighbors.
Legal impact
In order to defend your legal rights to silence, it is important to know FZ-52 and which governing bodies are responsible for certain actions. As already mentioned, monitoring the compliance with the peace of citizens, the noise level - in the competence of Rospotrebnadzor. The protocol on the identification of the offense is also in the department of its employees, according to the article of the Code of Administrative Offenses 23.13. What exactly is considered noise and what behavior can be attributed to petty hooliganism is regulated by article 20.1 of the same Code of Administrative Offenses. In addition to Rospotrebnadzor, the legal requirements for silence are also carried out by management companies responsible for the optimal standard of living of residents.
However, only law enforcement agencies, the police and the court, can be significantly affected by violators, where the appropriate application should be filed. Complaints to management companies and appeals to Rospotrebnadzor are just a launching pad for the fight against “high-profile” hooligans. Of course, sometimes the intervention of these organs gives good results, but it happens that it is completely useless. If the first steps in influencing hooligan neighbors - a peaceful conversation and involving a local inspector - remain without the expected consequences, the latter can just take a sample application to go to court. Violation of the peace and quiet of citizens is an administrative misconduct, but it is important to remember that if respectable neighbors decide to go to the end in the struggle for their comfortable life, the matter could turn into a real trial.
From persuasion to trial
Of course, everyone independently has the right to win for himself a quiet existence in his own home, but the collective appeal to the police and the court will have a completely different weight. So, the first steps - talking in a neighborly way and conversations of the district police officer - remained without attention by the hooligans. So, you should write a statement to the management company. You must register your appeal with the signatures of all interested parties in the Criminal Code and make a photocopy of the document, which will record the date and data of the person who accepted the appeal. It happens, and quite often, that such treatment disappears in the bowels of the offices of management companies. A copy will be strong evidence that such a treatment was. The same should be done with the statements that residents will send to the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.
At the stage of bringing to trial for violation of the silence and peace of citizens controlling sanitary and epidemiological indicators of the body, some difficulties may arise. The thing is that the noise level and indicators of exceeding permissible norms must be fixed by a special device, after which an expensive examination should be carried out. Measurements are possible only at the moment of making the very noise that interferes with the rest of the residents. And this is quite problematic. And it is not at all the cost of the examination, because in the case of a positive court verdict, violators will have to compensate for these costs. The difficulty is that determining the moment when the neighbors will make noise so that the employees of Rospotrebnadzor with the device are in place at that time is a happy occasion. In addition, there are several written results of such measurements for reliability.
Eviction as a powerful argument
For violation of the peace and quiet of citizens at night, penalties are provided. The amounts of penalties imposed on an individual, legal entity or official vary. So, a noisy neighbor is threatened with paying the state their hard-earned money within 500 rubles for the first prosecution. Individual entrepreneurs, companies, corporations will have to pay about 40 thousand rubles for undue anxiety of residents of the surrounding quarters and temporarily suspend their activities. The punishment is more than serious, because large plants that produce, in addition to useful products, a rather serious noise curtain, are being built on lands where the construction of housing houses is not provided. For repeated prosecution, the level of the penalty rises.
But if the ruble of violent neighbors is not calmed down, you should contact the court with a claim for forced eviction. Article No. 52 of the Federal Law on the violation of the peace and quiet of citizens provides for such a measure of influence. True, resorting to such radical measures is extremely rare. First, the court considers the citizens' application, backed up by all the documents collected during the pre-trial proceedings. It is necessary to provide an act of expertise of Rospotrebnadzor. The application is written in a standard form, indicating the name of the authority to which it is sent, and a brief, clear and concise, without artistic turns, statement of all the circumstances of the case. It is certified by the signatures of all persons concerned in holding accountable the troubled neighbors. Witness testimonies, video recordings and audio recordings recording the date and time of the noise produced can also play a positive role. If you gather a substantial evidence base, forced evictions to neighbors cannot be avoided.
Regional regulation
Despite the fact that the Law “On Silence” under number 52 is federal, control over it is carried out by regional authorities. They also punish those guilty of violating it. In addition, the regions have the right to determine the hours of permissible noise in decibels for residents of their settlements. Naturally, in local regulations they should be based on the requirements of the Code of Administrative Offenses. Violation of the peace and quiet of citizens, if any, is determined by the parameters that are established by the code. However, the division into day and night hours, as well as noise restrictions during the lunch break, each region has its own.
So, in the capital of our state on weekdays from 21:00 to 8:00 the next day, and on weekends from 22:00 to 10:00 - time of peace and quiet. At lunch from 13:00 to 15:00 there are also certain restrictions on the level of sounds produced. The scatter at the beginning of the evening hour of silence in different regions ranges from 21:00 to 23:00. The same thing is with the morning hours. Somewhere restrictions are removed at 7:00, and somewhere later. In order not to violate the law, you should clearly know the legal requirements established in the region of residence, and follow them. Careful attitude to others should begin with yourself.