So, smooth falling into sleep is canceled, but the main question remains, periodically worrying the citizens of the Russian state: "Who is to blame and what to do?". You are feverishly trying to restore your existing knowledge of the law regarding the issue of silence. Something vaguely recalls "from 23:00 to 7:00," but that's all. Well, it may also come to mind as a mockery of your nervous system, this popular composition.
To the history of the issue
When conducting an excursion into the history of lawmaking, a paradoxical situation is revealed: as such, a full-fledged law on the violation of peace and quiet of citizens was not in the country. There were sanitary standards in which limit standards for noise were established, amounting to 40-50 dB and 70 dB, as hazardous to health. They proposed to be guided in controversial issues. And if some irresponsible citizens violated public order at night, then they could have been attracted, but for violating public order, and not for violating the regime of silence. Catch the difference?
What else can you recall? Valid until 2006, "Rules for the use of residential premises, the maintenance of a residential building and adjoining territory". However, they were created during the USSR - in 1985, and since then the mentality of citizens has changed somewhat, and the level of housing equipment with technical means has changed.
This is not to say that lawmakers did not return to this problem: some amendments were made to Federal Law No. 52, as well as to the Housing Code. But the main burden again fell on the standards of SanPiN 2.1.2.2645-10, which determined night time - from 23 to 7 hours and daytime - from 7 to 23 hours.
Since there was no law on violation of silence at night, and the number of citizens appealing to law enforcement agencies on this issue increased significantly, the regions, without waiting for the federal law, began to independently establish standards that limit noise levels in certain periods of time. However, there were too many interpretations; each region was creative in its approach to this issue.
Moscow approach
Moscow, as always, became a pioneer in the development of a special Law on the violation of peace and quiet. It described in sufficient detail the conditions under which responsibility for disturbing the peace of citizens sets in. The first version of the law of 2002 looked like this:
July 12, 2002 N 42
THE LAW OF THE CITY OF MOSCOW ON OBSERVING THE REST OF CITIZENS
AND SILENCE AT NIGHT TIME IN THE CITY OF MOSCOW
(as amended by the Laws of Moscow of January 29, 2003 N 4, dated November 21, 2007 N 45)
The preamble is excluded from January 1, 2008. - The Law of Moscow dated November 21, 2007 N 45.
Article 1. Basic concepts
For the purposes of this Law, the following basic concepts are used:
Night time is a period of time from 23 hours to 7 hours.
(as amended by the Law of Moscow of 21.11.2007 N 45)
The premises and territories in the city of Moscow that are protected from disturbing the peace of citizens and silence at night are:
a) premises of hospitals, dispensaries, sanatoriums, rest houses, boarding houses;
b) apartments of residential buildings, premises of kindergartens, boarding houses for children, the elderly and the disabled;
c) hotel rooms and living rooms of dormitories;
d) porches, elevator cabins, stairwells and other common areas of residential buildings, hospitals and sanatoriums, dispensaries, rest homes, boarding houses, hotels and hostels, boarding houses for children, the elderly and the disabled;
e) the territories of hospitals and sanatoriums, dispensaries, rest homes, boarding houses, kindergartens, boarding houses for children, the elderly and disabled, hotels and hostels, adjoining territories;
f) recreational areas in the microdistricts and groups of residential buildings.
Article 2. Actions that violate the peace of citizens and silence at night in the city of Moscow
(as amended by the Law of Moscow of 01.29.2003 N 4)
- The actions violating the peace of citizens and silence at night in the protected territories and in the protected premises in the city of Moscow include:
a) the use of televisions, radios, tape recorders and other sound reproducing devices, as well as sound amplification devices, including those installed on vehicles, retail stores - kiosks, pavilions, stalls, which caused disturbance to the peace of citizens and silence at night;
b) playing musical instruments, screaming, whistling, singing, as well as other actions accompanied by sounds, leading to disruption of the peace of citizens and silence at night;
c) the use of sound signals of car burglar alarms, which entailed disturbance to the peace of citizens and silence at night;
d) the use of pyrotechnic means, which entailed disturbance to the peace of citizens and silence at night;
e) the production of repair, construction, unloading and loading operations, which entailed disturbing the peace of citizens and silence at night;
f) other actions that entailed disturbing the peace of citizens and silence at night in the protected territories and in the protected premises in the city of Moscow.
(part one as amended by the Law of the city of Moscow of 01.29.2003 N 4)
- The provisions of this Law do not apply:
a) on the actions of legal entities and citizens aimed at preventing offenses, preventing and eliminating the consequences of accidents, natural disasters, other emergency situations, conducting urgent work related to ensuring personal and public safety of citizens in accordance with the legislation of the Russian Federation;
b) the actions of legal entities and citizens when they worship in the framework of the canonical requirements of the respective faiths;
c) for offenses for which federal law provides for administrative liability.
Article 3. Administrative responsibility for disturbing the peace of citizens and silence
(as amended by the Law of Moscow of 21.11.2007 N 45)
Violation of the peace of citizens and silence at night in the city of Moscow entails administrative responsibility in accordance with the Moscow City Code of Administrative Offenses.
This Law shall enter into force 10 days after the date of its official publication.
Moscow Mayor
Yu. M. Luzhkov
Taking into account the numerous amendments to this document, based on the practice of applying the law, in 2014 the final version of the regional law “On ensuring peace and quiet of citizens in the Moscow region” was published.
Silence in the Moscow region
Consider the main provisions of the Law on the violation of silence in the Moscow region.
Now in Moscow apartments silence comes in accordance with the standards established for: weekdays at night - from 21:00 to 8:00; for days off at night - from 22:00 to 10:00.
During the day, you can expect silence from 13:00 to 15:00 - taking into account the needs of infants and senior citizens in a daytime dream. During this period, repair work is prohibited, as well as the use of a high volume level of sound reproducing devices.
And an additional clarification: the daily ban on repair work in apartment buildings from 19:00 to 9:00.
But the last paragraph needs a reservation, the ban applies only to houses, the term of commissioning of which is from one and a half years. For a year and a half, residents of new buildings will have to put up with the repair work in virtually all apartments of a high-rise building and be content with silence at night. But this is a fair addition.
Noise within
Now we’ll take a closer look at the term “permissible noise level”. Studies conducted regarding the effect of noise on the human body have shown that, to a certain level, exposure to sound vibrations is quite safe for health. But it is worth exceeding the "threshold of sensitivity" - and the body signals with symptoms of ill-being about the harm that is caused to it by the systematic effect of noise. And here a whole bunch of consequences is manifested: from hearing impairment to nervous abnormalities.
So, taking into account the data of scientific research, and also taking into account the accumulated judicial practice, lawmakers have made clear the maximum permissible noise level in SanPiN and fixed them with GOSTs, as well as adopted a number of amendments to the 42nd silence violation law that has existed since 2014 and peace for the city of Moscow in 2018, which, in particular, spells out many options for sounds that can have a harmful effect on the health of citizens, such as:
- music that sounds in recreational areas near residential areas;
- rearrangement of furniture, especially if it was started at inopportune time;
- this also includes noise from repairs, including redevelopment;
- a separate line is the clarification of relations with screams and other sounds, a children's cry or cry, dog barking;
- and those sounds, on the excess of which there are especially many complaints - watching TV shows and listening to music.
Thus, the above noises are allowed at a strictly set time (see above).
However, lawmakers provide for force majeure situations in which violation of the law on silence is allowed, for example, repair work on a Saturday, if this is connected with the safety of residents; similar situations aimed at eliminating or preventing natural disasters; as well as holding religious events, which, of course, are not every day.
Well, if you have “repair”, then you can carry it out on weekends, but taking into account the time limit.
Now let's touch on the term “noise level”. There are a lot of options for interpretations and specifics are required. To avoid discrepancies, the decibel is used as the unit of sound. The norm for the daytime will be a noise level of 40 to 50 dB, at night the noise level in the range of 30 to 45 dB is extremely acceptable. For reference: the car alarm works at 80 dB.
Thus, during the day, if you just talk without raising your voice, the sound level will be approximately 40 to 50 dB.
If you turned on the drill, then note that you are extracting 95 dB, and automatically exceed the permissible limits. So in this case, look at the clock, perhaps you are breaking the law. When cleaning with a vacuum cleaner, it will not be superfluous to also check with time, a working vacuum cleaner gives out 75 dB.
If you have a nervous situation at home, which is accompanied by a scream or cry of a child, then keep in mind that this may be a reason for complaints from your neighbors, since both of these sounds go off scale for 90 dB.
As for night time, you can speak in a whisper, which corresponds to 30 dB, like ticking a wall clock.
Additionally: Muscovites can afford to exceed the established 55 dB by 5 dB during the day and up to 45 dB at night.
In areas in close proximity to motorways or railways, a noise level excess of 10 dB is allowed.
Penalties
Responsibility for violation of the law on silence is provided for by various subjects of the Russian Federation in different ways, but not too different. Apparently, in each region solvency and mentality of citizens are taken into account.
If you are a Muscovite and an individual, you will be asked to pay a fine for violating the law on silence in the amount of 1000 to 2000 rubles.
And if you are a legal entity, then the amount of recovery increases at times: from 40,000 to 80,000 rubles.
Moreover, the law on violation of silence applies not only to noise in the apartment, but also to the house adjoining territory: you must observe silence both in the house entrance and in the sports or children's playground located in the courtyard of the residential complex.
You should also monitor the noise level in the premises of rehabilitation, educational, medical centers, horticultural partnerships, as well as organizations that provide temporary residence for Russians. The same requirement applies to open areas located in close proximity to these institutions.
What are you complaining about?
Residents of megacities live in situations of constant stress from increased noise levels. This is a kind of payment for the comfort and opportunities provided by the big city. Muscovites, admittedly, are most susceptible to noise vibrations - life in the Russian capital has a great deal to do.
So, Moscow is being intensively built, but construction is never quiet, especially during the night, which is what 67 percent of Muscovites complain about.
The capital is in dire need of new highways, and the old ones need repair: and 12 percent of complaints from Moscow residents come in connection with this topic.
At night, life in the Russian capital does not freeze: transport continues to work, and 5 percent of complaints from the population testify to this.
Additionally disturb the peace of Moscow residents: the sound of ventilation systems and generators (and what to do in the heat?); loading and unloading operations; capital improvement works (cleanliness requires sacrifice); finally, industrial enterprises contribute to noise. Complaints on these points are 16 percent.
The residents of the Moscow region have the same problems, only statistical data differ, but not significantly.
What to do, if...
So, in case of violation of the law on silence, where should a resident of the capital or region go?
Situation: you are a Muscovite or a resident of the Moscow region, and you have a problem with excess noise.
You can call the hotline of the Department of Environmental Management and Environmental Protection, whose employees, having familiarized themselves with your complaint, will arrive at the site within the time period established by law and clarify the degree of violation of the silence law.
Next, a troublemaker will be fined, depending on the category to which the offender belongs.
Private individuals will have to pay from 100 to 500 rubles; officials - from 500 rubles to 40,000 rubles; legal entities can prepare an amount from 10,000 to 300,000 rubles.
But most often it’s necessary to turn on the actions of neighbors. Consider a banal everyday situation: a weekday, the neighbors have a feast, time after midnight, and they just started the dance program ...
The list of interested organizations whose powers include the obligation to understand such situations: police, Rospotrebnadzor, management company, court.
Option A. Of course, in this situation you can knock on your neighbors and notify them of the time of day and the consequences of their actions. But the success of your enterprise is likely to be almost zero. Or maybe you’ll also be in the red, given the likelihood of profanity in your address or even worse. In short - you decide based on a specific option.
Suppose you consider option A ineffective. Proceed to option B: call the police or a statement to the local authorized police. That is, the police call is suitable for a situation where everything is very bad, and the end of the region is not visible to this. A district commissioner or police outfit after leaving the facility must draw up a protocol on an administrative offense.
Written appeal
The application to the district police officer (it can be collective) is transmitted at a personal appointment if you are ready, in principle, to wait until the morning, and only then take action. The morning is wiser than the evening...
It looks like this:
Local _______________________________
(name of the police department and full name)
From ______________________________
(Full name, address)
A COMPLAINT
I am complaining about _________ (indicate the name and address of the persons whose actions are being appealed).
The basis of the complaint was that _________ (indicate the grounds for filing the complaint, when and what happened, what is the violation of rights).
On the basis of the above,
Ask:
- Check for the violations I have listed.
- Hold perpetrators accountable
- Documents supporting the complaint
Date of filing complaint "___" _________ ____ g. Signature _______
Option B. You can contact the Housing Office in writing, and perhaps this will take effect, but not immediately, but in the somewhat distant future.
Option C. You have the right to apply to Rospotrebnadzor. The specialists of this department for a fee in the daytime on weekdays will measure the noise level with devices. Next, you will receive the relevant act in which the measurement results will be recorded.
Option D. The most costly is going to court. This is when you are already very sick of, police calls give a short-term result, the housing office is ineffective. It should be noted that before applying to the court you still need to get the conclusion of Rospotrebnadzor, attach to it, which is desirable, the collective appeal of other neighbors, perhaps a certificate from the doctor indicating the deterioration of your health in the specified period.
If you doubt your abilities, you can contact a lawyer to draw up an application to a court or district police station.
However, in fact, there is nothing complicated in filling out the statement: it is written in free form, indicating all the circumstances of the incident. And in the "cap" the name of the district police station is indicated, data of the district commissioner, full name contacting or full name with contact details of the initiative group (if any). Next, indicate the name of the statement, the circumstances of the conflict situation, the points on which the law on silence has been violated, including the time of violation of your rights to rest, the request that you apply to the police department, put the date, your signature or signatures of the members of the initiative group.
Be sure to prepare the application in two copies: you will leave one at the district police officer, and the second, with a mark on acceptance for consideration, you will keep at your place. And if the application to the district department does not take effect, then when applying to the court the second copy of the application you can attach to the package of documents, which may also include: appeal to the Housing Office, Rospotrebnadzor and other departments.
Federal level of protection
On January 1, 2018, the dreams of the Russians came true: Federal Law No. 52 “On the Sanitary and Epidemiological Well-Being of the Population” came into force, which finally sets out in detail both the standards regarding the permissible noise level in apartment buildings and not only, but also the parameters which can be very likely to determine whether the sound threshold is exceeded or not. The RF Law on the violation of silence regulates, in particular, the time at which it is allowed to exceed the level of sound vibrations in the housing stock and the territories adjacent to it.
Law of the Federal Law No. 52 was repeatedly amended, amendments were made, and the final version left articles clarifying unclear points at which justice most often "stumbled" in attempts to resolve disputes about violation of citizens' rights to a full rest.
Article 23 clarifies the terms and features by which the noise factor is determined.
Article 25 provides clarification on the issues of belonging to the public and housing stock.
Article 27 makes recommendations on the implementation of repair work without prejudice to the health of other citizens.
So, in accordance with article 23 of the Law of the Russian Federation, the following types of noise are considered to be a violation of silence:
- Playing a musical instrument, as well as singing and whistling.
- Raising the tone of the conversation, including swearing and screaming.
- Watch TV or listen to music at high volume.
- Use of pyrotechnic products.
- Repeatedly activated car alarm.
- Repair or construction, as well as furniture relocation.
As a rule, citizens' appeals for exceeding the noise level relate to residential apartments. However, liability for noise at night, as well as violation of silence in the daytime, is also provided for by law Federal Law No. 52 for territories located in the immediate vicinity of:
- adjoining territories, as well as children's and sports grounds located in microdistricts;
- medical and educational institutions, rehabilitation centers, dispensaries, hotels, hotels , etc. buildings, as well as territories related to them;
- sections of garden and country associations.
The attention of the owners of shops, cafes, bars to the need to comply with the established regime of silence.
Lawmaking before Federal Law No. 52
Let's try to figure out which laws on the violation of silence acted previously.
The first attempt to somehow determine the limits of the maximum permissible noise level was made by the State Duma in 1999. Further, the lawmaking of the deputies continued along the lines of introducing various kinds of amendments, and since the issue could be said to be painful, changes were made several times a year. They concerned both the amount of dB and time limits. The subjects of the federation also strained on this issue due to the endless stream of complaints from citizens on various types of screens.
To date, 40 dB is considered the normal daily noise figure, and the night indicator is set at 30 dB. Allowed daily increase in volume level by 15 dB.
We will especially touch upon the excess of the noise level due to the crying of a child or, for example, a barking dog.
It should be understood: the child cries constantly and the parents don’t care, or there are still attempts to calm him down. If the child cries constantly, it is necessary to pay attention to the specialists of the social service, because you are probably dealing with a dysfunctional family. Well, if the child is reassured - well, everyone had children and we need to show understanding.
When a pet whines all day in the apartment, it is unlikely that someone might like it. Most likely, the owners leave him alone, and he is bored. but you don’t have to live with it. For the first time, you can talk with the owner, hoping for understanding. Well, if you have not been listened to, act according to the law: the algorithm of actions in Russia is the same as in Moscow and the Moscow region.
Happy new year!
During the nationwide celebration of the New Year in Russia, i.e., January 1, no restrictions apply. This amendment was introduced into the Federal Law No. 52 in 2017. This exemption does not apply to other holidays; on weekends and holidays, silence must be observed from 22:00 to 10:00 the next day.