Each of us has the legal right to a normal rest and a good sleep. The rules for observing the regime of silence are required to comply with absolutely everything. Now for his violations will be punished by law.
What is it about? On a normative act called the new Federal Law No. 52-FZ. In today's article, we will talk in detail about its contents with a transcript of some important nuances on the example of the silence regime in Moscow in apartment buildings in 2017.
Not every loud sound action refers to offenses. What do we mean when talking about noise? How and in what ways to deal with our neighbors depriving us of peace? Are there penalties here, and which ones? What is the mechanism of the law and what exactly is each of us obliged to know on the topic of silence in an apartment building?
Noise - what is it?
This phenomenon is one of the most acute problems of all those living in megacities. People in a big city are surrounded by noise everywhere. You can’t get rid of it either in the office, in transport, or in the spacious halls of the shopping center. Upon returning home, any of us wants only one thing - a relaxing holiday and the absence of any annoying factors. Why are our rights violated every now and then?
By definition, noise is any violation of silence. And there can be many reasons for it. They can take the form of repair work (lovers who break the silence mode on weekends are especially common), music of high volume, singing or playing musical instruments, as well as children's crying or barking dogs. They move furniture or watch TV with noise. It arises as a result of too loud operation of household appliances (air conditioning or refrigerator), sudden emergency operations, pyrotechnic explosions.
A lot of noise happens during loud conversations or scandals between members of one's own family or neighbors behind the wall, as well as in the event of any emergency. The sounds of car alarms, as well as repair and construction activities, especially in the late hours of the day, do not give us rest. In our apartments, we are haunted by noise from traffic and road works, unloading and loading, urban improvement measures, as well as industrial noises, sounds of a working factory or those that come from nightlife.
The regime of silence in Moscow in apartment buildings since 2016
If you dream of silence while living in an apartment building, you should adhere to two basic rules. First, follow the silent rules yourself. Secondly, to understand the intricacies of the law on silence.
Why is it important? There are types of noise that are not possible to affect. We are talking about emergency work, the elimination of the consequences of accidents and other force majeure circumstances, such as urgent investigative actions. In this case, silencers are driven by reasonably good reasons, and there is no point in complaining.
In theory, the law prohibits the opening of public catering facilities in a building (housing, restaurant, cafe or karaoke bar). But practically this provision is violated everywhere. In this case, the owner of such a point is obligated to attend to measures related to reliable soundproofing of the room.
Troubles and anxiety for residents are possible even from beauty salons located on the ground floors of apartment buildings - for example, regular turning on / off hairdryers and other mechanisms.
Other possible sources of the problem
The silence mode when repairing an apartment in Moscow during the day does not prohibit work, but a preliminary discussion of their schedule with immediate neighbors is highly desirable. You should not lose sight of living at your doorstep with families of babies who need a normal sleep. Another problem related to maintaining the silence of an apartment building is the presence of a large number of living pets. Sometimes the neighboring dogs can create intolerable conditions, and then you can’t do without complaints to the management company .
A rare house exists without people living, whose problem is alcohol dependence. In these families, swearing and scandals are a common household background. The fact that by such debauches the peace of everyone around them is disturbed, such residents almost never care. And the regime of silence in Moscow for this reason suffers no less than in the provinces. Meanwhile, this problem can not be classified as insignificant.
Such actions can be regarded as petty hooliganism, and if you do not turn a blind eye to them, then it is quite realistic to achieve at least a fine. However, usually poor fellow neighbors of such marginal elements already know the path to their precinct.
But what if we are talking about a small child of neighbors whose regular loud crying often gets on your nerves? What to do in this case? Unfortunately, almost nothing. Kids are not subject to the law. The only option is that the family may be dysfunctional, and the constant cry of the child indicates the absence of basic living and sanitary conditions for him. In this case, the duty of the neighbors is to notify the police and social services.
Silence Act
The government does not abandon us. Federal Law No. 52 governs the silence regime from 2016 in apartment buildings in Moscow (and not only). It was adopted in order to ensure public order for the citizens of our country. To the concept of "my house is my fortress" ceased to exist for a huge number of Russians in the form of an abstract formula.
Since 2017, a number of amendments have been made to the law "On the regime of silence" in the Moscow region, clarifying some important points. Now its norms must be observed both during the day and at night.
During the day, noise figures cannot exceed a threshold of 40 dB. To understand how this looks in practice, it is enough to give a few simple comparisons. For example, the loud sound of a car alarm can reach 100 dB. If you do not have a special device for determining the sound level, then you can approximately focus on the following data: a threshold of 40 dB corresponds to ordinary human speech. If we are talking about a whisper or a ticking clock mechanism, the level of emitted sounds will be approximately at around 30 dB. A small child cries with a volume of about 78 dB (on average).
30 dB - that mark, which should not exceed the noise emitted during the night period. What kind of watch refers to it? From 7:00 a.m. to 11:00 p.m., time is considered daylight, later night falls. In Moscow, in particular, repairs are allowed only from 9:00 to 19:00. By turning on the drill sooner or later than the data of the dial, you will violate the established silence regime in Moscow since 2016 by law.
Disturbance of residents - under a categorical ban from 21 hours to 8:00 in the morning. The silence mode in Moscow at the weekend is oriented accordingly to the marks at 22 o’clock and 10 o’clock in the morning. Any noise is just as forbidden during the holidays (in the same time frame as on the day off).
Changes in the Federal Law No. 52, introduced since 2017, affected the festive date on January 1. You can make noise on this day. On other holidays, according to the new version of the law, the regime of silence in Moscow for days off is observed.
And what about the province?
In other regions of our country, some options are possible in determining the night hours of silence. For example, for Voronezh this time lasts from 22:00 to 7:00 in the morning, in Yekaterinburg it is forbidden to make noise from 23:00 to 8:00, in St. Petersburg from 20:00 to 12:00, and in Pskov and Kazan from 23:00 to 6:00 in the morning.
According to the new law, the regime of silence from 2017 in Moscow and the Moscow Region is required to be observed every weekday evening from 21:00 to 8:00 in the morning, and on weekends - from 22:00 to 10:00 in the morning. This is in line with the above figures regarding the general federal time frame.
The silence mode in Moscow on weekends and on weekdays categorically prohibits noise in any form between one in the afternoon and three. At this time, it is not allowed to turn on the music or TV loudly, engage in moving furniture or repair work, otherwise the consequences can be quite serious. That is, residents will have to solve their domestic and other problems within the acceptable sound level during the hours specified by law.
Where compliance is required
What objects does the silence law apply to? These include, first of all, the totality of residential premises, as well as the territory of courtyards, porches and children's playgrounds. Here we are talking about institutions designed for temporary stay. That is, hospitals, sanatoriums, hospitals, etc., as well as country houses.
Defending your own right to silence is not as difficult as it seems at first glance. Legal assistance is probably not needed here. It is enough to carefully study the provisions of the law mentioned above to take action.
You should know where you can go if necessary, in addition to law enforcement agencies, whose direct duty is to ensure compliance with the silence regime in Moscow and other cities and towns. The management companies, whose task is to provide residents with optimal living conditions, and the Rospotrebnadzor authorities responsible for the absence of violations in compliance with sanitary and epidemiological standards, and the courts are obliged to deal with this issue on duty.
What to do?
What kind of actions can be recommended for combating troublemakers in an apartment building? The first and easiest way is to talk with your neighbors and explain that they create problems for others. In the absence of mutual understanding, you can proceed to call the police squad and submit an application to the district police officer. Other fairly effective means include sending a complaint to the management company and options with an appeal to the bodies of the Federal Service for Supervision of Consumer Rights Protection and Human Rights and the courts.
Before calling the police, make sure that there is a corpus delicti. Namely, sounds interfere with people. After all, the noise itself is not an offense. If other neighbors suffer besides you, it is worth joining forces for a joint struggle. The chances of success in this case are many times higher - by any authorities in our country collective appeals are considered faster and more readily than individual ones. In addition, the performance of an organized group can attract public attention to the problem and cause a rather serious resonance.
Even before the trial
Pre-trial methods of solving the problem are among the most common. Silence broken - go with a statement to the authority of Rospotrebnadzor. This specialized organization is obliged to monitor the observance of consumer rights of the population. Silence refers to data of a sanitary-epidemiological nature, the level and the fact of its violation is quite possible to measure by physical methods.
If the noise limit established by law by your neighbors is regularly violated, then the possibility of calling the representatives of this organization for the necessary examination becomes quite real. The disadvantage of this method is the relatively high cost, but in the event of a successful completion of the case in court, the costs will be compensated for by the perpetrators.
Residents can be issued an arbitrary application form. Based on it, the organization’s employees must draw up a protocol fixing an administrative violation. As a response, a noise level fixation check should be carried out, which is reflected in the final act-conclusion.
Of course, one should begin with a peaceful and polite conversation with the “enemy,” that is, inconvenient neighbors. The conversation should not go beyond decency and be conducted in the correct, better official tone. After all, neighbors are those people whom you have to live with for more than one year. The advice of a psychologist in this case is not to engage in such a conversation, being in a state of irritation, which is fraught with flare-up of a serious conflict. If the facts of infringement of your rights by the neighbors take place more than once or twice, you should not stand on ceremony with them.
When to call the police?
In everyday life, most of the inhabitants of our country know almost nothing about the exit of the said law. That is why in case of any noise you should not immediately rush to call the police. It is likely that a peaceful solution to the problem is real. Warn neighbors, indicate that they violate the regime of silence in the house, provide a link to the paragraph of the law.
If the results of verbal admonition leave much to be desired, we should proceed to more decisive measures. The police order is called by numbers 02 from a fixed telephone and 112 from a mobile. If you want to achieve a specific result, and not just scare the neighbors, you can not warn them about the expected departure of law enforcement officers. Let this event take them by surprise - it is important for law enforcement officials to give an opportunity to see for themselves the offense with their own eyes, to document it in the form of a protocol. If this does not happen, your efforts will go down the drain.
However, some of the violators can be pacified by the mere threat of calling the police. So the optimal solution in each of the cases is a purely individual matter.
A police outfit arriving on call records the excess of the noise level and reflects this in the relevant act. Then the case goes to the precinct. The duty is to arrange a conversation with violators as part of the prevention of further relapses. If the rules of the law are ignored regularly, neighbors have every right to be fined.
We go on instances ourselves
You can also contact the district police officer personally. To do this, you should go to his appointment and submit an application in which there will be signatures of all dissatisfied neighbors. Collective attendance is not required to file such a complaint.
At the same time, it makes sense for the residents of the apartment building to pay a visit to the HOA or the management company with similar complaints. The result of a particularly stubborn struggle may even be the forced eviction of a noisy neighbor based on regular violations of the law. Although it should be clarified that the solution of this issue is impossible without a court order.
In any case, the key to success is perseverance and a firm desire to complete the just cause of the struggle for your legal right.
If none of the above methods yields a result, there remains only the option of contacting the judiciary. Filing a claim requires supporting documents. When sending applications to the SES, Housing Office, Homeowners Association, the district police officer, leave yourself second copies. This is the evidence base that will be required for a demonstration in the courtroom. It consists of copies of all the statements mentioned, an examination certificate to identify the noise level, witness statements. Audio and video recordings of sounds coming from neighbors will not interfere at all. Moreover, the video should record the time of day when the noise took place.
Most often, based on the results of the consideration of such a claim, the court imposes a fine on the offender. A more serious measure that can be sought is its forced eviction. But, unfortunately for the plaintiff, this rule applies only to tenants. When it comes to homeowners, eviction by law is not possible.
How to make a statement
A statement about the violation of the regime of silence in Moscow (or any other city) addressed to the district police officer is written in his presence. There are ready-made forms for this. If it is difficult to complete them, the district police officer can and must help you. If there is no time or opportunity for a personal visit, such a statement can be written at home and sent by mail. The same applies to calls to any similar structures.
The application form is free. According to the rules for processing any business document, it is written in the first person in a simple and clear language, without the use of complex literary forms. Since this is an official appeal, the writing style should be appropriate. The statement consists of several parts - the introduction (commonly referred to as the heading), the main text containing the semantic load, and the conclusion with the date and signature.
A written application can be handwritten, as well as typed on a computer. Do not forget to check the availability of its main details - the names and addresses of both the recipient and the applicant, the name of the document itself, the essence of the problem, signature and date. If you can’t make such a paper yourself, you can download the sample on the Internet - there is no problem with that now. In this case, you will avoid possible inaccuracies and get the right basis for contacting the precinct.
Form fill it
In the upper left corner the full name of the police station where your document arrives is indicated with the name of the district police officer. Below is the applicant’s data (full name, contact phone, address and email). The content must necessarily be in the description of the problem with the fixation in time. It is imperative that references are made to the points of law whose violation has occurred.
The result of this part should be a statement of the request, that is, a listing of the actions that are required of the precinct. The optimal size of the document is no more than one or one and a half pages. You should not turn it into a school essay (this does not apply to compliance with grammar standards). By all means, avoid using vulgar or vulgar turns, not to mention obscene expressions.
The statement should not contain insults to violators, as well as subjective value judgments. The writing style must be dry, concrete, exclusively business in order to emphasize respect for the letter of the law and specific representatives of law enforcement agencies.
Mandatory elements of the application - the date of writing and your signature, next to the last decryption is necessary in the form of a full name. If necessary, supplement the application with the list of applications that you are ready to provide - photo and video materials, audio recordings, etc. Like any document, your appeal must be registered. Do not forget to follow this.
About fines and penalties
What to expect for those who do not comply with the regime of silence in the Moscow region since 2016? This type of violation is administrative. The usual sanction for this type of misconduct is a fine. Its size has recently grown significantly. According to the articles of the law, law enforcement officers must first issue a warning. If there is no reaction to it, a monetary fine follows.
Both individuals and legal entities can be punished for violating the law on silence in our country. The differences are in the larger amount of the fine levied on the latter. If your noisy neighbor pays the amount within 500 rubles, then the organization or individual entrepreneur can be fined up to 40 000 rubles. In addition, there are more serious consequences for them. The court may oblige the organization to stop working within three months.
The figures above do not apply to cities of federal significance. The regime of silence in Moscow and the cultural capital "costs" more. In St. Petersburg, violators have to fork out more than in the regions. The average citizen "shines" to pay from 500 to 4,000 rubles. from one’s own pocket, to a legal entity - up to 50,000 rubles. In case of repeated violation, the amount will increase even more.
They will be fined even more noticeably for non-compliance with the regime of silence in the Moscow region and in the capital. Monetary punishment can hit the company or organization with a ruble over a wide range - from 10,000 rubles. up to 300,000 rubles., the official has to part with the amount of 500 to 40,000 rubles.