It is the legal basis for verifying the circumstances and facts specified therein. The document is drawn up in such a way that its content reflects the essence of the legal relationship that has arisen with another entity. A sample application to a district police officer is not specified in regulations, but it must contain all the necessary details.
How to write a statement to a local police officer
The application to the district police officer is submitted to writing, or orally, but everything said must be recorded verbatim official and signed personally by the citizen-applicant. In addition, any application, in order to guarantee its consideration, is registered in the appropriate manner at the duty station or with the local inspector.
In cases of drawing up an application independently, it should be noted that the document must be drawn up competently and clearly, containing a maximum important information. The application is addressed to the district inspector or directly to the internal affairs bodies, where it is reviewed by the head of the unit and sent to the district inspector for further consideration.
In the upper right corner it is indicated to whom the application is addressed, specifying the position and full name; exact details of the addressee can be issued at the office of internal affairs. Below you must indicate the information of the person submitting the application, that is, the applicant’s full name, actual address and telephone number. It is certainly worth noting here that anonymous applications are not accepted for consideration, except in certain cases when they contain information about a serious crime.
After filling out the top part of the application, we proceed to describe the essence of the application. It is worth noting here that the content of the application must indicate as specifically as possible the details of the event that occurred - place, day and time, circumstances of the case.
The statement to the local inspector should not contain your guesses and conjectures, but only what you yourself witnessed. If there are other eyewitnesses to the incident, their details should also be indicated.
Once the statement has outlined all the events and the nature of the problem, you can indicate the measures that you want to be taken against the offender. But here it is worth remembering that measures will be taken only in accordance with legislative framework RF. At the end of the application it is necessary to indicate the date of submission of the application, the signature of the applicant with a transcript.
In order for you to be guaranteed to receive a response to your appeal, you can send it by registered mail to the Department of Internal Affairs or submit it yourself with official registration and receipt of the corresponding receipt stub.
According to Russian legislation, the period for consideration of an application ranges from 3 to 30 days, and directly depends on the circumstances presented.
What form should I use to write a statement against my neighbors to the district police officer?
You can submit a complaint against your neighbors to the district police officer in any form: oral and written. In the case of an oral complaint, the district police officer himself writes down everything you said, and you just sign. If you are making a complaint in writing, you need to write a statement.
The application header is located in the upper right corner and looks something like this:
Senior district commissioner
2 police departments of the Admiralteysky District Department of Internal Affairs
Ivanov Ivan Ivanovich
from citizen Alexandrov
Alexander Alexandrovich,
residing at:
Saint Petersburg,
Voznesensky Ave., 57/127, apt.XX
contact phone 8-921-999-99-99
In this case, we indicate the address of our actual residence, and not the place of registration (registration). The surname, first name and patronymic of the district police officer can be obtained from the duty officer at the police department.
If there are eyewitnesses or witnesses to the incident, provide their details (at least name and apartment number). If your neighbor regularly disrupts the order, be sure to mention it. If you don't know the name of your troublesome neighbor, provide his address.
After describing the essence of the problem, write: “Please apply everything possible measures to citizen so-and-so and inform me about the measures taken." Sometimes neighbors who rent an apartment from private owners cause concern. In this case, you can write: “I ask you to evict the tenant temporarily residing in apartment No.... under the rental agreement and inform me about the result."
Under the statement on the right bottom corner Put the date of application, below the signature and next to the surname and initials.
It is important to know that any application must be registered with the duty officer or the district police officer. In this case, you must be given a receipt (check) for registration indicating the time and date.
If you come to the police department with a statement, and the officer on duty tells you that the local police officer is open on such and such a day from 3 to 7, submit an application to the officer on duty. He is obliged to accept and register it. The district police officer, if he has any questions, will contact you later.
Sample application for neighbors
This document is completed as follows:
To the local police officer of the district ______________
address____________________
from citizen ______________ (full name)
resident _______________________
telephone___________________________
Statement
On October 20, 2007, my neighbor, who lives in apartment No. ____, located next to mine, turned on the music at a very high volume while my family and I were relaxing. After that, I rang his doorbell and tried to explain that he couldn’t do this because he was violating our interests. To this, the latter explained to me that he was not doing anything illegal and had the right to turn on and listen to rock from early morning until late at night. I tried to object to him and pointed out the norms of the Constitution, but he did not listen to me anymore, swore obscenely and closed the door.
According to Art. 20.1 of the Code of Administrative Offenses, the actions of my neighbor from apartment No. ___ are a violation of public order, which cause obvious disrespect for other people, supplemented by obscene expressions in public places. Therefore, his actions can be classified as petty hooliganism.
Based on the above, I ask that citizen _______ (full name) be held accountable and the provisions of the Constitution explained to him. In the event that you refuse to intervene in the arisen conflict situation, I demand that you give me a written response to my appeal.
Date ___________ Signature ___________
It is also worth noting here that the application must be drawn up in two copies. One of them is handed over to the police department or directly to the inspector himself at the station. Here it is also necessary to ensure that the second copy is stamped with a receipt indicating the date and signature. Such an application can be considered within three days to a month. Everything will depend on the specific circumstances set out in it.
If you haven't taken action
If the first appeal to the district police officer remains without progress, then you can try to write a statement again. At the same time, describe the violation of legal norms in more detail. You can also file such a complaint with Rospotrebnadzor or the city administration. This is especially effective if the unruly citizen occupies public housing. A sample of how to write a statement against neighbors who are disturbing the peace can be taken at the reception or at the police department. Although it is better to write it yourself, simply describing the situation in more detail. The document should look like this:
To the district commissioner __________________
Department of Internal Affairs of a city or region __________________________
address_________________________________________
from citizen ______________________________
residing_________________________________
contact number __________________________
Statement
I, __________ (full name) am the owner of the apartment, which is located at:________________.
There is a young woman living next door to me who plays music and TV very loudly every day at five o'clock in the morning. She does not respond to my requests not to disturb the peace of the residents.
In accordance with the SanPinov table, the sound level during the day should not exceed 40, and at night 30 dB.
Law dated 00.00.00 No. ________ states that those who disturb the silence of other persons may be subject to a warning or a fine in the amount of 1000 to 2500 rubles.
Living in an apartment building means inevitably being in close proximity to other people. They are not always calm and balanced. Added to this is poor sound insulation in apartments and as a result we have to listen to screams, noise, loud music, etc. not only during the daytime, but also at night.
In many regions, there are laws that regulate the hours when peace should be ensured in residential buildings and noise should be kept to a minimum. This is necessary so that citizens can sleep peacefully and regain strength. This is especially important for families with small children. If during rest hours the neighbors do not want to calm down, you can find justice against them by writing a statement to the local police officer about the neighbors disturbing the peace and quiet of citizens (a sample can be downloaded below).
If we talk about violating silence during the daytime, then, for example, in Moscow certain hours are stipulated (in particular from 13ºº to 15ºº daily) when it is prohibited to listen to music loudly and make renovation work V non-residential premises Houses. To prove that your neighbors are too loud during the day, you will need to take noise measurements and be guided by sanitary standards. Loud noises at night are regarded as an encroachment on the peace and quiet of citizens.
In what cases will noise from neighbors be considered a violation of the law?
The following cases are violations of the law regarding excessive noise levels by neighbors:
- loud sounds of music, screams, sounds from construction work and other annoying loud moments during the period of time when the peace of citizens should be ensured - from 23ºº to 7ºº hours (regional authorities have the right to establish other time frames in their territories);
- any sounds exceeding the background noise level set for daytime at 40 decibels, for nighttime at 30 decibels.
It is worth noting that one-time incidents of noisy behavior from neighbors can sometimes be forgiven, understanding that joyful events and parties can happen to everyone. But when it becomes a system and significantly affects the comfort of citizens, it is simply necessary to fight it.
You can start by talking to your noisy neighbors and calling them to their conscience. Although this rarely causes the desired reaction. Usually the only response you can get is screams, threats or indifference. All that remains is to complain so that the competent authorities can take action and calm down the neighbors.
Where to complain?
If your neighbors violate their rights to peace and quiet, you can bring them to administrative or civil liability by contacting the police or court.
1. Administrative responsibility.
The actions of noisy neighbors at night is an administrative offense that entails measures in the form of a warning, and then the imposition of a monetary penalty in the form of a fine of 500 - 1000 rubles (Article 6.4 of the Code of Administrative Offenses of the Russian Federation). Its size may vary in regions and is established by law. For example for:
- In Moscow, the fine is 1,000 - 2,000 rubles;
- St. Petersburg 500 - 5,000 rubles.
In order to hold your neighbors accountable, you will need to call the police or write a complaint to the local police officer. Then a protocol will be drawn up regarding the fact that the peace of citizens has been disturbed.
2. Civil liability.
If the noise from neighbors has become so annoying that it has led to a lawsuit, then the plaintiff may demand compensation for moral damages resulting from the actions of the troublemaker. An extreme measure of influence may be the requirement to evict such neighbors.
How to write an application + samples 2019
The first measure of influence on citizens making noise in the neighborhood is a written complaint to the local police officer. Why written? Because you can’t attach a word to a deed, but bring it to administrative responsibility It is possible only according to the document.
Please note that there is no strict form for the application, so you can draw it up in any form yourself or with the help of a local police officer. The main thing is to clearly state the essence of the complaint, the reason for the appeal and refer to the letter of the law.
Most often indicated as follows regulations, points of which are violated by restless neighbors:
- Constitution of the Russian Federation (clause 3 of article 17);
- Decree of the Government of the Russian Federation of January 21, 2006 No. 25 “On approval of the rules for the use of residential premises”;
- Code of Administrative Offenses of the Russian Federation (Article 20.1), if a neighbor insulted you by swearing obscenely.
Claims against a noisy neighbor can be confirmed by the testimony of other residents of the house, which can be stated in any form and signed by everyone dissatisfied with the behavior of the intruder. If you called the police at the time of shouting, scandals or a noisy party, they are required to draw up a report. It can also be attached to the application.
The application must contain the following details:
- the addressee to whose address the complaint is sent (in our case, this is the title of the district police officer and his full name);
- details of the person submitting the application indicating full name, home address and contact telephone number;
- listing facts of violation of regulations and indicating them;
- please take action against neighbors who disturbed the peace, indicating their exact address and, if possible, full name;
- attach evidence of your words (if available);
- At the end the date of the complaint and signature are placed.
Download sample statements to the local police officer against neighbors:
Sample application to a local police officer regarding noisy neighbors at night
Sample statement to a district police officer regarding damage to property
Sample application to the district police officer regarding neighbors who are alcoholics and rowdy
Sample application to the district police officer regarding smoking neighbors on the landing
The district police officer has 10 working days to consider the application. During this period, he is obliged to go to the specified address, conduct a conversation with citizens, and draw up a report. If, after the specified time, no response to the complaint has been received, you have the right to contact the prosecutor’s office, pointing out the inaction of a law enforcement officer.
A complaint about noisy neighbors to the district police officer can be made from several dissatisfied neighbors, then it will be collective. In this case, all initiators of the proceedings should be listed in the header of the document:
- their full name, address;
- Contact phone numbers.
And at the end of the application there is a signature and transcript of everyone.
Collective complaint against neighbors to the district police officer, sample 2019 —
In any case, you should adhere to the rule that brevity and conciseness are important. The text should be enough to draw conclusions about the essence of the problem. Here, be sure to pay attention to the fact that you have already tried to talk with restless neighbors and resolve the issue yourself. As well as the dates and times of contacting the police, their arrival and the result of their intervention.
If you want to report noisy neighbors, you need to take into account that anonymous complaints are not considered by the local police officer. Therefore, it is mandatory to provide the applicant’s details.
How to properly apply for neighbors?
The completed application must either be copied, if written by hand, or printed in duplicate. When submitting the application and supporting documents to the district police officer, he is obliged to register it, indicate the date and number on both copies. One of them remains in the hands of the initiator of the complaint. It is from the date of registration that ten working days for a response should be counted.
A written statement can be submitted to the district police officer in the following ways:
- in person during public reception hours;
- send by mail, but at the same time issue it by registered mail with notification in order to receive a stamp on the date of delivery.
During the period of time allotted for consideration of the complaint, the district police officer is obliged to visit the apartment with troubled neighbors, interview them, talk with other residents of the building in the neighborhood and draw up a report. It will be the answer to your request.
Instructions
Before taking action, try talking to troubled residents in person. Sometimes people don't even realize that their entertainment is disturbing others. At the same time, you will find out who exactly is making noise. In apartment buildings, the sound comes in the most bizarre way and it may turn out that those who disturb the silence are not at all those whom you thought.
Find out if the noise is disturbing other neighbors. Perhaps they are simply suffering in silence. Then get their consent that, if necessary, they will confirm the fact of repeated violation of silence.
Noisy neighbors do not want to listen to your requests, continuing to play loud music and have late-night parties? You should not go to them with exhortations - this is not only useless, but also dangerous, because parties are usually not without alcohol. Why do you need to find out the level of adequacy of drunken residents?
Make it easier - in the midst of the party, call the district department of internal affairs (ROVD). If you don’t know the phone number, dial “02” - they will tell you or answer on their own. Ask to deal with the violators of the night silence. Usually the police respond quickly. Please note that conversations are recorded. Therefore, if you are refused help, insist. Be sure to introduce yourself, give your apartment number and the apartment number of the offenders, as well as the intercom code.
The police will arrive quickly. But he will be able to influence those making noise only if the door is opened to him. If this does not happen, demand that a protocol on the call be drawn up and certify it with your signature.
The task of the district police officer is to conduct a conversation with the violators and explain to them the incompetence of such behavior. If his actions do not have any result, write a statement to the district police department, and if necessary, then to higher organizations. The main thing is persistence. For each new application, attach copies of the previous ones, and in the text state all the measures you have taken on this issue. An application to the district office wouldn't hurt either.
The next point could be court. Contact the district court at your place of residence with a claim to suppress violations by your neighbors. This is practically a win-win deal; the neighbors are guaranteed. First small - up to . But all subsequent violations of silence will be regarded as malicious repeated violation. The fine is doubled. As a result, malicious hooligans may face an eviction lawsuit. But it usually doesn’t come to this. Most are still at the stage of conversations with and fines.
note
Don't try to deal with noisy neighbors on your own. Cutting wires, damaging doors and mailboxes, as well as fist fights can change places between you - they will become the victims, and you will be the guilty party.
Involving other neighbors is desirable, but not required. If it happens that noisy residents only disturb you, your rights are still required to be protected by all authorities where you turn.
Sources:
- statement about violation of silence
If you are tormented by neighbors' drunken brawls behind the wall or loud music at night, then perhaps it's time to write statement addressed district police officer inspector. Try to do this correctly.
K, it is not at all necessary to address it specifically to the local inspector, although no one can prohibit you from doing so. The fact is that all applications and appeals from citizens received by the internal affairs bodies are first reviewed by the head of the department or one of his deputies. It is he who decides who exactly to entrust the consideration of your issue.
In any case, you will have to formulate your appeal. But first, in the upper right corner of the sheet, indicate to whom you are addressing statement, writing his position, surname and initials. The office of the internal affairs agency or the duty station will help you do this correctly.
Please also indicate who it is coming from. statement(your first and last name, address, contact phone number). Alas, anonymous statements are taken into account only in cases where they contain clear information about a serious crime.
Now confidently insert in the center of the sheet " statement"and describe the essence of your appeal. You need to try to indicate what exactly, the place, day and time of the described violation or incident, its specific circumstances. Write only about what you have seen or heard yourself - conjectures and conjectures, as they say, are of no use.
You can indicate what measures you think should be taken against those who violate the order. However, remember that the decision to apply administrative or other legal measures will be made by the head of the internal affairs agency in accordance with the law.
Put it under statement m signature with its transcript and date. The consideration of your application will take from three days to a month, depending on the specific circumstances that may qualify the violation of the law you described.
To be guaranteed, you should send statement by registered mail to the relevant internal affairs body. You can also attribute it yourself statement to the office of the authority and officially register your appeal, and you must be given a receipt for the registration of the document indicating the date of registration.
And finally, remember that the facts you present should, if possible, fully and clearly describe the situation and be reliable.
Video on the topic
note
Your application can be submitted to the local inspector orally. He is obliged to write it down from your words, after which you put your signature. Request that the application be duly registered at the authority's duty station or secretariat. This will ensure that your application will be considered.
In any family there are various situations, in which it may be necessary to prepare documents for eviction V judicial procedure. But it's correct to write statement on eviction getting someone out of an apartment is not as difficult as it might seem at first glance. If you are being evicted, do not despair - specialists will solve your problems.
Instructions
The court is subject to eviction of citizens who voluntarily do not want to be deregistered and who by their actions interfere with the legitimate owners of the premises. Therefore, before statement, make a list of claims and collect the necessary evidence so that the court has grounds to initiate a civil eviction case.
If possible, use the services of a notary or. Before going to court, contact the civil registry office, the justice department, the BTI and the passport office at your residence for the following documents:
- certificate F-9 about the presence of the evicted citizen (defendant);
- certificate F-9 about the registration of the plaintiff (plaintiffs);
- receipt of payment of state duty.
The application must be submitted to the person being evicted. In the application, be sure to indicate information about his current place of residence and a new address, on the basis of which an extract will be issued in the passport.
If statement An eviction has been filed against you, prepare for the court hearing by collecting the following documents:
- certificate F-9 about registration;
- certificate F-7 on the technical condition of the living space;
- agreements, contracts, other obligations of the parties;
- documents evidencing family relationships;
- other documents related to the case under consideration.
Helpful advice
Are you being evicted? court decision or based on a verbal agreement, consult with an attorney to take next steps to resolve the situation.
If your neighbors are not amenable to re-education and continue to ruin your life with loud music, constant shouting and a hammer drill working all day long, there is only one way out - write a statement to the local police officer so that he takes action against unruly citizens.
Instructions
Collect evidence that your neighbors are maintaining public order and are interfering with daytime recreation. This can be written evidence from others, audio and video materials, recorded facts of damage to yours (for example, elevators, mailboxes, etc.). Please note: even if the residents of the neighboring apartment make noise only during the day, then exceeding the volume level of 70-80 dB can already be considered administrative, provided that such actions are systematic.
Talk to neighbors who are disturbing the peace in last time. If the arguments you gave do not find understanding with them, contact the district police officer, having previously informed them.
Indicate in whose name you are making the application (title, full name). Write on behalf of whom the application was made (your full name and home address). Ask to take action against neighbors by indicating their address. Provide facts of violations and be sure to refer to the relevant articles of the Constitution, the Housing Code and the Code of Administrative Offenses of the Russian Federation.
Ask the local police officer to respond to your application. He will be obliged to do this within 10 days from the date of your application. Attach to your application all the evidence you have collected of systematic violations of public order by your neighbors. The application must be drawn up in 2 copies.
The district police officer is required to sign and indicate the registration number on each copy of the application. If appropriate measures are not taken against your neighbors within 10 days, contact or ask others to make a collective appeal to your police department.
It is worth immediately noting that there is no universal intercom code. The code for a specific intercom can be found by contacting the installer of the device. If you don’t have time for this, you can use following instructions.
Instructions
Vizit intercoms are more reliable, and therefore one of the most popular. Their codes are highly diverse. Sometimes the asterisk and hash mark are missing from the keyboard, and in their place are the C and K keys, respectively.
If the installer has not changed the standard settings of the Vizit intercom, then the door should open when you enter the code *#4230 or 12#345. For newer versions, the combinations *#423 or 67#890 are suitable.
If the above codes do not work, you can open the door using the service menu. To do this, dial combination #999. Then wait for two short beeps and enter the master code. The default master code in Visit is 1234. If after this you hear one short signal, then the master code is entered correctly. If the signal was two-tone, no. In this case, try the following code variations: 12345, 0000, 9999, 3535, 6767 or 11639.
From the service menu you can open the intercom door. To do this, press the following key combination 2-pause-#-pause-3535.
To exit the service menu, press the * key. The # button is used to confirm changes made to the intercom program.
Also, problems may arise with the Vizit BVD-3xx intercom. This model does not have a display or LED indicators. To open such a lock, go to the service menu, as indicated in the previous paragraph, and then press 1.
It is not possible to match the code to the intercom model Vizit BVD-34x. You can distinguish him by his left-sided receiver.
note
Any person may experience such a situation that he will have to use these recommendations. But it is worth remembering that opening an intercom for personal gain is punishable in accordance with the criminal code.
Sources:
- how to find a code for a lock
If for some reason your neighbors are annoying you, you can take action and write to them statement V police. After waiting for another noisy night, call the squad
Living in any apartment building can be marred by uncompromising neighbors who do not care about other residents and disturb the peace with their actions. Therefore, when buying an apartment, it is important to pay attention not only to the condition of the apartment and the entrance, but also to the people who already live in it. The most common complaints are noise from construction equipment, loud music, and family squabbles. It’s great if you can come to an agreement with your offending neighbors. But if you can’t do this, then you have to turn to specialists for help. In this case, all actions begin with writing a complaint.
Collective complaint against neighbors
What problems with neighbors spoil our lives the most? There are not many of them, but any of them can cause serious harm. For example:
- Major repairs are a serious stress for neighbors, especially in Soviet-era houses. And it’s not just about construction electrical appliances that work without interruption. When renovating an apartment, the driveway is almost always occupied by large bags of garbage (boards, foam blocks, tiles, boxes, linoleum, laminate flooring torn out of the floor).
- Another case is when neighbors are simply too lazy to take out household waste, especially in a house where there is no garbage disposal. They don’t want to keep extra bags in their apartment, and then such neighbors accumulate garbage near staircase between floors. It happens that neighbors are not at all going to clean up the trash in the entrance.
- There are other situations when adults cannot cope with keeping pets, and their apartment emanates bad smell. This mainly happens to single people who acquire a large number of cats and dogs. It also happens that pets released without a leash can bite someone passing by. Or the loud barking of a dog can cause a storm of indignation from neighbors.
Flooding
It's constantly pouring from the ceiling, and now all the repairs are down the drain. IN in this case You don’t need to start solving the problem right away by sorting out the relationship with the offender, otherwise you won’t achieve anything. First of all, you need to call the emergency service, record the fact of flooding and fix the leak. This is the most important nuance that will play in your favor during further proceedings. IN best case scenario the perpetrators must compensate for the damage caused to the property in the apartment below, otherwise they will have to go to court.
If the flooding affected more than one apartment, then the neighbors can write collective complaint.
Noise, showdown
If you are lucky enough to live next to alcoholics or rowdies, then in case of regular noise, parties, loud music or fights, you must call the police. You don’t need to wait until the morning to write a complaint to the local police officer; you can safely call 02 and call for a squad.
Where can I file a complaint against my neighbors?
It all depends on the type of violation. Each case is considered individually. For example, after visiting one authority to sign an appeal, you will need to run to the second, third, and so on. It's good if in every government agency will actually do their job and not put the letter away.
At any difficult situation You can write a complaint to the district police officer about your neighbors. This is the simplest and common option, especially at the beginning of the “war” with neighbors. The district police officer is obliged to familiarize himself with the complaint received from the victims and must respond to it immediately. In this case, the district police officer visits " problem apartment", then he must interview all the neighbors in the entrance and draw up a report.
To the prosecutor's office
If there is no action on the part of the district police officer to resolve the problematic situation, then you can contact the prosecutor’s office. In this case, you must take a written refusal from the district police officer and go with him to higher authorities.
To the sanitary-epidemiological service
This organization will help solve the problem of eternal dirt in the entrance, dog excrement in the flowerbed - all these are epidemiological violations. It would be good if the complaint was accompanied by a protocol that was previously drawn up by the district police officer.
To the fire service
This is one of the options when flights of stairs and interfloor landings are occupied by a variety of rubbish (garbage, frames, furniture). The reason for contacting the fire inspectorate is quite simple - these clutter can complicate the evacuation of people in case of fire.
To the administration
In most cities, you can send a complaint to the district administration directly at e-mail or by registering on the official website of the authority. This does not mean at all that deputies and heads will certainly take up this appeal. However, specially trained employees will deal with complaints and direct them to the right place.
In many cases the situation can help Rospotrebnazdor. By calling the hotline, you can quickly solve the problem that has arisen and get the necessary advice.
How to correctly write a collective complaint against neighbors to a local police officer? Sample
Collective struggle has always been the most effective method in the "war" with violators of public order. There is no single template for writing a collective complaint, either to the police or to the administration. But there are several standard rules. They are not registered anywhere, but they are quite effective over many years of existence" lawless people"and seekers of truth. When writing a statement, you must rely on the following nuances, which are indicated in the sample collective complaint against neighbors:
- The neighbors are told by the district police officer that the appeal must be written to the point, without unnecessary color or exaggeration. Only facts should be described to neighbors.
- According to the sample, the application to the district police officer should be short and clear. Sentences should be short and clear.
- The appeal must be reasoned. One case is when you simply feel hostility towards a person, another thing is when he violates your rights.
- The written appeal must be drawn up correctly. The application must not contain errors.
- If possible, attach audio and video materials. If someone's car is parked on a playground, for example.
- With specific requests. For example: “We ask you to oblige your neighbors to eliminate these violations within a period of time before...”.
Correctly addressed. There is no need to write to all inspections at once, where they will answer. It is necessary to contact only certain bodies that are qualified by this type problems. If there are doubts about the correctness of the choice of addressee, it is worth writing in addition: “We ask you to forward our appeal if this body is not authorized to resolve such issues.”
An individual complaint is drawn up according to the same rules as described above.
What should be in circulation?
An approximate example of a collective complaint against neighbors can be found on the Internet and downloaded. The application is usually written in free form. A written appeal must consist of three parts:
- introduction, initial part;
- main part;
- final part.
A sample of a collective complaint against neighbors to the police can also be found on the Internet or you can ask for a paper version from your local police officer. can write a written appeal based on the words of the residents, after which it must be signed. If there are difficulties in drawing up a statement, a lawyer will help solve the problem and show you how to write a complaint correctly.
What information must be provided when writing a collective complaint to a district police officer?
The sample application to the police contains the following information with which you can write a complaint:
- The name of the company or organization to which the complaint is being filed.
- The position of the head of the institution, his initials.
- Full name of the people filing the complaint, their signatures.
- The house number and street name whose residents are filing the complaint.
- The house number and street name of the neighbors who are causing problems.
- Specific and detailed description the essence of the treatment, mentioning all the details.
- List of people who participated in writing the appeal.
- Date, month and year of filing a collective complaint against neighbors.
Features of writing a collective complaint
In the example of a collective complaint against neighbors, it is clearly visible that more “we” pronouns should be present. Since the statements come not from one person, but from several (society). When writing an appeal, it is necessary to make references to articles and norms of current legislation. According to the sample, a statement to the police is drawn up in two copies. One application is sent to the appropriate authority, the second remains with the residents of the house.
You can submit a complaint in two ways:
- directly to the addressee, through the secretary;
- by mail or registered mail.
Deadlines for filing and consideration of a collective complaint
According to Art. The police officer must make a decision on the collective appeal (the district police officer is given about three days to do this).
If there is an official request from the local police officer, the police chief has the right to increase this period to 10 days, in accordance with Part 3 of Article 144 of the Code of Criminal Procedure of the Russian Federation.
Consideration of a collective complaint by the prosecutor's office takes up to thirty days from the date of receipt of the appeal.
Among the residents apartment buildings drinking people occur quite often.
They cause a lot of inconvenience to neighbors that they have to endure. And most citizens do just that, believing that it is useless to fight alcoholic neighbors.
Meanwhile, in such situations, the law still stands on the side of respectable residents. IN Housing Code of the Russian Federation (Article 17, and), the Civil Code (Article 293) and the Code of Administrative Offenses of the Russian Federation (Article 7.21) provide for protection measures from noisy and other inconvenient neighbors.
A neighbor who is an alcoholic, on the basis of these laws, can be punished administrative warning, fine, eviction, and even deprivation of living space. Eviction is a last resort, and the procedure depends on the basis on which the rowdy lives in the given living space. Read what legal methods exist to deal with troublemakers.
First steps towards eviction
How to get rid of a drunk neighbor?
It is unlikely that it will be possible to resolve the issue peacefully, since conversations and appeals to the conscience of a person with inappropriate behavior are practically useless. Simply presenting a claim will most likely cause aggression on the part of the drinking citizen. Therefore, you can only talk to him when he is sober.
IMPORTANT! Under no circumstances should you use physical force on an alcoholic. Your actions will be regarded as hooliganism, and this is already a violation of the law on your part.
Every violation from a noisy neighbor costs stop with the help of the police. You can call squads or ask the local police officer for help. By the way, your joint actions to solve the problem with other residents of the house.
Collective complaints will have a greater effect, and the district police officer will be forced to actively respond to them. Read about how to correctly write a statement to a district police officer.
All your requests compose in in writing, keep copies or individual copies of complaints to the police. This will be your first step towards completely getting rid of your unwanted neighbor.
Of course, count on fast decision problems cannot be counted on. Therefore, be patient and do not deviate from your intended goal.
If the police don't help
Often in such situations, police officers are reluctant to respond to citizens' requests.
There are even cases of ignoring squad calls at night. In such a situation, you should complain to representatives of the Ministry of Internal Affairs.
Complain about negligence official duties should go to the prosecutor's office.
To avoid police response to you, make all statements in duplicate.
Compose the header of the application, addressing directly two addressees: police officers and prosecutors.
Procedure depending on housing status
There are factors that influence the specific procedure for eviction of an alcoholic from a residential premises. How to evict an alcoholic:
- From council housing
The owner of municipal housing is the city or rural administration settlement. Resident of such an apartment obliged to comply with the terms of the social tenancy agreement, on the basis of which he occupies a similar living space.
An alcoholic can be evicted from an apartment owned by the authorities on the following grounds:
- failure to pay utility bills for six months;
- inadequate sanitary and technical condition of the apartment provided to the tenant;
- residence in an apartment of strangers without registration.
- From your own home
It is much more difficult to evict an alcoholic, even one who maliciously violates the norms of cohabitation. Find out how. It is more advisable to act in these circumstances with the involvement of a competent lawyer, otherwise all attempts will be in vain.
As in other cases it is necessary complain to the Ministry of Internal Affairs for every violation of order. Contact the SES with a complaint about the poor condition of the apartment.
But the only one in an effective way will be collective appeal to court. Only this measure will give a chance to move the drunkard away from you.
IMPORTANT! Unlike eviction from public housing, expulsion from your own living space is impossible. The regulations for actions in this situation are contained in Article 293 of the Civil Code of the Russian Federation.
In these circumstances, an appeal from the governing bodies can be truly effective. apartment building: HOA, management company or bodies local government. In the presence of reasoned evidence, the court will most likely rule in favor of those filing a claim.
You will have to go to court twice. First, the court may issue a warning to the alcoholic neighbor, demanding that he stop the violations and bring his own home into proper condition.
It is unlikely that a degraded person will fulfill these requirements. After the period for correcting the situation has expired, a second application will be required. After this, the alcoholic will most likely be evicted. Housing is put up for auction and the owner, having received them, can purchase another apartment.
IMPORTANT! It is worth considering that, according to the Civil Code of the Russian Federation, the court is unlikely to evict the owner from his only home, unless it is a mortgaged premises. In this case, the court may side with the bank.
- From a room in a communal apartment
Based on Art. 83 of the Housing Code of the Russian Federation, an alcoholic neighbor is evicted from a room in a communal apartment on the following grounds: - non-payment for services;
- violation of neighbors' rights;
- inadequate sanitary condition of living quarters and common areas.
You must proceed in the same order: First, file complaints with the police, SES, and Housing Inspectorate. Then, together with other residents of the communal apartment, submit statement of claim to court, demanding to collect debts for housing and communal services and to bring the living space into proper condition.
At cohabitation in a communal apartment, all these requirements must be strictly met, so eviction is quite possible.
The main allies in the process Local authorities will handle evictions from public housing for you. Send complaints to Rospotrebnadzor (SES).
An alcoholic neighbor living under a social contract. rental, is evicted by the administration without providing alternative premises. Your main goal is collection of evidence, that is, documenting your complaints to various authorities and recording the response actions of authorized employees.
How to complain to Rospotrebnadzor and the Housing Inspectorate?
The purpose of complaints to regulatory organizations cannot be a demand to evict an alcoholic neighbor, since these organizations do not have such powers. They should be contacted with a request to conduct an inspection and draw up inspection reports, which you can later use when filing a claim in court.
IMPORTANT! It is advisable that complaints be signed large quantity residents apartment building. It would be useful to have telephone numbers. Collective complaints, as a rule, are not ignored by the authorities.
- Rospotrebnadzor (SES) should be contacted in case of improper maintenance of residential premises. The Housing Code in Article 30 obliges residents to keep common property clean, that is, to comply with sanitary and environmental standards.
If the alcoholic’s apartment is not kept clean, there is an unpleasant smell coming from it, cockroaches and rodents live in it, then Rospotrebnadzor can conduct an inspection and draw up a report. Then the neighbor will be required to correct the deficiencies.
- A complaint to the Housing Inspectorate is made in case of inadequate technical condition of the premises. If pipes in a neighbor’s apartment periodically leak and the apartments on the floor below are flooded, regulatory authorities can draw up inspection reports and demand that accidents and leaks be eliminated.
For more information on how to make an application to various authorities, read this.
Algorithm for filing complaints
The application-complaint has a standard form, like any application. The text is compiled in any form; only a few points should be taken into account:
- A single complaint is filed from several affected persons at once.
After the surname and position of the person in whose name the document is drawn up, list full name all those dissatisfied with the actions of persons.
- To provide an answer, the address of one of the residents of the house is offered.
- State, point by point, the specific situations that have developed with each of the residents.
- Indicate the articles of the law that are violated by the actions of the alcoholic neighbor.
- Be sure to include your requirements at the end. Indicate specifically what, in your opinion, law enforcement officers or inspectors of the organizations you are contacting should do.
- At the end of the collective complaint there must be the original signatures of each applicant.
A complaint to any authority is drawn up according to this sample.
Be sure to draw up the complaint in two copies and get the signature of the receiving person on yours.
How to file a claim in court?
requires citizens living in residential premises to respect the rights and interests of neighbors.
The disorderly behavior of alcoholics is grounds for their eviction from the premises. Therefore, a claim to evict a noisy neighbor is completely legal.
The main condition that the court may take into account is systematic violations.
Only in this case can the judicial authorities decide to apply an extreme measure of influence - eviction.
Your task - prove to the court that no other measures you took had any effect, and the neighbor continues to disrupt the order and thereby infringe on your rights. All work done before going to court must be documented.
The package of documents when applying to court must consist of:
- Complaints you file with various authorities. Each must bear the signatures of the persons who accepted the application and the date of receipt.
- Inspection reports from the Housing Inspectorate and SES, copies of which must be required from the authorities conducting inspections.
- Copies of resolutions of the administration and management companies.
- Certificates from the Criminal Code about the presence of arrears in payment of housing and communal services.
- Copies of police reports.
Only the presence of written evidence of the futility of attempts to influence can give a chance to hope for a positive court decision, therefore documents must be prepared with special care.
Having collected all these documents, file a class action lawsuit. In the statement, set out point by point all the episodes for which you have evidence, referring to the articles of the laws violated by your neighbor. At the end, state your demand to evict the citizen from the apartment.
Thus, it is possible to evict an alcoholic neighbor only through the court and only if the apartment is not his own only living space or he lives in a municipal or communal apartment.
In any case, this process is quite lengthy and requires a lot of effort. In addition to problems with drinking neighbors, it may happen that someone is being too noisy in your entrance. Where to complain about, how to write a statement correctly and in, read the articles on our website.
Useful video
The following video shows the eviction of an alcoholic neighbor from an apartment through the court in Severodvinsk: