There are no rules in the legislation of the Russian Federation that directly provide for the obligation of a citizen to provide a reference from his neighbors. At the same time, in all branches of law (not only civil and criminal, but also labor, administrative, etc.), law enforcement and government agencies are recommended to thoroughly study the identity of the person in respect of whom a certain legal issue is being resolved.
In this regard, there are often situations when it is desirable to provide complete characterizing material, including an assessment made by third parties. Sometimes positive information about a person's lifestyle plays a decisive role even in the most difficult life problems.
Characteristics from neighbors in criminal law
The Criminal Code of the Russian Federation obliges the court to investigate data about the defendant. In every case there are always:
- information from the Information Center of the Internal Affairs Directorate regarding the criminal prosecution of the defendant;
- certificates from psychoneurological and narcological dispensaries, which indicate whether the person is registered, with what diagnosis, etc.;
- character reference from the local police commissioner at your place of residence.
Let us note that this list of documents cannot always fully “tell” about the defendant. Often, the district police officer simply cannot provide information on a particular person living in the supervised area. Lack of awareness of the police officer can occur when a citizen does not live for a long time at the place of registration, when the nature of his work is traveling, etc. Usually, local police officers pay attention to “problem” people who have been seen in fights, have a criminal record, etc., while they know nothing about other citizens.
If the documents available in the case file about a person do not contain sufficient information, the lawyer or the defendant, on their own initiative, may provide the court with any other information about the person, including a description of the place of residence from neighbors, an example of which may be as follows:
In the Leninsky District Court of Moscow, Petrova P.P., Volkova I.I., Vlasova A.A., living in building 1 on the street. Lenin, Moscow
Characteristics of Ivanov I.I., born in 1984, living at the address: Moscow, st. Lenina, 1, apt. 1
We, the undersigned, are neighbors of I.I. Ivanov. at the entrance. We confirm that Ivanov I.I. has lived at this address since 2005. During his stay Ivanov I.I. has proven itself exclusively on the positive side.
Ivanov I.I. always takes an active part in public works to improve the house and the surrounding area, is on friendly terms with all residents, and has had no conflicts with anyone.
Ivanov I.I. lives with his wife, has two children, the family is very friendly and hospitable. He has not been found to abuse alcoholic beverages and has no bad habits.
01.01.2016
Neighbors: Petrov P.P., born in 1976, (Moscow, Lenin St., 1, apt. 2), _____ (signature). Volkov I.I., born in 1980, (Moscow, Lenin St., 1, apt. 3)______ (signature). Vlasova A.A., born in 1979, (Moscow, Lenin St., 1, apt. 4)______ (signature).
Characteristic information for employment
When applying for a position, the employer rarely requests a reference from the place of residence. The exception is employment in government agencies:
- military units;
- law enforcement units of the Ministry of Internal Affairs;
- Ministry of Emergency Situations;
Information characterizing the candidate is also requested by the heads of private organizations if the position requires high communication skills and the absence of bad habits.
Such characteristics are usually drawn up not by neighbors, but by the local inspector. However, the written opinion of residents about their neighbor also sometimes helps to defend violated rights. For example, if an employer unlawfully dismisses an employee for systematic absenteeism or alcohol abuse during working hours. Here, the characterization of the neighbors will help to refute these accusations and get reinstated at work through the court.
Characteristics from neighbors in criminal procedural law
Characteristic information about the accused can be provided to the investigator before the case goes to court. Let us note that at the stage of preliminary investigation this is especially important when choosing a preventive measure in the form of detention or house arrest. Judicial practice knows cases where positive reviews from neighbors significantly influenced the decision on whether to keep a citizen in custody or not.
An example of a characteristic is almost the same as we have already given. At the same time, in order to choose a written undertaking not to leave the place of detention, one can focus on the presence of stable family ties and family relationships with the accused. Since only the court decides on the application of coercive measures such as house arrest or detention to the accused, the description should be addressed to the court:
In the Izmailovsky District Court of Moscow Generalova M.P., Verina A.I., Nosova I.K., living in building 2 on the street. Mayakovsky, Moscow
Characteristics of R.R. Rudneva, born in 1990, living at the address: Moscow, st. Mayakovskogo, 2, apt. 1
We, the undersigned, are neighbors of R.R. Rudnev. at the entrance. We confirm that Rudnev R.R. has lived at the specified address since birth (since 1990). During his stay Rudnev R.R. established himself as a caring husband, father and son.
Rudnev R.R. has a dependent elderly mother, Rudneva I.O., born in 1945, who has been paralyzed since 2010. All this time, her son Rudnev R.R. takes care of her, provides her with medicines and care. Rudnev R.R. - the only son of Rudneva I.O., there is no one else to look after her.
In addition, he is dependent on his young son, born in 2012, whom the accused is raising alone, since his wife died suddenly in 2014.
Rudnev R.R. leads a healthy lifestyle, when he has not been seen in dubious companies, other housing besides the apartment. 1 d.2 on the street. He doesn't have Mayakovsky. He has been working for the same company as an accountant for many years.
01.01.2016
Neighbors: Generalov M.P., born in 1970, (Moscow, Mayakovsky St., 2, apt. 2), _____ (signature). Verina A.I., born in 1980, (Moscow, Mayakovskogo str., 2, apt. 3)______ (signature). Nosova I.K., born in 1973, (Moscow, Mayakovskogo str., 2, apt. 4)______ (signature).
The Criminal Procedure Code provides for the possibility of applying a preventive measure in the form of a personal guarantee. This implies taking responsibility for the accused - that is, ensuring his proper behavior, timely appearance before law enforcement agencies, etc.
Neighbors can also take on such an obligation; in this case, you need to write a corresponding petition to the investigator or interrogating officer, similar in form to the sample description provided. The last lines must indicate that the citizens who signed are ready to bail the accused. It would be fair to note that personal guarantee as a preventive measure is very, very rare in practice.
Characteristics of a person serving a sentence
A positive reference from neighbors is extremely important for a convicted person who wants to get rid of his criminal record or shorten his suspended sentence. In addition to other requirements (such as serving half of the sentence), in order to have a criminal record expunged, you must prove your early correction. The opinion of neighbors in this case plays a special role for regulatory authorities, since it contributes to the formation of an objective assessment of the convict’s lifestyle. Information about impeccable behavior, confirmed by residents of the house, may be needed when:
- the convicted person has already served his sentence (it can be anything, including imprisonment) and in accordance with Art. 86 of the Criminal Code of the Russian Federation applies for early removal of a criminal record (characteristics are submitted to the court);
- the convict is serving compulsory, correctional labor or a suspended sentence (characterizing documents are provided to the penal inspection where he is registered).
Since in these cases there must be evidence of correction, in the neighbor's description it is important to focus on a conscientious attitude to work, participation in public events, charity - in a word, to present the facts of gratuitous benefit to society.
Sources:
- https://2ann.ru/obrazec-xarakteristiki-s-mesta-zhitelstva/
- https://juresovet.ru/xarakteristika-s-mesta-zhitelstva-ot-sosedej-obrazec/
- https://blogpravo.com/harakteristika-s-mesta-zhitelstva-ot-sosedej
- https://www.papajurist.ru/job/kharakteristika-s-mesta-zhitelstva/#4
- https://damsovet.net/nedvizhimost/harakteristika-s-mesta-zhitelstva-ot-sosedej-obrazets/
- https://nsovetnik.ru/harakteristika/kak_napisat_harakteristiku_s_mesta_zhitelstva_ot_sosedej_obrazec/
- https://ruverdict.ru/sud/kak-napisat-harakteristiku-s-mesta-zhitelstva-ot-sosedej-obrazets.html#harakteristika-v-sud-ot-sosedey-dlya-chego-nuzhna-i-pod- kakie-kriterii-s-obrazcami
- https://svoya-pravda.ru/vspomnim-2017-god/kak-napisat-ot-sosedej-xarakteristiku-s-mesta-zhitelstva-prakticheskie-sovety
- https://freedocx.ru/101-harakteristika-s-mesta-zhitelstva-ot-sosedey-v-sud-primer-skachat-besplatno.html
- https://onlineur.ru/harakteristika-s-mesta-zhitelstva-ot-sosedej/
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Characteristics from neighbors in civil law
In civil cases, information about a person is most often provided when considering claims for adoption, establishment of guardianship, restoration of parental rights, etc. In this regard, it is advisable to write in the characteristics positive qualities associated with raising children:
In the Tverskoy District Court of Moscow, Lyubimov L.D., Maly V.N., Nekrasov N.G., living in building 3 on the street. Tsvetnaya, Moscow
Characteristics of Repin O.L., born in 1987, living at the address: Moscow, st. Tsvetnaya, 3, apt. 1
We are neighbors of Repin O.L. and we can confirm that Repin O.L. is an excellent family man who takes care of his own and his neighbors’ children and actively participates in their upbringing.
So, Repin O.L. a football team was created in the yard, a club called “Young Footballers” was organized on its own, where Repin O.L. is a volunteer trainer. Activities of Repin O.L. contributes to the suppression of child crime, shapes the personality of our children, increases the authority of sports and a healthy lifestyle. We consider Repin O.L. a person worth looking up to.
Repin O.L. there are three children whom he teaches to work, is engaged in their additional education, and personally takes part in resolving all issues that arise during training in educational institutions.
Repin O.L. has no bad habits, spends all his free time from work with children.
01.01.2016
Neighbors: Lyubimov L.D., born in 1970, (Moscow, Tsvetnaya St., 3, apt. 2), _____ (signature). Maloy V.N., born in 1974, (Moscow, Tsvetnaya str., 3, apt. 3)______ (signature). Nekrasov N.G., born in 1978, (Moscow, Tsvetnaya str., 3, apt. 4)______ (signature).
Who has the right to draw up and sign it?
Persons who have an idea of the personal and everyday qualities of a person have the right to participate in the preparation of the assessment:
- citizens living in close proximity, for example, on the same landing or adjacent floors, in adjacent houses, if we are talking about the private sector;
- district police officer;
- organizations managing apartment buildings: management companies, homeowners' associations, housing cooperatives.
The document is signed by the citizens themselves who gave the assessment and agree with it, and is certified by the district police officer or the management company. The assessment is compiled in the form of a single document, signed by all parties involved.
In ConsultantPlus you will find characteristics for any occasion: for former and current employees, for the police, for guardianship authorities and other government agencies, for awards, certification, medical examination and others. Get free access using the link below to download the ones you need.
Legal consequences for neighbors who characterize a person
You need to understand that everything that is written in the characteristics can be verified at any time by the court, prosecutor's office or other law enforcement agencies. In addition, all those neighbors who signed the document can be summoned to court and questioned as witnesses. For those who were asked to confirm the positive qualities of a neighbor:
- Specify the purpose of obtaining information about the resident.
- If you are asked to indicate specific qualities of a neighbor, write only those in which you are confident.
- Do not sign a blank sheet, confirm only the information already indicated, and not future information, by carefully reading the text.
- Please be aware that it is your responsibility to provide explanations for the information provided if required. By virtue of the law, a witness does not have the right to refuse to testify, otherwise criminal liability may arise.
What does it mean: write a reference from your place of residence
This paper is a document drawn up in any form on an A4 sheet. A unified writing form has not been developed. The amount of information depends on the number of persons interviewed and the qualities endowed with the person being characterized. It is always made up for someone. You cannot write a document for yourself, but you can write the text itself, and then give it to selected persons for signature.
The need for characterization arises:
- when applying for a job (often requested when applying for employment in paramilitary or security services);
- when moving from one educational institution to another or entering a university;
- while participating in legal proceedings;
- when conscripted for military service;
- when issuing a license for traumatic or hunting weapons.
Sometimes a reference is requested to be submitted to a court that is considering a conflict that has arisen around divorce proceedings or between participants in an accident.
