Sample application to the district police officer for neighbors 2021

Living in a multi-storey building or in your own house, you are unlikely to avoid meeting your neighbors. You can often find friends among your neighbors, but sometimes you can meet ones that spoil your mood for many years. Among this category of neighbors there are rowdies, lovers of alcoholic beverages, throwing noisy parties, those who like to smoke in hallways and others who violate public rules of conduct.

A statement sent to the local inspector may, in some way, influence their behavior.

Responsibilities and powers

Content

The police inspector is called upon to ensure control over the implementation of public order rules in the area assigned to him, helping to prevent, for the most part, administrative offenses.

To ensure control and prevent offenses, the district police officer may call the guilty person for a conversation, visit him at his place of residence, etc.

The main responsibilities of a district police officer include:

Monitoring compliance with rules of conduct in public places.
Assistance in the search for criminals or persons suspected of committing unlawful acts, as well as missing persons.
Help in determining the identity of unknown corpses.
Accompanying citizens for compulsory treatment determined by the court.
Supervision of the circulation of weapons, according to the law of the Russian Federation.
Control of traffic rules in a designated area.

For preventive work, the district police officer is obliged to carry out educational activities within the framework of the approved routine.

The powers of the district police officer are reflected in the order of the Ministry of Internal Affairs No. 1166 dated December 31, 2012. The inspector can provide assistance with:

Violation of public rules of behavior by third parties.
Failure to comply with the night silence regime (from 23.00 to 7.00).
Unknown presence of persons in basements and other areas of the building.
Sales of prohibited goods (alcohol, drugs, weapons, etc.).
Use of local areas for children not for the intended purpose (drinking alcohol, parking cars, etc.)
Illegal renting of rooms to individuals without registration.
Callous treatment of children, etc.

Thus, the district police officer is obliged to engage not only in educational activities, but also in the direct maintenance of law and order. The specificity of its activities extends mainly to administrative misconduct.

In what cases should you complain to a local police officer?

In multi-story buildings, there are countless reasons why neighbors are forced to contact an inspector.
The most common include: 1) Noise. The basis for a complaint to the inspector regarding such a violation is a reference to Law No. 52-FZ of March 30, 1999 “On Sanitary and Epidemiological Health...”. According to the standards of this law (SanPiN 2.1.2.2645-10), noise during daylight hours (from 7.00 to 23.00, and in some regions until 22.00) in a living area is not allowed above 40-55 dBA, which is equivalent to the conversation level. During the remaining period, the noise should not be stronger than 30-45 dBA, which is equivalent to a whisper or quiet speech.

2) Disturbances caused by neighbors. Neighbors organizing parties with drinking alcoholic beverages in public places (entrances, playgrounds, etc.) may be subject to administrative punishment in accordance with Art. 17, 83, 91 Housing Code of the Russian Federation, art. 293 Civil Code of the Russian Federation.

If a complaint is received for such an offense, the offender may be expelled, and his living space sold at auction.

3) Garbage and dirt in the entrance. The source of the crime can be both immediate neighbors and their pets. If people in the neighborhood litter cigarette butts in the entrance, drink alcohol, or throw out garbage on the way to the garbage chute, you need to send a complaint to the head of the housing office. If the boss does not respond to the situation, then it is necessary to contact the district police officer with a complaint about ignoring the standards of the Housing Code of the Russian Federation.

Installation of additional doors.

Installation of doors in the entrance, without permission, which prevent access to other apartments, is also the subject of frequent complaints.

4) Flooding of the apartment. In case of flooding, the housing office must be notified. In such cases, utility services issue a report of damage to the lower-level apartment. But what if the neighbor is absent? In this option, you need to invite the local inspector and the Ministry of Emergency Situations to open the neighbor’s door.

It should be noted that the above list of situations that require contacting an inspector is far from final.

Someone sighed behind the wall

The situation with “loud” neighbors, who make everyone around them miserable, is a very common problem. The suffering party, as a rule, calls the police, who by law must explain to the troublemaker that it is forbidden to make noise at night. Not everyone gets it. What if the police’s exhortations yielded nothing? Do those who called the police have rights, and what are these rights, the Supreme Court explained.

The high court explained that if a case of violation of peace and quiet was initiated at the request of a citizen and this is confirmed in the book of incident reports, then such a citizen is a victim in the case of an administrative offense. And therefore, he has rights - for example, he can appeal the decision to punish a noisy neighbor too leniently.

This story began in a standard way: night, an apartment building, in which one of the residents is having so much fun that the neighbors cannot rest.

At midnight, one of the neighbors of the apartment building who could not stand the noise called the police. When the police arrived at the scene, they were able to verify that the citizen who called was absolutely right. In general, the police drew up an administrative violation report.

Later an administrative commission was held. She didn’t see anything terrible in the night noise and decided that the citizen was really to blame for the fact that her neighbors couldn’t sleep a wink all night. True, the punishment turned out to be purely symbolic - the administrative commission limited itself to an “oral warning.” To put it simply, she just shook her finger.

But the person who called the police was not satisfied with this punishment because it was, in his opinion, excessively lenient. He demanded more severe measures. To do this, I prepared a lawsuit and went to court to challenge the commission’s decision. But nothing came of this idea - the district court didn’t even talk to him. They explained that he was a nobody in this case.

The district court in its refusal indicated the following: since the citizen is not indicated in the protocol, it means that he has no right to complain. It turned out that in the situation with punishment he had nothing to do with the matter at all.

The higher authority completely agreed with this opinion of the district colleagues.

The deputy chairman of the regional court considered the cassation appeal of the offended citizen and expressed his opinion.

This opinion turned out to be somewhat different from the conclusions of previous courts, but did not change much.

In the opinion of the deputy chairman of the court, since a citizen could not sleep at night due to the noise and called a police squad, then he clearly suffered and is a victim (in the sense of Article 25.2 of the Code of Administrative Offenses of the Russian Federation). Since he is the victim, he has the right to appeal the decision. But there is no point in appealing.

The court decided: since the citizen is not indicated in the protocol, it means he has no right to complain

The fact is that if the decision of the district court is overturned, it will worsen the situation of the offender - a noisy neighbor, and this is prohibited by law. In general, Article 30.17 of the Code of Administrative Offenses of the Russian Federation does not provide for the cancellation of previous decisions due to the leniency of punishment. The conclusion of the deputy chairman of the court: there is no need to cancel the contested decisions.

Having received a stack of judicial refusals, the citizen gathered his courage and appealed to the Supreme Court of the Russian Federation. And he did absolutely the right thing. The high court examined the case and sided with the plaintiff. The Supreme Court of the Russian Federation categorically disagreed with the conclusions of local courts. He canceled all court decisions in this case.

The high court formulated its position this way.

The Supreme Court said that according to the law, an injured citizen is a person who has suffered physical, property or moral harm due to an offense. The injured person has the right to participate in the case, and it does not depend on whether the occurrence of specific consequences is a sign of an administrative offense.

Our administrative case was initiated following a complaint from the victim to the police department. In his appeal, the citizen informed law enforcement authorities about the violation of silence and his rights. His appeal is confirmed by an entry in the Incident Reporting Book.

From everything said by the Supreme Court, the following conclusion follows. The rights of the citizen are affected by the offense that has occurred, and in the case under consideration he is the victim in this case. And this, in turn, means that a citizen has every right to appeal the decision of the administrative commission.

There is another important point - the judicial procedure for considering cases of administrative offenses implies the obligation of the court to create equal conditions for the parties to the dispute at all stages of the proceedings. In our case, the Supreme Court of the Russian Federation emphasized, local courts illegally denied one of the parties the right to appeal, which resulted in a violation of the injured citizen’s right to judicial protection.

The Supreme Court stated that this procedural violation “is of a significant nature and does not allow for a comprehensive, complete and objective consideration of the case.” In such cases, according to paragraph 3 of part 2 of Article 30.17 of the Code of Administrative Offenses of the Russian Federation, the court makes a decision to cancel all previous judicial acts and to return the case for a new trial.

In its explanations, the Supreme Court emphasized that a new, fair consideration in compliance with all procedural guarantees of the parties does not in itself entail a worsening of the situation of the person against whom proceedings are being conducted for an administrative offense.

And finally, one more very significant detail. The Supreme Court of the Russian Federation reminded its colleagues about the materials of its Plenum (No. 5 of March 24, 2005). It said the following: the statute of limitations for bringing a citizen to justice expired during the revision of the decision to impose an administrative penalty. And this, in the opinion of the high court, means the following: nothing prevents the return of the case of the weakly punished neighbor for a new trial, again to the district court.

How to write a complaint to a local police officer in 2021

The complaint is subject to consideration only if it is filled out correctly.
Such an application is usually submitted in writing and drawn up on a blank sheet of A4 paper. There is no strict template for writing an application, so the letter can be filled out in any style, either yourself or with the help of a local police officer. The filing of a complaint is carried out as follows:

The letter begins by filling out the “header”, in which you need to display the address where it is sent, full name. district police officer, indicating his rank.
Next, fill in the applicant’s details, indicating his full name, registration address and display of contacts.
Then, a little lower, in the center of the line, fill in the title of the document “Application” or “Complaint”.
The descriptive part of the letter lists the facts of offenses, with reference to the regulations of the Russian Federation. The letter must clearly state the essence of the event, the reason for the appeal and refer to the legislative norms of the Russian Federation.

Most often you have to deal with the following regulations, the clauses of which are violated by unreliable neighbors:

Constitution of the Russian Federation (clause 3 of article 17).
Government Decree of the Russian Federation No. 25 of January 21, 2006 “On approval of the rules for the use of residential premises.”
Code of Administrative Offenses of the Russian Federation (Article 20.1), in case of insult, obscene language.

After presenting the facts, a request is made to take action against the neighbor who committed unlawful actions, displaying his exact address and preferably his full name.

To confirm the facts stated in the complaint, it is necessary to attach testimony from the residents of the house, who must join the complaint by signing the document.

At the end of the completed application, the date and signature of the applicant and witnesses (if any) are affixed.

Further actions consist of sending the completed document to the destination, i.e. to the district police officer.

Where to turn if neighbors are noisy?

In 2021, if your neighbors are making noise, you need to contact the police. This is the only government body that is authorized to resolve the conflict. The following options are possible:

If a group of people has gathered at the entrance, they are drinking alcohol, listening to music, or making noise, then you need to call 02 and call for a squad.
Unfortunately, the result is not guaranteed. Noise at the entrance has a low priority, and the number of vehicles on duty is limited. Therefore, if at the time of the call a signal is received that a crime or offense has been committed, the squad will go there. And by the time it comes time for a noisy call, the drunk company may already have dispersed.
If neighbors make noise in their apartment regularly. In such a situation, you need to write a statement to the district police officer.

Before contacting the local police officer, you need to talk to the violators yourself and clarify that the noise being emitted is included in the list of violations.

For example, at night it is prohibited:

sing;
play musical instruments;
make repairs using tools (drill, hammer drill, hammer);
listen to music through speakers;
shout, whistle;
explode firecrackers and fireworks.

Note! You cannot be held responsible for snoring, the noise of children and other sounds that are made as a result of life activities.

Document structure

The application to the district police officer must contain:

"Hat"

The name of the stronghold where the letter is sent, the details of the district police officer, indicating the full name are displayed here. and ranks.
If a complaint is written by 1 person, his details are displayed, showing his full name, address and contacts.
When making a collective application, the details of each victim are filled in.

Note. Consideration of anonymous complaints is carried out in exceptional circumstances, only if the conversation is about a serious criminal offense.

The name of the document, which is written using .
Descriptive part. This part sets out the essence of the letter, showing the place where the unlawful action was carried out and the persons who committed the offense. You can post a link to the legislative norm of the Russian Federation that served as a prerequisite for sending a complaint.
Requirements for the offender, listing the measures that must be applied to the person who has violated public rules. The requirements must comply with the legislative norms of the Russian Federation.
Application.

Here you can attach materials confirming the offense. As evidence, you can attach a photograph or video, audio recording, witness testimony of the offense, expert findings, etc.

The date the complaint was filled out and the signature of the applicant or several applicants.

When presenting the essence of the offense, you must not use profane expressions or insults. The style of the complaint must be businesslike, with a “dry” presentation of the facts.

Application form

Content

A complaint, like every similar document, is a written form of application. A collective complaint is considered to be a statement signed by two or more citizens.

The document must certainly contain:

Designation of the department to which the document is sent.
FULL NAME. and residential addresses of the applicants' neighbors.
The reason for writing it.
Evidence of misconduct.
The date of the document drawn up, as well as the signatures of the neighbors who joined the complaint.

One option for a collective complaint could be that such a letter could be drafted by a representative of a group of people on their behalf.

Grounds for application

In life, neighbors often behave so inappropriately that it is impossible to resolve the relationship peacefully. In such circumstances, you have to file a complaint against them with the departments that are authorized to resolve such conflicts. To effectively resolve problematic conflicts between neighbors, it is recommended to file a collective complaint. Such a collective statement is unlikely to be ignored by the relevant structures. Depending on the reason, a complaint against neighbors can be written based on the following circumstances:

Constantly scattering garbage in common areas.
Noise from neighbors, which is the most common problem for residents living in an apartment building with soundproof walls. Loud music, the squeal of a drill from 6:00 in the morning, the stomping of running children, rowdy behavior - can be a good reason for filing a complaint.
Keeping pets, as a result of which comfort is disturbed due to the constant barking of a dog at night, or a huge number of pets that emit stench and noise.
Unauthorized redevelopment of an apartment that threatens the safety of housing construction or creates certain inconveniences for neighbors.
In addition, the following may be reasons for writing a sting:

Regular flooding and refusal to compensate for losses caused.
Organizing hangouts in the apartment, with suspicious friends who look like drug addicts or thieves in law, constantly pestering neighbors, begging for a “bottle.”
Incomprehensible sounds, with fights and pleas for help, or drunken discos at night, ending in brawls, etc.

In the presence of the listed violations, neighbors have every reason to collectively contact administrative departments to restore proper order.

How to file a complaint with a local police officer

Complaints to the inspector may be made:

Orally.
Submitting a written complaint during a personal visit to the stronghold.
By sending an application by mail with notification of its receipt by the addressee.
Sent electronically via the Internet.
By calling 102 or 112.

Recently, an electronic message has become widespread. Citizens of the Russian Federation can send a complaint to law enforcement agencies in electronic form by going to the website of the Ministry of Internal Affairs at the link mvd.rf/request_main.

After opening the main page, you need to perform the following operations:

Find the desired department.
Familiarize yourself with the procedure for sending and reviewing emails.
Click on the “Submit Application” button.
In the pop-up window, fill out the form according to the instructions and type the text of the complaint.

The shipment is registered within 3 days and the response will be sent to your postal or email address no later than 30 days.

Note. If the sent letter does not fall within the competence of the recruited unit, it will be registered and forwarded to its intended destination.

If the statement did not produce effective intervention on the part of the district police officer, you can call the hotline of the Ministry of Internal Affairs of the Russian Federation at 8-800-222-74-47.

Sample statements to the district police officer about neighbors

A complaint is a tool for pre-trial conflict resolution, for taking action against the person who committed the offense. Receipt of a complaint obliges the district police officer to take the necessary measures and provide a response to the complainant.

Complaints are usually drawn up on a blank sheet of paper, A4 size. Considering that there is no unified form for such an application, the complaint is drawn up in a free style, in compliance with the rules for composing official business letters.

Below are samples of several different complaints, with the ability to download them.

Application for noisy neighbors

The most common violations encountered are in multi-storey buildings, where there are noisy, drunk and drug-using neighbors who do not pay attention to the comments of the residents.
The most effective way to deal with such neighbors is to complain to the site inspector. The document is drawn up in the form of an application, which requires displaying:

Address of the stronghold, indicating the full name, chief, and his rank.
Details of the applicant who filed the complaint.
The title of the letter is “Application”.
The essence of the offense, with a statement of specific facts and evidence. The applicant’s demands to restore order are also set out, with reference to the legislative norms of the Russian Federation.
Date and signature of the sender of the letter.

Sample application for noisy neighbors

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Lawyer's answers to private questions

The neighbor listens to music during the day. In my apartment the windows are rattling and everything is shaking. How to influence this disgrace?

File a complaint with the local police officer. Although you can listen to music during the day, the volume level should not disturb your neighbors.

The neighbors turn on the washing machine every evening. I can hear the machine hum and beep at the end of the wash cycle at night. What should I do?

Try talking to your neighbors. If the conversation does not yield results, involve the local police officer.

The apartment above belongs to a child who is now in an orphanage. Now his brother lives there. He gathers companies, they flooded us repeatedly and every night there is music and noise.

In this situation, the tenant is not the owner or tenant. Contact the police and district administration to evict him.

How to write a statement to the local police officer about your neighbors dog

If pets create discomfort for neighbors, pollute entrances and local areas, this is a prerequisite for filing a complaint with an inspector. The application must provide specific facts and reasons for the dissatisfaction. There must certainly be a reference to legal regulations. This is especially important if the dog is walked without a muzzle, which can pose a serious threat to the health of others.

Note. According to legal norms, a dog is an object of property for the owner, so he is responsible for it, like any other property, and improper maintenance of a pet can result in an administrative fine for the owner, and sometimes even criminal prosecution.

The time it takes to consider a complaint about a neighbor’s dog will be shorter if the letter to the district police officer is signed by the team.

Sample application to a local police officer for a neighbor's dog

Going to court

If contacting the police and administrative liability does not help, you must go to court. The following claims options are provided:

Eviction from an apartment of citizens who occupy an apartment under a social tenancy agreement.
As judicial practice shows, there is an opportunity to evict a noisy neighbor, but it is very elusive. When evicting a neighbor living under a social rental agreement, you must write a complaint to the district administration, which provided him with an apartment under the agreement. But the fact that a citizen violates the rights of neighbors with noise is not enough. It is necessary that he lead an immoral lifestyle and not pay for utilities. Taken together, such violations will be sufficient for eviction. Only the district administration can initiate the process.
Eviction from the owner's apartment.
When an owner evicts, the situation is even more complicated. The law provides for a procedure: it is necessary to go to court, which can evict the owner and put the apartment up for auction. The proceeds from the sale are transferred to the owner, excluding the costs of conducting the auction. In judicial practice, there are isolated cases where noisy neighbor-owners were evicted. But this is possible not based on the complaint of one neighbor, but based on a collective complaint from all residents of the entrance presented to the district administration. In this case, the head of the administration must act as a plaintiff in court.
Recovery of compensation for moral damage. In Russian judicial practice there are no cases of recovery of a significant amount of moral damage. Therefore, most claims against noisy neighbors remain unsatisfied even with a significant evidence base. Usually the court sets compensation for moral damage in the amount of 500 rubles. up to 3,000 rub.

Sample statement of claim

Sample claim

Statement to the district police officer against neighbors for insulting

If a person contacts an inspector because of an insult, the victim will first need to do the following:

Try to resolve the conflict with a peaceful agreement, persuading the offender to apologize.
Collect the necessary evidence.
Show the offender the documents and threaten to report to the police.
Write a complaint to the district police officer.

Upon receipt of a complaint, the inspector is obliged to conduct an interview with the violator. If offenses are repeated, the inspector may issue a fine to the offender. If this does not give effect, you can file a lawsuit to demand moral compensation.

Note. The chances of getting an effect from the complaint will increase if the letter is accompanied by testimony from witnesses confirming the fact of the insult.

Sample statement to a district police officer against neighbors for insulting

How can you tell if your neighbors are really noisy?

In order to hold neighbors accountable, it is necessary to determine that they are violating the permissible noise level. For this you can use:

Approximate guidelines. For example, normal human speech is 40 dB. And loud conversation is already 70.
Using the application - sound meter. Such applications can be found for smartphones based on IOS or Android. They can be installed on your phone and used for free. But they have no evidentiary value.
Special household noise meters. They can be ordered in online stores for a very reasonable price. But their result is also not evidence in court.
Volume measurements from specialized companies. In this case, the customer receives a report indicating the level of noise excess. This is an official document that will be accepted by the police and the court. But the cost of the procedure in 2021 is 10,000 rubles. – in the daytime and 15,000 rub. - at night.

Noise level

What to do and how to recover damages if the neighbors above flooded? Step-by-step instruction

Where should I go if my neighbors’ children are constantly crying, making noise, or running around?

Statement to the district police officer regarding neighbors smoking in the hallway

Before filing a complaint about a neighbor’s wrongdoing, it is necessary to prepare direct evidence of his unlawful actions. If a person smokes in the entrance, you will need to stock up on:

Photographs documenting smoking.
Written testimony from neighbors.
Creation of video footage recording the offense.

Having prepared such evidence, you can safely send a complaint to the district police officer. The letter will need to display:

Address of the stronghold, full name inspector and his rank.
Applicant's address.
Address, location of smoking - outlining details of smokers.
Information about the actions taken to resolve the problem (conversations, asking people to smoke on the street, sticking up notices banning smoking.
Requirements for taking action against the violator, with reference to legislative norms.

Sample application to the district police officer regarding neighbors smoking in the hallway

Actions of the district police officer after receiving a complaint

After registering a complaint, the district inspector must understand the stated facts and do the following:

Warn the applicant about the penalties for making a false report.
Register the complaint in the citizens' reception register.
Meet with the offender, conduct a preventive conversation with him and convince him not to commit an offense in the future.
In a preventive interview, warn the offender about the consequences if the latter does not stop violating public order.
If the offender has repented and promised to behave with dignity in the future, the inspector must prepare a resolution to cancel the initiation of the case (if any).
If the violator ignores all comments, the inspector draws up a protocol of administrative violation, with reference to the article of the law.
Send a response to the applicant with a message about the measures taken.

What to do if neighbors complain about noise?

If neighbors complain about noise from your apartment, then you need to negotiate with them peacefully. To do this you need:

Go into their apartment to check their audibility. If the sounds are really loud, you need to deal with sound insulation. A popular problem is the lack of a substrate under the laminate and the installation of chipboard on a concrete screed without a gap to the walls.
If a neighbor exaggerates the level of the problem, then you will have to wait for all kinds of checks. But, if there are no violations, then there is nothing to be afraid of.