Keeping animals in a communal apartment

Humane treatment of pets is one of the signs of a conscious and developed civil society. But sometimes humanity is elevated to the level of absurdity and begins to cause a lot of inconvenience to others.

We are talking about the creation of animal holding centers in apartments or the abuse of the number of pets and the lack of proper care for them.
As a result of such actions, residents of an apartment building are forced to experience a number of inconveniences, including: • An unpleasant smell in their apartments, on the staircase; • The presence of parasites (mainly fleas) and pests (rats, mice) that multiply due to unsanitary conditions; • Constant noise, especially when cats “walk” loudly, and dogs respond to every sound in the entrance with a harmonious, polyphonic bark; • Leakage of sewage to the floor below or regular contamination of common areas of the apartment building due to irresponsible walking of animals.
All this, of course, violates your rights and raises a logical question: what to do?

Is it legal to keep animals in an apartment?

At the legislative level, the concept of “overexposure” is absent, however, there is a fairly recent Federal Law of December 27, 2018 N 498-FZ “On the responsible treatment of animals and on amendments to certain legislative acts of the Russian Federation.” Both animal rights activists and those who were tired of the overly active activities of compassionate activists pinned their hopes on him.

It was promised that the law would limit the maximum number of animals that could be kept in an apartment, thereby once and for all putting an end to “dog people” and “cat people” in apartment buildings, which collected entire zoos on small square meters.

Indeed, Article 13 of this law regulates the procedure for keeping pets, but contains only general phrases. In particular, the interests of the residents of an apartment building (MAD) should not be violated, and the number of animals should not exceed the number that the owner can keep without violating sanitary standards. That's all! Full excerpt from the article below.

No clear numbers, only reference standards to SanPIN and veterinary Rules. But in the Russian Federation there are no veterinary rules regarding the keeping of domestic animals, since the Law of the Russian Federation of May 14, 1993 N 4979-I “On Veterinary Medicine” and the annexes approved by it primarily regulate the keeping of farm animals.

As for domestic animals, there are no regulations that would regulate the keeping of pets at the federal level.

Regions adopt separate regulations, but in Izhevsk there are no such documents either at the Republican level or at the city level. Previously, the “Rules for keeping dogs and cats in the city of Izhevsk” were in force, but since 2006 this document has lost force, and a new one has not been adopted.

At the federal level, you can study the “Rules for keeping dogs and cats in cities and other populated areas of the RSFSR” from back in 1981, which are still in force to the extent that they do not contradict other regulations.

In this document you can already find more specific requirements, which are often violated by citizens who abuse keeping animals in their apartments.

As you can see, at least one regulatory act has a direct requirement to keep apartments with animals clean. But this is where all the rules regarding keeping animals end. By the way, the courts still refer to this point to this day.

As a result, it may seem that we have a completely unregulated area that falls outside the legal framework and is somehow regulated by a document that was 40 years old.

It turns out that nothing can be done?

Not at all. But you will have to try very hard to bring to justice the person responsible for keeping animals in the apartment. • First, there must be clear violations of the interests of the residents.

The very fact that there are animals in the neighborhood and the fear that “they will spread infection” does not indicate a violation of your rights. • Secondly, these violations must be recorded.

Unpleasant odor - by Rospotrebnadzor (for example), and damage to common property - by the management company.

Simply holding people accountable for the presence of animals in an apartment, even if there are a dozen of them, but they are all well-groomed and do not create problems for the residents, will not work.

Responsibility for violating the rules for keeping pets

As such, there is no administrative liability for violating the rules for keeping pets. In relation to our Republic, of course. In other regions there are local regulations that entail administrative liability.

You can try to achieve prosecution under Art. 6.3 of the Code of Administrative Offenses of the Russian Federation, which punishes violations of sanitary standards. But the sanction for it is ridiculous to the point of indecency - a fine from 100 (!) to 500 rubles.

Whether such a “severe” punishment is worth the money and nerves spent – judge for yourself.
The only option remains: to go to court in a civil manner, having previously organized the collection of evidence with the participation of various bodies and authorities.
It is recommended to contact: • The Management Company to document the unpleasant smell, dirt and feces in the entrance or their leakage into the apartment; • To Rospotrebnadzor - for the same purpose.
All documents received will be useful in court.

What to refer to in court?

Court decision in a case banning keeping a dog in a communal apartment (rejected)

DEFINITION (excerpt)

dated February 10, 2012 N 33-3557

The Judicial Collegium for Civil Cases of the Moscow City Court, having heard in open court a civil case on P.’s cassation appeal against the decision of the Ostankino District Court of Moscow dated 02.11.11, which decided:

Refuse to satisfy P.'s claims against M.E.R., K. for a ban on keeping a dog in the apartment;

installed:

When considering the plaintiff's claims, the court found that since October 26, 2004, the defendants are the owners of 2/3 shares of the apartment at the address: ......; P. is the owner of 1/3 of the share of this apartment on the basis of a gift agreement from the former spouse M.E.R. M.E.A.; her son S. has also been registered in the apartment since 07/01/06. By the decision of the Ostankino District Court of Moscow dated 04/09/07, P. was moved into the apartment; The procedure for using the rooms was determined between the parties: the defendants were allocated rooms No. 1, 2; the plaintiff and her son - room No. 3 in size. In support of her stated demands, the plaintiff referred to the fact that she could not move into the apartment, because the defendants create obstacles to this because they keep a Rottweiler dog in public areas, which poses a threat to life and safety for her and her family members; As soon as she approaches the door to open it with her key, the dog rushes at the door, barks loudly, i.e. behaves aggressively. Her son has an allergic reaction to animal fur.

In refusing to satisfy the stated demands, the court proceeded from the fact that the owner of the dog is the defendant M.E.R.; evidence that she violates the rules for keeping a dog: she keeps the dog in common areas - in the hallway and in the kitchen, was not presented by the plaintiff, and was not obtained by the court. The plaintiff’s arguments about this are refuted by the decision to refuse to initiate a criminal case dated September 20, 2010. From the resolution and the case materials, it is clear that the dog has a veterinary passport and has received all the necessary vaccinations; she does not have access to common areas - the corridor, the kitchen; The dog is taken out for a walk wearing a muzzle. The plaintiff did not appeal the decision with these conclusions; it was not canceled in accordance with the procedure established by law. In the reasoning part of the decision, the court gave a proper legal assessment of the testimony of the interrogated witnesses in refutation of the plaintiff’s arguments in conjunction with other evidence collected in the case. From the plaintiff’s explanations, the court established that she intended to sell her share in this apartment, about which she sent a notice to the defendants. In addition, the court indicated that S. lives in another city, did not try to move into this apartment, and did not address the defendants with the corresponding demands; The plaintiff herself was moved into the apartment by court decision dated 04/09/07, the enforcement proceedings are completed. The court also noted that the defendant was not brought to administrative responsibility for violating the rules for keeping pets.

Assessing the evidence presented in the case in its entirety, the judicial panel agrees with the court’s conclusions about the refusal to satisfy the stated requirements, since it believes that when resolving the stated requirements, the circumstances of the case were established correctly by the court of first instance; the court made reasonable conclusions; the norms of current legislation are applied correctly.

The arguments of the cassation appeal cannot serve as a basis for canceling the decision, since the judicial panel believes that the dispute between the parties was resolved on the basis of correctly established circumstances of the case, the norms of the legislation in force on the issue raised were correctly applied by the court. Defendant M.E.R. in support of her objections to the claim, she referred to the fact that the dog lives in rooms assigned to her and her mother, where she is also fed; The dog is only in the hallway when he is being taken for a walk. These arguments were confirmed at the trial in the testimony of interrogated witnesses. The court also gave a proper legal assessment of the fact that the decision to refuse to initiate a criminal case dated September 20, 2010 stated that during the inspection it was established that the dog M.E.R. has a veterinary passport and all necessary vaccinations; kept in room M.E.R.; She has limited access to common areas. The plaintiff did not appeal this decision in accordance with the procedure established by law; it has not been cancelled. The arguments of the complaint are aimed at a different assessment of the evidence presented and the court's conclusions, but do not refute them. The judicial panel also did not see any procedural violations that could serve as a basis for canceling the decision.

Guided by Art. Art. 360, 361 Code of Civil Procedure of the Russian Federation, judicial board

determined:

The decision of the Ostankino District Court of Moscow dated November 2, 2011 was left unchanged, and P.’s cassation appeal was not satisfied.

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Pet Ownership Rules and Laws in 2021

When living in an apartment building, you have to take into account not only your neighbors, but also their legal rights. For example, anyone can have a pet, which is not against the law, but often creates inconvenience for people around them. We will tell you what rules and laws regarding keeping pets in an apartment building exist in 2021.

The main rule of living in an apartment building is to use the living space for its intended purpose. At the same time, it is prohibited to violate sanitary standards and the legitimate interests of other citizens. If your neighbor's dog endlessly barks or shits under your door, this is a violation. To stop such things, it is often necessary to enter into conflict with your neighbors.

Laws governing the keeping of animals

Issues related to the regulation of the residence of pets and their maintenance are not fully regulated by current legislation. This often leads to conflict situations between neighbors living in apartment buildings.

Among the regulatory legal acts, the following documents can be distinguished:

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”;
Federal Law No. 52 of March 30, 1999 “On the sanitary and epidemiological welfare of the population”;
Law of the Russian Federation No. 4979-1 of May 14, 1993 “On Veterinary Medicine”.

In 2021, a bill on the responsible treatment of animals has been prepared for the second reading (but has not yet been approved). It is understood that its provisions will come into force in June, but it has not yet been adopted.

In addition to the listed regulations, some issues may be regulated in the Housing Code, Civil Code and Code of Administrative Offenses of the Russian Federation. In addition, local authorities have the right to approve their own bills regarding the rules for keeping pets in apartments. However, they cannot contradict legislation adopted at the federal level.

Separately, mention should be made of the initiative of deputies to create a bill on microchipping of animals. It was planned to approve the need to assign each animal (dog, cat, hamster, etc.) a unique identification code, which would contain information about the owner, diseases, ancestors and other information about the animal.

What animals are classified as domestic animals by law?

The legislation does not have a clear definition of a pet. In other words, a citizen has the right to have and place in his apartment not only a cat, dog or parrot, but also a more exotic pet - a lion, python, hippopotamus.

There is no ban on specific species. However, there is a rule according to which accommodation should not interfere with the people around you.

However, there are several signs by which an animal can be considered domestic:

it is registered and has a veterinary passport;
it is vaccinated against rabies;
Preventative measures are applied to the pet - for example, it is wearing a flea collar or the animal is subject to regular treatment for other diseases.

These requirements are mandatory in most cases. If the above points are violated, certain measures may be applied to the owner.

Rules for keeping dogs and cats in an apartment building

The basic requirements for keeping dogs and cats in an apartment building are highlighted. Here they are:

The pet must live in the owner's living space. It is not allowed to use common property for these purposes - entrance, landing, basement, attic.
You must not intentionally injure, abuse or harm an animal in any other way. The owner of the pet is obliged to provide proper care for it.
If a pet causes any damage to another person, its owner will be responsible for such actions. In such situations, moral damages, compensation for treatment (if required) and an accrued fine are paid.
The owner of the animal is obliged to monitor its behavior. It is strictly forbidden to threaten your pet or set it against other people. If the animal attacks, the owner will be responsible. In this case, the circumstances of the incident do not matter (whether there was a provocation or not, etc.).
The behavior of an animal in public places is also the concern of its owner. For example, it is not allowed for a dog to be in transport, in a store or on a playground without a muzzle.
It is prohibited to use public places as a toilet for an animal. The owner should not allow such things to happen. He is obliged to clean up after the pet in a timely manner.

Selling a cheap apartment

Legally you can, so get a dog! Don’t listen to these spiteful women! The ops are sitting near their computers, the “yazh-mothers” are sitting there, embittered and hating everyone and everything! Just make sure that there is no hair, dirt, etc. in the common area. What breed do you want?

How to learn to live without your beloved husband!

I lived with my ex in a communal apartment, my neighbor’s grandmother got a dog. that reptile *** and she was lying under all the doors, the stench was terrible, hair was everywhere. She didn’t want to worm her or treat her for fleas; she didn’t walk with her at all in winter. This is hell and a nightmare, I already quietly gave her a pill for worms. ***** also barked during the day, and I worked at night. I had a wild desire to just kill her. don’t get a dog, you’ll live separately, then please.

A neighbor set up an animal shelter in the apartment: procedure

novonty/Fotolia

Negotiations with neighbors and management company

If your next door neighbor has started an animal shelter in his apartment and you are not satisfied with the noise, smell or dirt, I advise you to start by negotiating with the owner of the shelter. First, try to reach an agreement with the animal owner: communicate in person, state the essence of your complaints. Perhaps the owner of the “bad” apartment does not want problems and will somehow correct the situation.

If it was not possible to come to an amicable agreement with an animal lover, you can submit an application to the management organization of the apartment building and ask for an inspection of the living space occupied by the neighbor and his pets.

The result of the examination may be administrative liability for violating the rules for using residential premises or, alternatively, violating the peace and quiet of citizens at night, with punishment in the form of a fine, as well as an order to bring the residential premises into proper condition.

Complaints to the authorities

You can complain about violations (noises at night, smell, excrement in the entrance, etc.) to Rospotrebnadzor and your Housing Inspectorate (website for Moscow).

The application must specifically describe what exactly you are not satisfied with and what rights have been violated.

If Rospotrebnadzor has refused you, it makes sense to look for like-minded people among other neighbors who, like you, are dissatisfied with the existence of a shelter for cats and dogs in the neighboring apartment. The complaint can be filed again - but it is better to do it on their behalf. In this case, you need to refer to new facts of violations; there is no point in duplicating your own complaint with a different signature.

In the event of a new refusal, it makes sense to appeal it in court. At this stage, you may need the help of a lawyer. In exceptional cases, the violator may not only pay a fine, but also lose his apartment.

Download samples of applications to the Housing Inspectorate and Rospotrebnadzor in the Domofond.ru VKontakte group.

(Samples compiled by the National Legal Service.)
Solve problems with housemates easily!
7 main facts about the general meeting of residents

Is it possible to keep a dog in a communal apartment in St. Petersburg 2021

I want to get a dog. Do I need the consent of my neighbors and can my dog be on my common square meters? A communal apartment is housing with its own characteristics and requirements. On the other hand, any decision you make must be coordinated with your neighbors.

For example, can a dog live in a communal apartment? You think that you have the right to keep at least a dog, a cat, or any other living creature on your property. But your neighbors unanimously claim that this is impossible without their consent. What to do if you are a lover of man’s four-legged friends. As you know, a dog in a communal apartment is not uncommon, however, their presence should be discussed with the neighbors, because they also have the right to their own quiet life.

If you can convince them that your friend will not shit everywhere and bark around the clock, maybe they will agree. However, if your dog in a communal apartment bothers your neighbors, they have the right to go to court and, most likely, will win.

Many people, before getting a dog, ask their neighbors for their written consent. But there are cases when one of the neighbors changed their minds, and problems began. As a rule, a dog in a communal apartment lives in peace only when it is everyone’s favorite. Therefore, it is recommended to think carefully about what breed to get so that it irritates the neighbors as little as possible.

If you still managed to come to an agreement with your neighbors and you brought your four-legged miracle into the house, you should know that you need to register it with the veterinary service, get a document for it and get all the necessary vaccinations and vaccinations in a timely manner.

In addition, each region has developed rules that stipulate the keeping of dogs in a communal apartment. If you have already decided to keep a dog, you need to keep the housing clean, prevent your pet from appearing in common areas, and it is also impossible for it to live on a balcony or loggia. In addition, you need to carefully ensure that your dog does not shit in the entrance or stairwell.

You, as the owner of an animal, need to know that you cannot leave it alone unattended or treat it with cruelty. In general, if you decide to get a four-legged friend, take it very seriously and pay maximum attention to its upbringing. If the dog is large, get all the necessary equipment and don’t take it out for walks without a muzzle.

Small breeds also require a certain attitude towards them. For example, when leaving the house, put a collar and leash on her. Many caring owners try to indicate the address and telephone number of the owner, as well as the name of their pet, on their collars. And remember, how comfortable your dog will feel depends on how you behave with your neighbors. Consult a lawyer online. Ask a lawyer. Categories Civil law Dog in a communal apartment Hello!

Online legal consultation. Answers from lawyers 1. Chat Free assessment of your situation. Syrovatsky Sergey. All legal services in Moscow. Release of property from seizure. Drawing up petitions. Best price guarantee - we negotiate with lawyers in every city on the best price. View all services. How to fill out a statement if you are bitten by a dog in a communal apartment? Is it possible to have a dog in a communal apartment if the neighbors on the other floor are against it? A dog in a communal apartment. Can neighbors in a communal apartment keep a dog if other neighbors are against it?

Keeping a dog in a communal apartment. New in the journal Pravoved. But what to do if you didn’t get paid when you worked without a contract, unofficially? How to challenge a parking fine in Moscow and not lose it. The fight against parking rule violators continues in the capital: new cameras are being installed, new means of recording violations are being introduced.

What you need to know about the rules for keeping pets – ilex

Many people have animals at home. But before you get a pet, you need to know:
- how to properly maintain it;
— what payments will need to be made;
- what is the responsibility and what can happen and much more.
Let's consider these and other points in more detail.
What to do after getting a pet

So, you got a pet and have even thought of a name for it. What needs to be done next?

First of all, the animal must be registered . This can be done at the housing department or at the owners' association (for rural areas - at the village executive committee) at the place of residence by writing an application.

In addition to the application, you will also need to present an identification document. This procedure is free and is completed on the day the application is submitted. As a result, you will receive an indefinitely valid certificate and tag for your pet.

The tag must be permanently attached to the animal's collar .

Note! Only cats and dogs . Moreover: - these animals are subject to registration within 3 days from the date of purchase ; — puppies and kittens must be registered at the age of 3 to 3.5 months.

Next, you must notify the veterinary institution at your place of permanent residence about the purchase of a pet. This must be done within 3 days after adopting the animal.

For information, the Veterinary Institution must also be notified of the sale, death, loss, change of residence or surrender of a dog or cat.

If the animal has already reached the age of three months, it must be vaccinated against rabies. This vaccination must be done annually .

Note! Not only cat and dog owners should have their pets vaccinated against rabies. This rule applies to all carnivorous animals that have owners.

If you live in a private house or in an apartment in a blocked residential building, then you must build an enclosure (enclosures) for animals (if they are kept on the street), and also ensure that the surrounding area is fenced with a height of at least 1.7 m (in the case of walking animals).

What rules must be followed

As strange as it may sound, your animals are your property, and as a general rule, you bear the burden of maintaining such property. Let's look at some of the requirements that you must comply with as the owner of such a specific property.

No more than two animals (dogs, cats) can be kept in one apartment of a multi-apartment residential building If several tenants (owners) live in an apartment, it is allowed to keep no more than one animal per family of each tenant (owner). It will only be necessary to obtain the consent of all adult residents.

Note! These requirements do not apply to private houses or apartments in blocked residential buildings.

You must keep animals directly in your home. This means that keeping animals in auxiliary premises is prohibited.

Note! This requirement applies not only to cats and dogs, but also to any animals, including bees!

If your pets leave the confines of your home (walking, moving, etc.), then you must take measures to exclude the possibility of them causing harm to other citizens, animals and polluting common property located in auxiliary premises and in the local area.

Example When returning from a walk with your dog, you should not allow your pet, for example, to stain your neighbor in the elevator or scratch your neighbors’ belongings in the vestibule.

It is necessary to comply with the requirements for walking pet dogs and cats. Thus, it is prohibited to walk them in the local area.

While walking, the dog must be kept on a short leash and muzzled, except for puppies up to three months and decorative dogs up to 25 cm tall at the withers, which can be walked on a leash without a muzzle.

Dogs should be walked only in specially designated areas.

Note! Dogs, cats and other carnivorous animals can only be taken for walks in public areas if they are vaccinated against rabies.

When walking, your dog or cat must be accompanied . Otherwise, the animal will be considered stray. Within a populated area, such an animal will be subject to capture, even if it has a tag, collar and muzzle.

What payments need to be made

Currently, the law requires only dog owners to make certain payments. Tax on dogs must be paid quarterly from the moment they reach three months of age.

The amount to be paid for each quarter is:
— 1.5 BV for a dog of a potentially dangerous breed;
— 0.3 BV in all other cases.

Note: Minsk city and local Councils of Deputies have the right to reduce (but not more than 2 times) tax rates for dog ownership. Thus, the rate for owning one dog of a dangerous breed in Minsk is 1 BV per quarter.

The tax amount is included in the rent. This means that you do not need to go somewhere specially and pay this tax. It is included in the “fat” in the corresponding month.

What is the responsibility and what is the threat?
If you violate the Rules for Keeping Pets, you may be subject to administrative liability in the form of:
- warnings or

Where in St. Petersburg can you find a dog sitter for a Yorkie and give your cat a haircut?

Shelters are a key component of animal welfare and have four main functions: the immediate care and care of the animal, including the relief of suffering through veterinary care or euthanasia; long-term care for an animal that has not immediately found an old or new owner; efforts to reunite a lost animal with its former owner; searching for a new habitat or a new owner for a homeless animal. As of this year, there are two types of shelters in the world: unrestricted admission, usually these are government institutions where animals coming from capture are killed after some time if they cannot be accommodated. And shelters with limited admission, existing at the expense of charitable organizations and private donations, with the exception of Moscow and several other Russian cities, where such shelters are financed from the city budget and maintained by animal protection organizations that have won public procurement tenders. In such shelters, animals are kept for life in enclosures and cages [2]. For two hours after lunch, the dogs were lectured on Confucianism. The shelter has existed for more than a hundred years, according to data for the year, more than 10 thousand pass through it annually. As of the year, there were shelters in the United States, and up to 3-4 million dogs a year are euthanized in them due to the lack of people willing to adopt the animals [3] . Over the course of a year, 20 thousand passed through it. The dog does not have time to become a stray once it ends up on the street. It is customary to report a lost animal to shelters and volunteers immediately come to pick up the animal.

Communal apartment - features and basic rules for living with neighbors

When living in a communal apartment, you must respect the rights and interests of other residents.

For example, you need to agree on redevelopment or a decision to sell a room, and also follow the rules for using the common area (kitchen, bathroom, etc.). In this article we will talk about the rules for living with neighbors.

What it is?

The Housing Code of the Russian Federation establishes the following types of residential premises: residential building, part of a residential building, apartment, part of an apartment, room.

However, there is no clear definition of what a communal apartment is in Russian legislation. Formally, it is a series of residential premises in which not members of the same family live, but strangers.

The rooms can belong to the municipal housing stock or be owned by the residents.

A communal apartment is characterized by the presence of common areas, for example, a kitchen, a bathroom, and a corridor. When selling a room, other residents have the right of first refusal to purchase it. This is the main difference between this type of real estate and any other.

Legal animal protection

The decision of the Petrogradsky District Court of St. Petersburg in case No. 2-2313/09 dated October 5, 2021 on the claim of L.E. is interesting. to P.T., P.M. on the removal of obstacles to the use of residential premises and move-in, the obligation to provide a key, and the eviction of a dog. Resolving the dispute, the court concluded that there were no grounds to satisfy the demands for eviction of the dog belonging to the defendants. The court took into account that the dog had been living in the apartment at the specified address for a long time, had been settled by the owners even before the plaintiff acquired a share in the ownership of the apartment, and therefore the plaintiff’s consent to the settlement was not required. There are currently no legal grounds for evicting a dog from an apartment. The plaintiff did not present evidence to the court that the dog was aggressive. The panel of judges believes that the plaintiff is not deprived of the opportunity to raise before the defendants the question of determining the procedure for using the apartment, excluding direct contact between the plaintiff and the animal.

Thus, the Perm Regional Court upheld the decision in case No. 33-3989 in which the defendant was entrusted with the obligation of the owner of the dogs to remove them from the communal apartment, based on the fact that the dogs were in a residential building consisting of two rooms and having auxiliary premises in the form kitchens, corridors, bathrooms and toilets, which are used jointly by co-owners, and therefore, complete isolation of animals from interaction with other co-owners due to the impossibility of full control over the vital processes of the animal while living in a given residential premises, affects the interests of other residents, creates inconvenience in use of residential premises, entails a negative impact on the health of other residents, thereby violating their rights to a favorable living environment.