Surely everyone knows the phrase “My home is my castle.” But not everyone knows who and when has the right to enter an apartment (house) without the consent of the owner.
In our difficult times, local authorities are often trying to interfere in our private lives. How can you resist an illegal invasion of your “fortress”? You just need to know the basic laws.
What does the law say?
In certain circumstances, the legislation of the Russian Federation allows entry into a home both against the will of the owner and in his absence. In order to answer the above questions, you need to understand the situation.
Article 25 of the Constitution of the Russian Federation guarantees: “The housing of citizens is inviolable. No one has the right to enter private houses against the will of the persons living in them, except in cases established by law or on the basis of a court decision.”
It is important to know that the terms “dwelling” and “dwelling” mean any premises suitable for human habitation. This definition includes an apartment, a dorm room, a private house, and even a hotel room.
So who has the right to enter your home without your consent or a warrant? Probably the police officers immediately come to the mind of the average person. And, indeed, this is so.
Military registration and enlistment office
What is allowed to the military registration and enlistment office?
The military commissariat has a limited list of powers: it can send a summons to a conscript stating that he must appear for military registration, but he has no right to bring him in by force.
Is it possible not to open the door to the military commissar?
Can. Among the duties of someone who is subject to military registration, there is no obligation to allow guests into the house without an invitation. Such a citizen must himself appear when called, register or withdraw from it, report to the military registration and enlistment office about various changes in life and carefully keep his military ID - this is the main list of responsibilities.
But we must remember that evading military service can become a crime, and then the police will come to you and you will have to let them in, since in this case we are talking about stopping a crime.
Policemen
Article 15 of the Federal Law dated 02/07/2011 No. 3-FZ (as amended on 08/03/2018) “On the Police” reads:
The police protect everyone's right to the inviolability of their home. Police officers do not have the right to enter residential premises against the will of the citizens living there, except in cases and in the manner established by federal constitutional laws, this Federal Law and other federal laws. Penetration of police officers into residential premises, other premises and land plots belonging to citizens, into premises, land plots and territories occupied by organizations (except for premises, land plots and territories of diplomatic missions and consular offices of foreign states, representative offices of international organizations) , is allowed in cases provided for by the legislation of the Russian Federation, as well as:
1) to save the lives of citizens and (or) their property, ensure the safety of citizens or public safety during mass riots and emergency situations; 2) to detain persons suspected of committing a crime; 3) to suppress a crime; 4) to establish the circumstances of the accident.
When entering residential premises, other premises and land plots belonging to citizens, premises, land plots and territories occupied by organizations, in the cases provided for in Part 3 of this article, a police officer has the right, if necessary, to break into (destroy) locking devices , elements and structures that prevent entry into the specified premises and onto the specified land plots and territories, and inspection of the objects and vehicles located there.
But, at the same time, according to this article of the law, a police officer entering (penetrating) a residential premises is obliged to:
1) before entering a residential premises, notify the citizens there about the reasons for entry, except in cases where delay creates an immediate threat to the life and health of citizens and police officers or may entail other grave consequences; 2) when entering a residential premises, against the will of the citizens there, use safe methods and means, respect the honor, dignity, life and health of citizens, and prevent unnecessary damage to their property; 3) not to disclose facts of the private life of citizens living there that became known to him in connection with entry (penetration) into a residential premises; 4) inform your immediate superior and submit a report within 24 hours about the fact of entry (penetration) into the residential premises.
The owner of this premises and (or) citizens living there, if such penetration was carried out in their absence, are informed about each case of a police officer’s entry into a residential premises as soon as possible, but no later than 24 hours from the moment of entry.
The prosecutor is notified in writing of each case of a police officer entering a residential premises against the will of the citizens there within 24 hours.
The police take measures to prevent unauthorized persons from accessing residential premises, other premises and land plots belonging to citizens, premises, land plots and territories occupied by organizations, and to protect the property located there if the entry was accompanied by actions provided for in Part 4 of this article.
If a law enforcement officer did not fulfill his duties and visited you without reason, and even became rude, then you can complain to the prosecutor’s office and file a complaint with the court about the action or inaction in the manner prescribed by the CAS RF.
The owner is not allowed into the apartment
The situation when one owner does not allow another owner into the apartment is very common. The reasons may be different.
If the disputed apartment has several rooms and each owner has a separate living space (room), then the outcome of such a dispute in court is obvious. In any case, the court will oblige the defendant to eliminate violations of the rights of the co-owner.
The owner’s demand to eliminate obstacles to the use of residential premises is based on the provisions of Article 304 of the Civil Code of the Russian Federation , which states that the owner has the right to demand the elimination of any violations of his rights, although they were not associated with deprivation of possession.
The procedure for use
can only be determined in an apartment that is owned (Article 247 of the Civil Code of the Russian Federation).
The law does not provide for determining the procedure for using a municipal apartment (under a social tenancy agreement). In judicial practice, there are often cases when the subject of a dispute becomes a residential premises, which provides a one-room apartment or room. Of course, the owner who actually occupies the area in every possible way prevents the second holder of a share in the property from living in such housing, since their joint residence in such an apartment is simply impossible due to the banal absence of separate premises in the apartment. In such cases, the court, even having obliged the defendant not to interfere with the plaintiff’s use of the housing and having moved the plaintiff into it, will not be able to determine the procedure for using such residential premises.
Bailiff
Who else has the right to enter an apartment without the owner’s consent? Of course these are bailiffs.
By law, they have the right to enter a private home in order to seize property by court decision, but they have the following restrictions:
- firstly, they are obliged to notify the debtor in advance of their arrival;
- secondly, they do not have the right to seize household items and property that brings the owner the main income, for example, a computer, a sewing or knitting machine, etc.
If the bailiff deprived you of a computer, and you work on it, or a sewing machine, and you sew at home, then you have the right to file a complaint with the court within ten days in accordance with the requirements of the CAS RF.
You also need to know that, according to Art. 67 of the Federal Law of 02.10.2007 No. 229-FZ (as amended on 03.08.2018) “On Enforcement Proceedings” (as amended and additionally, entered into force on 03.09.2018), the bailiff has the right, at the request of the claimant or on one’s own initiative, issue a resolution on a temporary restriction on the debtor’s departure from the Russian Federation if the debtor-citizen or the debtor who is an individual entrepreneur fails to fulfill the following requirements within the period established for voluntary execution without good reason, contained in an executive document issued by a court or being a judicial act:
1) on the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or) moral harm caused by a crime, if the amount of debt under such a writ of execution exceeds 10,000 rubles; 2) non-property nature; 3) other requirements, if the amount of debt under the executive document (executive documents) is 30,000 rubles or more.
In case of failure by a debtor-citizen or a debtor who is an individual entrepreneur, after two months from the date of expiration of the period for voluntary fulfillment of the requirements specified in paragraph 3 of part 1 of Article 87 No. 229-FZ, the bailiff has the right, at the request of the recoverer or on his own initiative issue a resolution on a temporary restriction on the debtor’s departure from the Russian Federation if the amount of debt under the executive document (executive documents) exceeds 10,000 rubles.
If the executive document is not a judicial act or was not issued on the basis of a judicial act, then the bailiff or the recoverer participating in the relevant enforcement proceedings has the right to apply to the court with an application to establish for the debtor a temporary restriction on leaving the Russian Federation in compliance with the rules, established by parts 1 and 2 of Article 87 No. 229-FZ.
On the basis of a judicial act that has entered into legal force, establishing a temporary restriction for the debtor to leave the Russian Federation, the bailiff, no later than the day following the day of receipt of the corresponding judicial act, issues, in the manner prescribed by Article 87 No. 229-FZ, a resolution on temporary restrictions on the debtor's departure from the Russian Federation.
When issuing a resolution on a temporary restriction on the debtor's departure from the Russian Federation during enforcement proceedings on a writ of execution for the collection of funds, the bailiff of a structural unit of the territorial body of the Federal Bailiff Service instructs the bailiff of the structural unit of the Federal Bailiff Service to remove this restriction when availability of information on payment of debt under a writ of execution in the State Information System on state and municipal payments.
The resolution on a temporary restriction on the debtor’s departure from the Russian Federation is approved by the senior bailiff or his deputy. A copy of the resolution specified in Part 4 of Article 87 No. 229-FZ, in the form of an electronic document signed with an enhanced qualified electronic signature of the bailiff who issued this resolution, is immediately sent to the bailiff of the structural unit of the Federal Bailiff Service.
The bailiff who issued a decision on a temporary restriction on the debtor’s departure from the Russian Federation, no later than the day following the day of fulfillment of the requirements of the writ of execution, except for the case provided for in Part 8 of Article 87 No. 229-FZ, or the day on which other grounds for lifting this restriction, issues a resolution to lift the temporary restriction on the debtor’s departure from the Russian Federation.
The bailiff of a structural unit of the Federal Bailiff Service, no later than the day following the day of placement in the State Information System on state and municipal payments of information on the payment of debt under the writ of execution, issues in the form of an electronic document signed with an enhanced qualified electronic signature of this bailiff - executor, a resolution on lifting the temporary restriction on the debtor’s departure from the Russian Federation, a copy of which is immediately sent to the bailiff who issued the resolution on the temporary restriction on the debtor’s departure from the Russian Federation.
The exchange of information on the application and lifting of temporary restrictions on the debtor’s departure from the Russian Federation between the bailiff of a structural unit of the territorial body of the Federal Bailiff Service, the bailiff of the structural unit of the Federal Bailiff Service and the federal executive body in charge of security issues is carried out in electronically in the manner and within the time limits established by the federal executive body exercising the functions of legal regulation in the field of justice, in agreement with the federal executive body in charge of security issues.
For the purpose of exchanging this information, the state system of migration and registration records, as well as the production, execution and control of the circulation of identity documents, and a unified system of interdepartmental electronic interaction can be used. Copies of decisions on a temporary restriction on the debtor’s departure from the Russian Federation, on the lifting of this restriction, are sent by the bailiff to the debtor no later than the day following the day of their issuance.
Employees of housing and communal services and other economic services
In addition, you have the right to be visited by representatives of organizations that ensure the operation of communications at home (for example, to inspect and monitor the condition of gas pipes and valves), or employees of competent organizations to check the readings of indoor metering devices (which is especially important for apartment owners who have installed individual cold and hot water).
In this case, the time of the visit is usually agreed upon in advance, most often by means of an announcement or sending a corresponding notice by mail.
You also need to know and remember that the need to invade a home may arise due to objective circumstances:
- fire,
- gas leak,
- water pipe damage,
- arrest of a criminal
- providing medical assistance to victims, etc.
Such actions, although formally they violate the inviolability of the home, are nevertheless legal, since they are determined by extreme necessity.
