Application to the district police officer against neighbors: application procedure, sample

A district police officer is a representative of the Russian police who is responsible for order in a specific territory. Citizens turn to him when their rights are violated. If your neighbors litter in the entrance, loudly sort things out, turn on the music at full volume at inappropriate hours, file a complaint with the local police officer. In order for the application to be accepted, it must be written correctly.

Methods for submitting an application to a district police officer

You can complain about noisy neighbors to the local police during a patrol. In this case, the oral form of address is used. If citizens have broken the law for the first time, it is often enough for the local police officer to have a conversation with them.

If the violations are systematic, then an appeal must be made in writing.

The document is submitted:

1. police officer on duty. When a citizen complains about beatings or damage to property, the statement must be registered in a special journal. After this, the document is submitted to the district police officer for permission;
2. to the district police officer during a personal reception. You can find out the schedule when contacting a support point or on the official portal of the Ministry of Internal Affairs for a specific region;
3. when using a special box. It is most often located on the doors of the stronghold;
4. sending via mail;
5. applying through State Services.

You can complain about threats by calling the district police officer on the phone, calling him and reporting the essence of what happened. However, this option is best used when the district police officer has already started working on the application. Otherwise, if the police officer fails to act, it will not be possible to confirm the fact of the complaint.

Features of drawing up an appeal

When filing a complaint, you need to take into account some features and rules:

1. The style of writing the text should be businesslike. You should avoid using slang expressions, words with glaring exaggeration, and obscene statements. Sentences should be used mostly simple, not very long, and understandable. The idea must be presented clearly, strictly based on facts, in chronological order.
2. Emotions are inappropriate in a statement. A text written in strict business language will have a greater effect on the district police officer. The application should not contain cumbersome, full of “water” complaints, in which nothing is clear and the essence is not stated.
3. Only facts must be present. The factual statement should look something like this: “At five in the morning, [date], I, [full name of the person on whose behalf the complaint is being drawn up], was woken up by Ivan Ivanovich Ivanov, who turned on loud music and began to sing.”
4. The volume of the complaint must be optimal. A too brief presentation of information will not allow the district police officer to understand what actually happened. It is easy to get confused in a complaint that is too long. It is best to use a medium amount of information.
5. The requirements for a neighbor must be clearly described, but not exaggerated. Demands that are too strict and ridiculous (for example, a fine of 20 thousand rubles for a cat getting scared and scratching its hand) are unlikely to be satisfied.
6. Links to legislation governing tenants' rights. In this part you need to indicate which laws were violated. This will reduce the time it takes to resolve a complaint, which means the process of taking action will be shortened.

What to complain about to the local police officer

You can contact the police in situations where there is a violation of law and order.

Most often, complaints are filed about:

• drinking alcohol in the courtyard of a house, which is what youth or adult groups do, preventing citizens from relaxing. The district police officer is given the opportunity to draw up an administrative protocol under Article 20.20 of the Code of Administrative Offences;
• presence of smoking neighbors. These citizens violate the provisions of Federal Law No. 15 of 2013 “On the Protection of Citizens’ Health...”;
• the emergence of domestic conflicts caused by family relationships or alcohol abuse.

If there is a threat to life, the district police officer is authorized to call an investigative and operational group to record the fact of violation of the law. In other situations, the offense is registered by the district police officer.

In addition, the grounds for calling an investigative team include causing harm to health or theft of property. When noise cannot be considered a violation of public order, the police officer takes explanations from citizens living in the apartment and conducts a preventive conversation.

Note! In the future, the completed material can be used in court to confirm the fact of renting out residential premises to citizens of a foreign state.

If such residents disturb the quiet life of other citizens living in the house, you should contact the district police officer to solve the problem . If such persons do not have temporary registration, penalties are applied to them; in addition, it is permissible to use punishment in the form of deportation.

Other situations of filing a complaint with a local police officer

Before submitting an application to the district police officer, you need to make sure that there is a violation of the law . For example, if an apartment is for rent, then a police officer, after receiving a message about this, transmits the information to the tax authority.

When it is determined that the owner does not pay taxes, appropriate sanctions . If it is necessary to initiate a case under articles of the Criminal Code of the Russian Federation classified as grave, the district police officer is authorized to collect evidence for the case.

It is also necessary to call a local police officer to record a certain fact:

• natural death of a citizen;
• damage to the car in order to receive an insurance payment in the future.

Important! A collective or individual appeal cannot be submitted to a district police officer if there are disputes of a civil or land nature. The reason is that the police officer lacks the authority to resolve such issues.

Application structure

Filing a complaint to a state law enforcement agency requires compliance with a certain procedure for writing it:

1. The authorized person, his full name, site number, address of the applicants, their full names indicating apartment numbers and telephone numbers are written in the upper right corner.
2. In the middle is the name of the statement (collective statement).
3. Next comes the introductory and descriptive parts of the document with a specific description of the time and actions, indicating the violator neighbor.
4. The requirements regarding the violator, if any, are indicated.
5. Afterwards, all compilers sign the application and stamp the date.

Rules for filing a complaint with a district police officer

The law does not say how to write a statement to a district police officer. Due to the fact that there is no form, you only need to comply with the general requirements established for official documentation.

If there is an insult or other violation, when filing a complaint you must reflect:

• citizen details and place of residence;
• reflection of the essence of the situation that occurred, while not allowing a conversational style, abuse, or insults;
• an indication of the measures that must be taken in relation to violators;
• date of registration;
• citizen's painting.

If personal information about the applicant is not provided, the police officer has the right not to consider the complaint. To avoid mistakes and take into account all the rules for drawing up the act, you need to use the 2022 sample.

How to write correctly, nuances

The complaint can be individual or collective. The application is written in free form, but according to a specific plan. The header of the sheet states:

• Full name of the institution to which the complaint is sent, full name. district police officer
• Last name, initials of the applicant (if the claim is collective, the details of all citizens are indicated).

In the text of the complaint:

• The essence of what is happening, indicating the location, the violators. It is advisable to write that conversations have already been held and did not bring results.
• List of laws, regulations that were violated.
• Requirements (put forward those provided for by the legislation of the Russian Federation).
• Date, signature (if the complaint is a collective one, then of all applicants).

The complaint is written in an official business style, without insults or obscene language, in clear handwriting, without grammatical, punctuation, or spelling errors.

Full name must be indicated. applicant: anonymous ones are accepted for consideration only for serious criminal offenses (murder, terrorist attack, etc.).

You can download the sample from the following link. It is advisable to attach evidence of violations to the complaint: photographs, videos, witness statements, etc.

Nuances of filing a complaint with a district police officer

Speaking about what the right thing to do if a citizen does not know the address of the location, it should be noted that you can contact the Ministry of Internal Affairs for the city . When a district police officer receives an application against drunks or other violators, he is responsible for registering this document. You must use a special magazine.

When neighbors have filed a complaint with the district police officer regarding the same issue, it is permissible to conduct an inspection on several complaints at once.

Thus, several methods of contacting police officers are provided. You can submit a complaint online using the State Services portal or the official website of the Ministry of Internal Affairs.

Who has the right to file a complaint?

Most often, a complaint about a violation of the rights of residents due to the inappropriate behavior of a neighbor is filed by the owner of a neighboring apartment or house located nearby, if we are not talking about the private sector. Today, renting a home has become very common. So now the question arises: do residents who are not owners, but only rent an apartment, have the right to write a complaint statement against their neighbors?

It is not the principle of property that operates here, but the principle of protection of rights. This means that it makes no difference whose rights are violated by unscrupulous neighbors - the one who rents the property, or the one who is its legal owner. So any person whose rights are being infringed has the right to write a complaint. So let's take a pen and paper.

Where else can you write a complaint?

Is it possible to file a complaint with agencies other than the police? Of course, in some cases, by the way, it is even necessary to first contact, for example, the fire inspectorate or the prosecutor's office. Where to write a complaint against neighbors:

1. You can file a claim against your neighbors with your homeowners association, if one exists. You can apply to the management company. These formations submit a document about violations of order to the State Housing Inspectorate. They are also authorized to involve such structures as Rospotrebnadzor, the fire inspectorate or other inspection structures in the proceedings. If the management organization has not responded, then you need to file a complaint with the appropriate body yourself.
2. You should contact the fire inspectorate if pyrotechnics are used unsafely or if fire safety rules are not followed.
3. In case of increased noise, excessive contamination, dirt and violation of other basic sanitation standards, you should contact the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare.
4. When carrying out late repair and construction work or work that resulted in damage to the housing property of residents, they have the right to contact the executive authority or the housing and communal services authority, which exercise control over improvement objects.
5. An effective way to deal with residential disturbances is to file a complaint against your neighbor with the police, especially if the violations have occurred more than once.
6. You can complain to the prosecutor's office. Its responsibilities include consideration of such cases. For example, if neighbors abuse alcohol, drugs, or bring suspicious people home, contacting the prosecutor's office will be an effective method of combating it.
7. Residents have the right to file a class action lawsuit. It is necessary to describe the essence of the case, the requirements, and the residents themselves will become witnesses to confirm the testimony.

Sample of a collective complaint against neighbors to Rospotrebnadzor

On November 4, 2015, the head of Rospotrebnadzor in Orel, F.S. Golovanov, received a collective complaint from 7 residents of apartment building No. 75, located on Vishnevsky Street.

Residents complained about the owner of apartment No. 5, A.L. Petrakova, who set up a home hairdresser and nail salon in the residential premises.

Because of this, there was a constant smell of acrylic paints and hair dye in the entrance and in neighboring apartments. Since the woman worked late, the noise of the hairdryer could be heard even after 10 pm.

Additionally, residents complained that Petrakova does not wash the landing after her clients, so there is constant dirt from shoes in the entrance, especially in the autumn-winter period.

Referring to clauses 2.18 and 2.9 of the Rules and Art. 17 of the Housing Code of the Russian Federation, residents demanded that air measurements be taken, an inspection of the apartment belonging to A.L. Petrakova be carried out and that she be prohibited from engaging in business at home. The complaint contained the signatures of all the citizens who compiled it.

Sample complaint against neighbors to Rospotrebnadzor

Contacting the prosecutor's office

A collective complaint to the prosecutor's office against a neighbor (sample below) is an extreme measure when a local police officer does not respond to repeated requests from residents of a particular house or area.

The main purpose of such a document is to force the district police officer to fulfill his official duties and, of course, to rein in the violator of public order.

The main emphasis in such a document is on the action or inaction of the local police officer. And the actions of a neighbor are secondary.

Administrative responsibility

The punishment for a neighbor will depend not only on the violation itself, but also on the region in which it occurs. Due to the fact that the legislative bodies of the constituent entities may establish higher fines for certain types of offenses, they may vary.

On average, for violating the silence, citizens are fined 500 rubles for the first time and double the amount for subsequent ones. But it can be established on a larger scale in individual constituent entities of the Russian Federation.

Smoking in the stairwell is provided for in Art. 6.24 of the federal Code of Administrative Offenses, and according to it it will cost at least 500 rubles, but for persistent violators higher amounts are determined - 1,500.

For drinking alcoholic beverages in a public place, you will have to pay the treasury an amount from 500 to 1,500 rubles. A public place includes, among other things, a staircase in an apartment building and a children's playground in the adjacent area.

And for the use of narcotic or psychotropic substances in the same places from 4 thousand to 5 thousand, in some cases, arrest for up to 15 days is possible.

If a neighbor uses obscene language and behaves aggressively at the entrance of the house, then Art. 20.1 of the Code of Administrative Offenses defines a sanction for hooliganism up to 15 days of arrest.

Causes of conflicts with neighbors

Any violation of generally accepted rules of behavior on the part of neighbors is, first of all, disrespect for the people living in the same house with them. However, considering living in an apartment building in the legal framework, it can be stated that inappropriate behavior of a resident of an apartment building is inherently an offense.

In case of any violations on the part of a neighbor, the first thing you should do is try to talk to him: point out the problem that causes discomfort and ask him to solve it in some way. If conversations have not helped, or the neighbor does not make contact at all, it is time to resort to methods of resolving the situation established by law. Let's look at what exactly can be done in various situations.

Noise behind the wall

Complaints about noise from neighbors are perhaps the most common among residents of apartment buildings. Depending on the source of the sound - repair work, a child's cry, loud music, etc., you need to choose who to complain to about noisy neighbors.

The level of permissible noise and the measure of liability for violating established standards are regulated both by federal legislation (Article 23 of the Federal Law of March 30, 1999 No. 52-FZ “On the Sanitary and Epidemiological Welfare of the Population”) and by regional laws detailing the rules for maintaining silence.

So, according to the law on silence in Moscow, you cannot make noise from 23:00 to 07:00, and also make repairs - from 19:00 to 09:00, from 13:00 to 15:00, on Sundays and holidays. At the same time, during the daytime the noise cannot exceed 55 decibels, and at night - 45 decibels.

Of course, it is unlikely that anyone will specifically measure the noise level in an apartment with a sound level meter; here it is rather worth focusing on whether the noise creates discomfort.

In addition, some buildings establish their own rules for using an apartment building, further limiting the possibility of making noise, well, at the contract level. In accordance with this agreement, a neighbor can also be held accountable, but this will be extremely difficult to do: firstly, entering into this agreement occurs on a voluntary basis, and the neighbor could simply not sign it, and secondly, this requires an application to court.

Important! The level of extraneous noise in an apartment depends not only on the degree of activity of the neighbors, but also on the quality of sound insulation. Thus, new buildings must comply with the noise insulation level CH 2.2.4/2.1.8.562-96. 2.1.8. If you bought an apartment in a new building, but you can hear your neighbors behind the wall as if you were at home, this is a reason to file a claim with the developer.

Where to contact:

1. To quickly solve a noise problem, you must first call a local police officer, who is obliged to respond to the call, find out the cause of the noise and, if possible, eliminate it, and bring the perpetrators to justice.
   If noise bothers you regularly, you should try to figure out its cause and, if necessary, involve highly specialized authorities in solving the problem. You can also submit a written complaint to the district police officer about noisy neighbors.
2. So, if the noise allows us to conclude that the neighbors are mistreating the child, it is worth contacting the guardianship authorities. You can also complain to guardianship if your neighbor is disabled or elderly, suffering from a psychological disorder and in need of help. However, before contacting this government agency, it is better to try to find out more about your neighbors’ family: perhaps they just have a restless child. After all, guardianship can create serious problems even for a normal family.
3. It is also worth paying attention to the nature of the sounds of repairs: neighbors may be carrying out illegal redevelopment, which will be indicated by the sounds of collapsing walls, tremors, or even the appearance of cracks in the walls or ceiling. The State Housing Inspectorate is authorized to hold people accountable for such violations. It will impose a fine on the violator and also oblige him to restore all structures to their original condition. Subsequently, if the neighbor’s actions caused damage to other apartments, damages can be recovered from him through the court.
4. You can also go to court for compensation for moral damage caused by constant noise from neighbors. However, you shouldn’t count on much: the court itself sets the amount of such compensation and, as a rule, it is very small, within a few thousand rubles.

Smoking

Smoking in public places, which includes all common areas in an apartment building, is prohibited and is an administrative offense. You can file a complaint with the police about neighbors who smoke.

The situation is more complicated in situations where a neighbor smokes in his apartment, but the smoke penetrates into other living spaces. On the one hand, the owner of a residential premises has the right to do almost anything on his personal territory. On the other hand, his actions should not infringe on the rights of other residents. Judicial practice shows that smoking on your balcony or loggia is illegal if it causes inconvenience to residents. It is unlikely that your neighbor will be fined for this, but through the court you can get a small compensation for moral damage. But if smoke gets to you through the ventilation shaft, then the reason is most likely not in the neighbor, but in improper operation of the ventilation. In this case, you need to contact the management company to set up the ventilation system.

Cluttering of common areas

Sometimes neighbors perceive porches and other common spaces as their personal storage room. This approach not only creates inconvenience for residents, but also violates fire safety standards. Thus, according to clause 5.1.1 of SP 1.13130.2009, the width of passages through which people can evacuate must be at least 1.2 m. Violators of this rule face administrative liability in the form of a fine of 2,000 to 3,000 rubles.

The State Housing Inspectorate or fire supervision can check whether neighbors comply with fire safety requirements based on a complaint from residents.

Residential premises are not used for their intended purpose

In accordance with Art. 17 of the Housing Code of the Russian Federation, residential premises can be used for business activities if this does not violate the legitimate interests of other citizens. It is not allowed to locate production facilities, hotel businesses, or carry out missionary activities in residential premises.

Moreover, there cannot be a brothel or brothel in the apartment: this not only violates the rights of residents, attracting unwanted people into the house, but is also a criminal activity that must be reported to law enforcement agencies.

In addition, the tax office may be interested in illegal business activities.

But it will not be possible to punish owners who rent apartments by the day: according to current legislation, tenants themselves are responsible for their activities. Daily rentals are not considered a hotel business.

Pets

One dog or cat, if all the rules for caring for pets are followed, is unlikely to cause problems for any of the neighbors. However, some situations can lead to conflict:

• the animal is left alone for a long time and screams or howls for a long time;
• too many animals in one room, which causes unsanitary conditions;
• animals walk along the entrance;
• the dog is walking without a muzzle or is on a self-walk;
• The apartment houses an animal shelter.

All these signs indicate a violation of the rules for handling animals and can subject a neighbor to administrative liability in the form of a fine and even criminal liability for cruelty to animals. Rospotrebnadzor is the authority where you can complain about unsanitary conditions in your neighbors, and the police will deal with cruelty to animals.

If the actions of an animal cause damage to property or human health, the owner of the animal is obliged to compensate for it. In case of refusal of voluntary compensation for harm, you will have to go to court.

Neighbors upstairs flooded the apartment

At the first signs of flooding you should:

• take action to stop further flooding: turn off the water and inform neighbors above about the leak;
• call representatives of the management company and draw up a flood report. A big advantage when compensating for damage will be the signature of the act by the residents from the apartment above;
• take photos of the damage.

If there is evidence of flooding, you can demand compensation for property damage from your neighbor. If the neighbor does not admit his guilt and refuses to pay compensation voluntarily, you need to have the premises examined by a specialized organization that will assess the damage caused and go to court.

If the house has commercial premises

Often, shops, beauty salons and other organizations are located on the ground floors of residential buildings. In general, you can complain about violations on their part as if you were an ordinary neighbor.

It is better to start solving the problem with a written complaint addressed to the organization itself. Fines for organizations for the above violations are many times higher than fines for ordinary citizens, so the store management will not want to escalate the conflict to complaints to government agencies and will fulfill the demands of the residents specified in the complaint.

In case of systematic violations by users of commercial premises - noise, unsanitary conditions, etc., you can complain to Rospotrebnadzor.