Illegal entry into a home: definition, punishment under the Criminal Code of the Russian Federation

Having illegally entered someone else's house, a person will be required to answer before the law. Criminal liability is imposed for this. The legislation requires that before entering a home, you must obtain the consent of the owner or have the appropriate court verdict with you.

In all other situations, the act is regarded as illegal entry.

Illegal entry into a home

Peculiarities

Based on Article 25 of the Constitution of our country, it is permissible to enter someone else’s house in the following circumstances:

• if the owner or tenant agrees to this;
• in situations regulated by federal legislation;
• by order of the court.

The right to inviolability of housing concerns only certain subgroups of citizens. First, you need to provide documentation stating that the citizen has something to do with housing.

If a person is against people entering his home, and no special situations have occurred, then entry will be illegal

Who is affected by the inviolability of the home:

• owner;
• citizens who have the right to use housing on the basis of a lease, sublease, lease or order;
• citizens who moved into this housing based on the wishes of the residents who are there legally.

Easement is a limited right to use the territory of a multi-unit residential building for passage, passage and repairs.

An easement is the right to limited use of someone else’s real estate (Article 274 of the Civil Code of the Russian Federation). It is transferred to another person by right of encumbrance. An easement is needed, for example, to lay a road or communications through someone else’s land and use them.

The party who received the easement does not take possession of the land, but can only use it, and for a specific purpose established by the contract or agreement. An easement is subject to mandatory state registration, without which it will not be considered concluded. Termination of the easement is also registered.

An easement can be temporary or permanent; private or public. A public easement is intended to ensure the interests of the state, local government or local population (Article 23 of the Land Code of the Russian Federation). A public easement can be established for:

• passage or passage through a land plot;
• repair of utility, engineering, electrical and other lines and networks, transport infrastructure facilities;
• carrying out drainage works and other purposes.

Let's look at a legal dispute about the establishment of an easement on the adjacent territory of an apartment building, which reached the Supreme Court of the Russian Federation (case No. A71 -4094/2020).

Can the local self-government not form a plot for an apartment building in the absence of money?

Housing concept

Article 139 of the Criminal Code regulates what type of real estate can be considered a home.

Article 139 of the Criminal Code of the Russian Federation

Important ! It is also advisable to include in this term premises that are not part of the housing stock, but are suitable for a person to live there.

In simple terms, any room where a person lives, while storing his property and documents there, can be considered his home. The room itself and the things in it have value, therefore, another person cannot just walk in and take it all away without consequences.

Housing is a room where a person lives and stores his property.

Design rules

The adjacent territory of a private house, no matter how many meters it includes, can be used by the owner of the property in agreement with local authorities. SNiP does not contain standards regarding what area should be included in the local area. When establishing the size of the land, one must focus on important conditions and external factors, and also adhere to the sequence of actions. Initially, you should draw up a plan of the territory, and indicate on it the natural boundaries of the site and all the facilities necessary for servicing a private house.

The plan should not forget about municipal land; its shape, area and other characteristics must also be indicated. Before submitting an application to the city administration, you need to agree on the boundaries of the local area with your neighbors, listen to their opinions, and eliminate the inconvenience. Only when a compromise has been reached between the residents of neighboring houses can an application be submitted to the local municipality with a request to secure ownership of the plot next to the house.

Objects under protection

Intrusion into a protected facility is punishable by law based on the events of the incident. Punishments are regulated by two codes - administrative and criminal. Based on Article 20.17 of the Code of Administrative Offenses, a citizen will be fined for entering a protected facility. The fine ranges from 3 to 5 thousand rubles. If the criminal used any devices to enter, they are confiscated.

There is a fine for entering a protected facility.

If a person enters the territory owned by an underground or underwater facility, the activities of departmental or state security are regulated by current legislation, then he will also have to answer for this. The fine in such a situation is from 75 to 200 thousand rubles. In addition, they may be placed under administrative arrest for 15 days. Devices that facilitate entry into a protected area may be taken away.

Important ! Administrative rules are appropriate in situations where the violation committed does not have signs that would allow the case to be brought under the jurisdiction of the Criminal Code.

If we consider the Criminal Code, then you will have to answer before the law if a person constantly violates the boundaries of the protected territory of an underwater or underground facility. Then you will have to pay 500 thousand rubles or an amount equal to a year and a half of the criminal’s income. Imprisonment or restriction of freedom for a period of no more than two years is also possible.

According to the Criminal Code, you will have to answer if a person regularly enters a protected facility

When it turns out that the act we are considering was committed by a group of people by prior agreement, the members of this group will have to pay a fine of up to 700 thousand rubles, or pay the amount of their two years’ income.

Important ! Violators can be jailed for up to four years. A similar preventive measure is used when a person may reveal state secrets.

Responsibility regulated by the Criminal Code may occur if the offender is punished under the Code of Administrative Offenses for a similar act.

Responsibility under the Criminal Code will occur if a person was previously punished under the Code of Administrative Offenses

What to do if the driver refuses to move the car

You can demand that the driver remove his car from your territory. But achieving this in reality is difficult.

A trespasser cannot be held criminally liable simply for entering your property. Such liability arises only if the inviolability of the home is violated.

It is also difficult to bring administrative liability for the very fact of arrival: there is no such article in the Administrative Code. There is an article that provides for liability for violating the access control regime of a protected facility. But this is not your case: there is no access control at your site and free entry is open for other clients.

You cannot independently set a fine for entering your territory: any action for which penalties are established must be prescribed by law, and the recipient of the fine is always the budget.

It is prohibited to install road signs prohibiting stopping and parking on your own property: clause 1.5 of the Russian Federation Traffic Regulations prohibits it.

The only way to hold such a driver accountable under the law is to prove that he is creating an obstacle to the movement of other cars. In this case, he violates the requirements of paragraphs 12.4 and 12.5 of the Traffic Regulations of the Russian Federation: they prohibit stopping and parking of cars in places where such stopping or parking will make it impossible for other cars to move or interfere with the movement of pedestrians. This is exactly your case: a car was blocking access to the warehouse.

In this situation, the algorithm of action is as follows: if a car is blocking the passage to the warehouse, do not look for the owner and do not quarrel with him. Call 112 and report a violation of clauses 12.4 and 12.5 of the Russian Traffic Regulations. State the license plate number of the offender's car, its make, color and address where the violation occurred. Please also provide all your details.

Traffic police officers cannot refuse you: applications submitted by calling 112 are registered. If no one comes, complain to the prosecutor’s office that you reported an administrative offense, but the police refused to take action.

Before the traffic police arrive, record the violation in photos and videos. This is necessary if the driver arrives earlier and leaves the scene of the violation. But it will still be difficult for him to avoid responsibility. According to the law, the reason for initiating a case of an administrative offense is the recording of such a violation by the owner of a land plot by means of photo and video recording. Even if the offender has left by the time the traffic police arrive, give them the video recording. This will be evidence of violation.

The culprit may be held accountable for violating stopping and parking rules. Sanction: warning or fine of 500 rubles. If the owner of the car is found quickly and removes the obstacle to traffic, he may get off with a warning. If he decides to hide, the traffic police may decide to evacuate the car. In this case, you will not have to pay for tow truck services.

Features of home penetration

The crime we are studying has some specifics that you should know. Not every violation of the boundaries of someone else's home will be punished.

We must not forget that a courtyard building, a cellar, a garage, a barn, and so on are not considered a dwelling. In other words, if the premises are located remotely from the house and cannot be used as a home, the act will not be recognized as entering the home. A compartment or cabin is also not accepted as a home. Note that when non-residential premises are combined with a house, violations of their boundaries are illegal.

The garage is not part of the home

It doesn’t matter how exactly a person entered a home, he will be held accountable before the law. There are several ways to enter someone else's home:

• secret;
• explicit;
• being inside a room, refusing to open it;
• when residents open doors;
• gross intrusion.

It cannot be said that there is a crime when a person not only opened the door for the intruder, but also let him inside the home. Deceptions and the use of other people's gullibility do not affect the course of the case. A legal violation is recognized to have taken place from the time of violation of the external boundary of housing.

Important ! The subject of this violation can be any person over 16 years of age.

It doesn’t matter how exactly the person entered the home

Landscaping of the territory of a private house

When owning a house and land in the private sector, you must remember that an important component of maintaining the property is landscaping the site. The list of landscaping works is a list of activities aimed at improving the external and operational characteristics of the site

The scope of work includes:

• garbage collection;
• uprooting trees and shrubs, mowing dry grass, seasonal pruning of branches;
• use of fertilizers;
• design of flower beds, lawns and hedges;
• tree planting;
• arrangement of paths, trails, recreation areas, gazebos, etc.

This list cannot be called exhaustive; everything is individual and may be expanded. Depending on the type and volume of work, the owner may need to prepare the land, attract specialists, and purchase materials.

One of the important components of landscaping the area next to a private house is its landscaping. Planting trees and shrubs allows you to improve the aesthetic characteristics of the land, improve its properties, strengthen the soil, and protect the house from wind and other meteorological manifestations. Cultivated and ornamental plants are used for landscaping, but before planting you need to take into account their frost hardiness, light-loving nature, resistance to drought, high humidity, etc.

Improvement of the land next to the house significantly affects the value of the property

When selling, buyers will pay attention not only to the characteristics of the property, but also to the landscape design, lighting, water supply, and fencing, so landscaping should be taken care of in advance.

Abroad, all house plots are similar to each other, like two peas in a pod. Near each residential building you can see a neatly trimmed lawn, young trees, and alpine slides. In the Russian Federation, quite often the areas next to a private house do not look well-kept. In this connection, the issue of measures to bring negligent owners to justice is under consideration at the highest legislative level.

Types of liability under Article 139 of the Criminal Code

An important aspect that makes it possible to correctly classify the act in relation to the named article is that the offender had to get into the citizen’s house without obtaining his consent to do so.

There are several types of punishment under Article 139 of the Criminal Code of the Russian Federation

Important ! In theory, if the owner of a house or the people living there allow another person to enter, the act cannot be called illegal.

In practice, it happens that criminals mislead the owners or residents in order to get into the house. However, you will have to try hard to prove that the offender deliberately deceived, wanting to commit a criminal act.

Sometimes, in parallel with this article, those who entered the home are punished under the article “Fraud”

Here the offense relates not only to the article mentioned above, but is also qualified under Article 159 of the Criminal Code (“Fraud”).

The Criminal Code of Russia prescribes the following types of punishments for the act we are considering.

Penalties for illegal entry into a home

From the above, we can conclude that the Criminal Code considers the use or threat of force and abuse of official powers as aggravating circumstances.

Property protection mechanisms provided for by civil law

Civil legal methods are based on the possibility of judicial protection of the rights of the owner of a thing whose rights have been violated. Such a person can apply for the protection of his rights to the court with a statement of claim and, after successful completion of the case, receive an officially sanctioned judicial act protecting the right of property.

Methods for protecting civil rights are listed in Art. 12 of the Civil Code of the Russian Federation. The first mechanism outlined in this article is the mechanism for recognizing the rights of the property owner. A striking example of the mechanism is the recognition of rights based on Art. 225, 234 of the Civil Code of the Russian Federation. By virtue of these rules, the owner of a thing, who has owned it for a long period of time, has the opportunity to obtain recognition of ownership and obtain the right to dispose of an ownerless thing.

The second mechanism is the reclaiming of the owner’s property from illegal possession. If, as a result of illegal actions of third parties, the owner of the property has lost the opportunity to freely own and dispose of it, he can, on the basis of Art. 301 of the Civil Code of the Russian Federation, file a vindication claim in court.

The third mechanism is provided for in Art. 304 of the Civil Code of the Russian Federation. According to this power, the owner has the right to demand from third parties any violation of his property rights. An example of a situation where an owner may need protection of rights under Art. 304 of the Civil Code of the Russian Federation is the illegal residence in his apartment of a stranger who does not have the right to use and own property. In this case, the property owner can use not only public law methods, but also go by filing a negative lawsuit in court demanding eviction and stopping the violation of the right.

How can you legally enter someone else's home?

As we mentioned above, it is legally permitted to enter someone else’s home by obtaining a court verdict or in some situations controlled by law. Let's talk about this in more detail.

Based on Article 15 of the Law “On the Police”, employees of operational search groups have the right to stay in someone else’s housing in the following circumstances:

• to detain citizens suspected of criminal acts;
• to protect people from fires, criminal acts, during riots;
• to prevent the commission of a criminal act;
• to find out what the causes of the accident were.

You can legally enter someone else's house if you have a court verdict.

Access to someone else's house is allowed to employees in the process of operational-search activities. To do this, you must obtain permission from at least one resident or administration of the institution that needs to be examined.

Important ! This rule applies to hotels, tourist centers, campsites and other premises that can be accessed with the permission of the administration.

Based on a court verdict, it is permissible to enter someone else's house in order to search it. However, you need to follow all legislative procedures - official papers and the course of the event.

Police officers can enter someone else's home under special circumstances.

Disposal of the local area

The adjacent area is created for the comfort of residents - for walking, for the construction of playgrounds or parking lots, etc. However, if there are shops and offices in the house, often the entire local area is occupied by parking lots and parking lots.

But you need to keep in mind that since the entire territory around the house belongs to the owners of the premises in shares, it can only be disposed of jointly!

The maintenance and management of the site is entrusted only to:

• to the management company (and such a clause must be included in the management agreement);
• on the HOA (all owners of premises at a general meeting decide how the adjacent territory will be used).

The territory can even be fenced if a municipal road does not pass through the site. In this case, a public easement has been established on part of the site with the road.

If the road is not municipal, but belongs only to your home, you have the right at a general meeting to close your territory from unauthorized persons, for example, by installing a barrier.

Part of the site can be used profitably, for example, rented out for parking, and rental payments used for general house needs. But this decision is also agreed upon between all residents.

We should not forget that responsibility is imposed for improper maintenance of the local area. For example, a block of ice fell on a car parked near the house. The court will recover damages to the car owner:

• from the management company, if it is she who manages the house and receives payment for the maintenance of housing;
• with the HOA, if the house is managed independently (by way of recourse, the HOA can recover money paid in court from the guilty party).

Moreover, if the area where snow or ice can melt is fenced, the car owner will not receive anything if he parks the car inside the fence.

Court practice this year

The number of criminal acts regarding illegal violation of the boundaries of someone else's home is increasing. Note that this crime usually occurs in combination with others: murder, rape, kidnapping, harm to health.

Often, criminals who break into someone else's home do not realize that their actions are a violation of the law.

Due to conflicts or problems with debt collectors, citizens can enter someone else's house without even thinking that they are acting illegally.

Important ! To a large extent, this happens due to emotional stress, heavy drinking and other circumstances.

Often such a crime is carried out simultaneously with others, for example, murder, rape, etc.

It is not easy to highlight under Article 139 of the Code the suppression of the boundaries of the housing of relatives who are the owners of a particular house.

Situations are typical when parents are worried about children who do not want to contact them too often. What can you do to argue that their actions are illegal?

Collecting evidence is not so easy unless there is obvious evidence of a crime - for example, a door was broken down. You will need to independently protect yourself from annoying visitors - the law regulates the hosts’ rules for this. The same circumstances are typical for relations between landlords and tenants of housing.

Any person has the right to defend their property or their home. The Constitution controls this right.

It is important that there is evidence that there was indeed illegal entry

When people entered your house without obtaining consent to this action, you have the right to recognize the act as violating the law, behavior punishable by law.

Important ! The criminal will be held accountable to the law based on the details of violating the boundaries of someone else’s home, and they may even be punished with a real term of imprisonment.

Local area of ​​the house maintenance rules

It must be remembered that while private houses are identical, the configuration of the territory adjacent to the private plot may vary. Only after this is it necessary to contact local authorities to secure ownership of the adjacent plot. The territory adjacent to the fence of a private plot can be registered in the form of ownership or lease.

You just need to write an application and provide a document that would confirm that this object is in an abandoned state. A decision on the condition of the site must be made within 18 days from the moment the application was accepted.

Notice of such a meeting to survey the local area of ​​a private home must be served, sent, or published at least 30 days before the meeting. Persons who have an interest in a meeting who refuse to attend will be deemed to have been duly notified of that meeting. To do this, you must contact the local government with an application for the right to rent.

When important communication lines pass through a given territory. If the site is located on an area of ​​historical and cultural significance. If other owners have rights to this site and do not have their consent. Its owner has certain rights and obligations, which we will consider in this article. The boundaries and dimensions of the local area must be determined by legislation and established regulations.

This area may include various objects, roads, landscaping areas, as well as playgrounds. The documents also talk about heating points, garages, parking lots and other objects that may be included within the local area. Many owners do not have information about the specific boundaries of their local area.

In certain places of the local area you can make flower beds. In fact, the local area is considered an area that can be given for common use to neighbors or other residents. Some objects cannot be included in the local area, this applies to entrances and the like. The local area, as a rule, is determined at the initial stage of building a house on a summer cottage.

Court practice regarding the consideration of cases under Article 139 of the Criminal Code

A fundamentally important right regulated by the Constitution is the inviolability of a citizen’s home.

Outsiders do not have the right to violate the boundaries of someone else's home if the residents or owners do not agree to this, and also if the situation does not meet the requirements of federal law. Also, to get into someone else's house, you can get a court verdict.

If the residents themselves do not agree, you cannot enter their home

Important ! If a violator enters someone else's house illegally, he will be punished by law. At the moment, statistics show that the crime we are considering is being committed more and more often.

Usually this act is combined with other crimes that are considered more serious - murder, causing serious harm to health, rape or kidnapping. Then it is obvious that crossing the boundaries of someone else’s home was not the original goal, it occurred only in order to create the ground for other crimes.

The reasons why these crimes are increasing include the deterioration of people’s legal culture, lack of respect for the rights and freedoms of citizens, disrespect for relationships between each other, lack of legal literacy, and disregard for the rule of law.

Such crimes are committed quite often

If we consider court practice, most of these acts are committed on emotions due to conflicts or when debt collectors come to the debtor. Often parents worry excessively about their children and visit them regularly, unknowingly breaking the law.

For example, Ivanov A.A. found guilty due to the fact that, being drunk, he came to the door of the apartment where his friend M lived. He wanted to discuss some matters with R. Ivanov, who was staying in this home. Ivanov rang the doorbell, but they did not open it for him. The citizen pulled the door handle hard, as a result of which the bolt inside broke. Thanks to this, he was able to get into the apartment. After that, Ivanov went inside, ignoring his friend’s right to the inviolability of the house.

Important ! The citizen’s act is qualified under the first part of Article 139 of the Criminal Code.

Let's consider a different situation: Soloviev P.P. was drunk and wanted to talk to his ex-wife, getting into her house. To achieve what he wanted, the citizen knocked loudly on the apartment door. The woman did not want to let the man in, so he broke the window and thus entered the house.

Important ! Solovyov’s act is qualified under the first part of Article 139.

Often such crimes are committed without malicious intent, but they are still punishable

Ninth Arbitration Court of Appeal

Having disagreed with the decision, the defendant filed an appeal to the Ninth Arbitration Court of Appeal. The defendant also stated that the Moscow Arbitration Court did not properly notify him of the date, time and place of the court hearing, which is an absolute basis for canceling the decision of the court of first instance (clause 2, part 4, article 270 of the Arbitration Procedure Code of the Russian Federation). The Court of Appeal found that a violation of the rules on judicial notices had indeed occurred, overturned the decision of the lower court and proceeded to consider the case according to the rules of the court of first instance (ruling of the Ninth Arbitration Court of Appeal dated February 8, 2021 in case No. A40-130855/10).

BRIEFLY

Details of the decision: Resolution of the Ninth Arbitration Court of Appeal dated March 10, 2021 No. 09AP-54532/2015 in case No. A40-130855/10.

The applicant's demands: To cancel the decision of the court of first instance, proceed to the consideration of the civil case according to the rules of proceedings in the court of first instance and refuse to satisfy the demands for recognition of the ownership rights of the city of Moscow to non-residential premises.

The court decided: To cancel the decision of the court of first instance, proceed to the consideration of the civil case according to the rules of proceedings in the court of first instance and recognize the ownership of the city of Moscow to non-residential premises.

The Ninth Arbitration Court of Appeal found that the building in which the disputed non-residential premises are located is included in the List of objects related to municipal property (approved by resolution of the Moscow City Duma of May 20, 1998 No. 47), and is included in the Register of real estate objects located in property of the city of Moscow. Thus, the Court came to the conclusion that the disputed non-residential premises are municipal property (clause 1, clause 2 of Appendix No. 3 to Resolution of the Supreme Council of the Russian Federation of December 27, 1991 No. 3020-1). At the same time, rights to real estate that arose before January 29, 1998 are recognized as legally valid in the absence of their state registration (clause 1, article 6 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with him”; hereinafter referred to as the law on state registration). As for the executed sale and purchase agreement, the Court indicated that this agreement violates the requirements of the law and infringes on the rights and protected interests of third parties, and is therefore void (clause 2 of Article 168 of the Civil Code of the Russian Federation).

The defendant's application to apply the statute of limitations was rejected by the Court with reference to Art. 208 of the Civil Code of the Russian Federation and clause 58 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation of April 29, 2010 No. 10/22 “” (hereinafter referred to as Resolution No. 10/22). According to these norms, a person who considers himself the owner of real estate in his possession, the right to which is registered with another entity, has the right to apply to the court for recognition of ownership rights. The limitation period does not apply to the claims of the owner or other possessor to eliminate any violations of his rights, even if these violations were not associated with deprivation of possession.

Based on the above, the Ninth Arbitration Court of Appeal decided to cancel the decision of the Arbitration Court of the city of Moscow and satisfy the requirement to recognize the ownership rights of the city of Moscow to non-residential premises (resolution of the Ninth Arbitration Court of Appeal dated March 10, 2021 No. 09AP-54532/2015 in case No. A40- 130855/10). This court decision is the basis for registration of ownership of real estate by the authorized body.

General data regarding the elements of the crime we are considering

A citizen is held accountable before the law if he illegally violates the boundaries of someone else’s home.

As for the objective side of the act, this is illegal entry into the house. In other words, a person got inside a home without legal grounds or consent from the residents or the owner.

To get into a house means to go inside, to give oneself access for a given act (to break a law, a door, use a stolen key or a duplicate made, break or open a window, break a wall, and so on).

Important ! A criminal can get into a house either openly or covertly.

You can get into the house both openly and secretly

Paragraph ten of article five of the Russian Code of Criminal Procedure regulates the term “dwelling” in relation to the purposes of regulating production through various investigative and other manipulations. Dwelling – a personal residential building, including various premises, regardless of the form of ownership, included in the housing stock and used for living there, as well as other premises or buildings that are not part of the stock, but suitable for housing.

Violation of the boundaries of someone else’s house, committed without the consent of the owners or residents or the presence of any legal grounds for this act, which we have already mentioned above, is considered a crime.

Trespassing someone else's home is considered a crime.

Let us note that the court does not take into account the path that the criminal used to commit his act. This does not affect the progress of the case. You cannot enter someone else's home unless you have obtained the consent of the residents or owners.

Important ! There are also frequent cases of deception - when criminals use fake documents to enter a home.

For example, citizen Voronin K.A. was sentenced under the first part of Article 139 and the second part of Article 131 of the Criminal Code. He showed Sokolova a fake police officer's ID, entered her home and raped her.

The act is considered completed if the citizen ends up outside the boundaries of someone else’s house, and it does not matter how long the criminal was in the premises.

It doesn’t matter how long a person has been in someone else’s home

In general, based on Article 139, the term entry into a house “against the will of the citizen living there” can be understood differently. This provokes certain difficulties in applying the law.

For example, there are situations when criminals violate the boundaries of someone else’s home if there are no residents there at the moment: when they are working, on vacation, and the like.

Important ! If you look at the court practice, then such acts are understood as illegal entry into a home without taking into account the consent of the residents or owners.

For example, V.V. Morozov, having drunk a hefty dose of alcohol, felt that he was freezing and decided to warm up in someone else’s house, without obtaining the consent of the owner and the tenant who was in the home at that moment. He climbed into the house through the window and went to sleep there. Morozov’s act is qualified under the first part of Article 139.

Sometimes it becomes difficult to prove truly illegal entry

As for the subjective side of the act, this is a direct plan. In other words, the criminal must be aware that his actions constitute illegal entry into a home, moreover, his actions pursue this goal. The reasons why crimes are committed do not matter.

The subject of the crime is a person who is 16 years old.

Important ! Entering someone else's house is allowed in some situations regulated by federal law. A court verdict can also help in this situation.

There are cases when a citizen quite legally ends up in someone else’s house, but then does not want to leave, despite the demands of the owner or tenant. Do these actions constitute illegal entry into a home? Obviously not, since there is no fact of an act that could harm society.

In general, the issue of illegal entry into a home is very controversial and can be understood in different ways. For a more complete picture, it is necessary to study all the laws and carefully consider each specific act.

Violation of land boundaries

Although land ownership is protected by law, the question of how to prosecute its violators remains open. This situation is due to several factors:

1. Land, as an object of law, has a special status. This is not only property, but also a natural resource protected by environmental laws, which means that:

• The owner's exercise of his rights must not violate the rights of others to use natural resources. For example, if the site is located near a river or forest and blocks access to citizens, the owner does not have the right to prevent those wishing to swim or hunt from passing through his yard;
• the owner cannot prohibit a neighbor or other interested person from passing through his plot if he has the right of easement. This privilege is given by the court if necessary, for example, when it is not possible to use another road bypassing private property.

In such a situation, it is better to voluntarily allow your neighbor to pass through the yard. This will help avoid legal red tape and unnecessary costs.

2.In itself, entering the yard without the consent of the owner does not entail criminal liability, even if it is illegal. If someone entered an open gate or even climbed over a fence without damaging it and walked around the yard, there is no corpus delicti in his actions.

The Criminal Code does not have an article regulating this issue, and judicial practice recognizes this fact as insignificant. In this case, the violator of property rights can be punished only if he causes significant harm to the owner of the site. That is, this action is considered in conjunction with another crime (theft, causing harm to health, etc.).

At the same time, Article 1 of the Civil Code of the Russian Federation does not allow interference in the private affairs of the owner, therefore entering the site without the consent of the owner is considered illegal. But the mechanism for protecting the violated right is not clear.