Who to contact to dismantle a neighbor’s video camera. Which interferes with a normal life.
To court. In accordance with Art. 46 of the Constitution of the Russian Federation, everyone is guaranteed judicial protection of his rights and freedoms.
In accordance with paragraph 1 of Art. 3 Code of Civil Procedure of the Russian Federation, an interested person has the right, in the order established by the legislation on civil proceedings, to apply to the court for protection of violated or disputed rights, freedoms or legitimate interests.
For suing you need to read Art. 131-132 Code of Civil Procedure of the Russian Federation.
Article 10. Consideration and resolution in prosecution bodies of applications, complaints and other appeals
[Law "On the Prosecutor's Office of the Russian Federation"] [Article 10]
1. In accordance with their powers, applications, complaints and other appeals containing information on violation of laws are resolved in the prosecution authorities. The decision taken by the prosecutor does not prevent a person from applying for protection of his rights to court. A decision on a complaint against a sentence, a decision, a ruling, and a court ruling may be appealed only to a higher prosecutor.
2. Applications and complaints received by the prosecutor’s bodies, other appeals are considered in the manner and terms established by federal law.
3. The response to the application, complaint and other appeal must be motivated. If the application or complaint is denied, the applicant must be explained the procedure for appealing the decision, as well as the right to appeal to the court, if so provided by law.
4. The prosecutor, in the manner prescribed by law, takes measures to hold accountable the perpetrators of offenses.
5. It is forbidden to forward a complaint to a body or official whose decisions or actions are appealed.
Hello, please tell me where you can write a letter to the neighbors. Which interfere with life.
Good day. In this case, you can contact the district police officer or write a letter to the prosecutor’s office indicating their illegal actions.
Hello! Specify how to interfere? If they make noise, contact the police, if they insult, you need to collect evidence and write a statement to the prosecutor on this fact.
What to do if the activity of neighbors does not allow you to live in peace
In addition to conflicts, the incompatibility of some neighbors comes to the point that some residents simply do not allow others to live.
Often, the injured party is not aware of the basics of legislation and the psychology of human relationships, so people do not know what to do next.
The causes of hostility, and sometimes real wars between neighbors, can be various reasons.
- Lifestyle incompatibility. This question is relevant for several categories of people, for example, when some neighbors are more advanced and need a quiet lifestyle, while others, on the contrary, are young and lead an active lifestyle that can be accompanied by noisy parties.
- A family or a person living in an apartment leads an immoral lifestyle. This situation is quite common and is considered one of the worst, as it is difficult to influence people who drink or use drugs. Such people cause damage not only by noise in the late hours, but also by unsanitary living conditions, which will also hinder neighbors from living.
- Personal hostility due to disrespect or discrimination. It's no secret that some people who have achieved a higher status in society often neglect their neighbors, who are less successful and prosperous.
- Repair work in the apartment. Even in the absence of the above factors, carrying out repairs for a long time can make these residents real enemies in relation to their neighbors.
- The psychological factor. Often, people simply do not understand that the activities of their neighbors are not a violation of their peace, and the cause of anger and irritability lies in their own nervous disorders.
No matter how the parties to the conflict behave, one should not forget that all residents of an apartment building have their rights and only a gross violation of these rights can lead to consequences. This applies to all aspects of living in apartments.
Even if residents violate sanitary control standards on the territory of their living space (storage of potent toxic substances and other violations that entail consequences in the manner prescribed by law), then the neighbors will not be able to complain about them if the harmful effect on them is not proved.
The same principle applies if the smell of tobacco smoke or other odors that can cause discomfort interferes with neighbors.
If the neighbors make a lot of noise or make repairs, then the law only regulates the time for carrying out such work, in other cases, administrative measures are powerless.
These procedures are resorted to only in those cases when the possibilities for resolving a conflict situation by peaceful means have been exhausted. But, statistics show that in recent years people are increasingly resorting to this particular method of resolving the situation. Largely due to the fact that they do not know how to do this through negotiations.
Whatever the reason for the situation, which has become an obstacle to comfortable living, to engage in administrative methods, you should first collect the evidence base.
This must be done in the following sequence:
- record the activity of neighbors, which causes discomfort to the camcorder or recorder,
- to find witnesses (you can from among the neighbors on the landing or other floors) who are ready to confirm the fact of unlawful activity of the neighbors,
- call a local police officer or police outfit who can draw up a protocol and punish the offender.
The administrative procedure in the Russian Federation, today, is more symbolic in nature, as the legislation in the field of such housing violations is rather vague.
For example, the time when neighbors cannot make noise is set by local authorities and is different everywhere, the procedure for arrest for such a violation is not provided, and the amount of the fine established for disturbing the peace of neighbors will not scare anyone.
Moreover, even if everything is done correctly, it is extremely difficult to make the offender accountable. Even if the police arrive, they may just not be able to open the doors.
And once received a fine, a person or family can harbor anger, after which they will do such things in spite of their neighbors. Therefore, administrative measures cannot be considered an exhaustive means.
If the budget allows and there is no desire to resolve issues with neighbors using administrative pressure, then you can isolate your home with the help of technical means.
From the noise of neighbors, it does not matter, from above or from the side, you need to make sound insulation, which will not only help get rid of annoying noise, but also insulate the room and improve the acoustic properties of the room or apartment.
If smells interfere or there is a risk of infection with parasites, mold, fungi and other unpleasant organisms, then it makes sense to install a door block with a high degree of isolation and a ventilation system that will not allow unpleasant odors to spread.
Problems with neighbors began to escalate en masse into conflict situations from the beginning of the 90s. After studying the experience of past years and analyzing the statistics of conflict situations, psychologists conclude that one of the main reasons for the complication of domestic relations is a small degree of interaction and communication between residents of apartment buildings.
At present, most residents do not know their neighbors, or do not communicate with them, except for short greetings when they meet at the landing.
In some houses where there was a high confrontation between neighbors, they conducted an experiment - for a month the tenants acquainted each other and arranged constant meetings.
The result of such an experiment showed that even after a year, after the end of the experiment, the conflicts in the house significantly decreased, and the tenants began to be more loyal to each other.
Another experiment was conducted with those residents who constantly complained about the noise of their neighbors. Psychotherapists worked with them, who gave residents the skills to overcome stressful situations and taught them not to react to noise or not to associate the noise of neighbors with their internal problems, which were, in most cases, the cause of irritation.
This experience was also successful, as the number of relapses with people who went through such a program was minimal.
Studies by scientists have also shown that an important cause of people's irritability is the high level of stress that is characteristic of a modern person working in complex jobs and living in a big city.
Therefore, scientists recommend using the services of psychologists and psychotherapists, which will also help get rid of excessive irritability towards neighbors.
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Instruction 74.ru: what to do if an insane neighbor interferes with living
Residents of a courtyard in the center of Chelyabinsk have been trying for several months to help an old woman who has “gone roof”.
For several months, residents of the courtyard in the center of Chelyabinsk cannot cope with the inadequate neighbor and her relatives.
For several months, residents of the house on 21 Plekhanova Street have been trying to help 83-year-old Praskovye Filippovna. According to them, the old woman “went off the roof”, and the daughter and grandson, who also do not differ in adequacy, scoff at her. What turned out to be attempts to help an elderly woman and what to do in cases where insane neighbors ruin your life, 74.ru understood.
The heroine of our other material, Larisa Khudyakova, who is suing the insurance imposed on her, turned to the editorial office. She lives next door to Praskovia Filippovna and every day sees what is happening in the family of a pensioner.
- A few years ago Praskovia took her daughter and grandson to her. They are also not completely healthy mentally, and so that they would not be taken to a boarding school, they settled them at home. As far as I know, documented deviations in the family are not confirmed. Grandmothers live on retirement. The daughter flatly refused to apply for a pension - she says that she will be taken to Sweden from day to day, - Larisa Ivanovna shares the story. - But recently, I began to notice that they are constantly breaking into it, mocking her. She walks around the courtyard wearing only tights, shouting: “Give me bread, I will die soon. They beat me. ”
According to Larisa Khudyakova, the district policeman whom she turned to reported that there was no crime, and nothing could be done, especially since they would not let them into the apartment.
- We have already passed through all instances. When an employee of the defense came, the grandson threatened to hit her in the head with an ax. Then, when Praskovya left the apartment, I called her, she came, took a picture of her. Statements were also written to the police, they say that they have no right to break into a house without a crime, ”says the pensioner. - The city health department said that they could not pick her up - only with her consent or relatives. Even they were in the clinic, a doctor was sent from there, but they did not let him into the house. They appealed to the local deputy, promised to help, but so far there has been no reaction. It’s scary for her, it’s not the fifth day. And the grandson threatened me, so as not to come near.
The district policeman, to whom this territory is assigned, informed 74.ru that he had only recently received an appeal and in the near future, together with social security officers, would visit the address. In the regional Ministry of Social Relations, they confirmed that they can help only on a voluntary basis or with the consent of relatives, as well as if a person is in a hopeless situation.
“We do not treat, our service can only put a person in a neuropsychiatric boarding school,” explained Svetlana Hotz, spokeswoman for the Ministry of Social Relations.
The city police clarified that such questions should be addressed first to the precinct.
- The policeman must check the signal. If a person violates public order, he will receive a fine, ”the press service of the Ministry of Internal Affairs in Chelyabinsk specified. - Hospitalization is possible only with his consent or relatives. And only a court can recognize a mentally unhealthy and prescribe compulsory treatment.
In this case, it turns out that until any misfortune occurs, helping Praskovya Filippovna is almost impossible. According to the law, it is possible to prescribe treatment today and even just check for mental, narcological and alcoholic diseases only with the consent of the person himself or his legal representatives (parents, guardians). And unhealthy, as a rule, cannot realize their problems. Recognizing a person as legally incompetent is generally possible only in court.
The intervention of law enforcement officers with a further medical examination is possible only in extreme cases, when there is a direct threat to the life of the person himself or others. They do not even have the right to enter apartments if this is not an emergency or is not required to save a life. Not so long ago, 74.ru told the story of residents of a high-rise building, whose neighbor leaked gas and rushed at the repairmen with an ax. As a result, the gas workers were able to get into the house only accompanied by the police.
“It’s another matter that it is possible to achieve eviction of a neighbor who leads an asocial lifestyle, destroys common house property, and does not allow normal life through the courts,” said Anatoly Vershinin, the communal ombudsman. - But from experience, this is a very complicated procedure and it is almost impossible to bring it to eviction. These are isolated cases.
What to do if an inadequate neighbor impedes living?
Designating a single and unambiguous mechanism is not easy. We tried to do this with a lawyer, Alexander Shcherbinin. First of all, if a neighbor behaves inappropriately, you need to try to collect as much information about him as possible: is he registered with a psychiatric clinic, has he undergone treatment, is he recognized as capable. But in the hospital, most likely, they will not tell this to outsiders, only through a request from law enforcement officers.
Talk with neighbors, relatives who can live with a neighbor together, his guardian (if the person is recognized as legally incompetent). You can try to negotiate with relatives and yourself (only not during the period of exacerbation), tell you what does not suit you. Perhaps already at this stage it will be possible to solve the problem - in cases where the patient does not pose a threat to himself and others, it is possible to identify a person for compulsory treatment only with his consent or with the consent of his parents or guardian.
If all else fails, gather evidence of inappropriate behavior: take photos and videos, attract witnesses. All this will serve as evidence in the police and help the ambulance quickly understand what is happening to the patient. But first, turn to the district police officer - he must come to a neighbor and check all the charges.
Photo: Polina Avdoshina (infographic)
If a mentally unhealthy neighbor is a source of danger to others and it was not possible to agree, write a statement to the police. Attach all evidence.
If a neighbor has an attack, he, for example, screams, throws himself under the wheels of a car, threatens to injure himself, but is not dangerous for the rest, - call an ambulance. Without the consent of the person and his guardians, a psychiatric examination can only be carried out if the person poses a danger to himself and others, is helpless or without serious mental health damage.
If a neighbor threatens someone else’s life, for example, breaking into your apartment, attacking with an ax, call the police immediately. They cannot pick him up, since a mentally unhealthy person is not subject to criminal liability, but can call an ambulance for psychiatric help.
If it was not possible to solve the problem at any stage, one thing remains - to obtain permission from the court for involuntary hospitalization of a mentally unhealthy neighbor. To do this, you need to write a statement addressed to the head doctor of the neuropsychiatric dispensary. In Chelyabinsk, it is the regional clinical specialized neuropsychiatric hospital No. 1 on Kuznetsova Street. Attach evidence of insanity; in the future, the psychiatrist takes over the case to the court. It is not necessary that the court decides to hospitalize a neighbor. After the treatment, the neighbor himself may well return to the apartment and begin to bother you again, then he will have to go all the way again.
We add that approximately from October 1, the police will again begin to work with violators of silence. По статье 13 закона Челябинской области «Об административных правонарушениях» шуметь нельзя в рабочие дни с 22 до 6 часов, в выходные и нерабочие праздничные дни – с 23 до 8 часов. Нарушителям-гражданам грозит штраф от 1 тысячи до 5 тысяч рублей, должностным лицам – от 5 тысяч до 25 тысяч, юрлицам – от 10 тысяч до 100 тысяч рублей.
Всё о вступлении закона о тишине в силу и механизме его работы – в материале 74.ru.