The Code of Administrative Offenses of the Russian Federation determines the initiation of a case. Stages of initiating administrative proceedings

Scientists conducted research on the human psyche. According to them, living in major cities, exposes their residents to colossal nervous and mental stress. Because of this, the law on peace and quiet of citizens of the Russian Federation acquires everything higher value for residents of megacities such as Moscow, St. Petersburg, etc.

The normative act gives answers to the following questions: what is the time of peace and quiet for citizens at night, from when and until how much noise can be made in an apartment according to the law of the Russian Federation, what to do if the upstairs neighbors are constantly making noise, what is the risk of disturbing the peace and quiet of citizens at night, etc.

Law on peace and quiet of citizens of the Russian Federation

Effects of the provisions of this legislative norm was started in 2002, and all subsequent changes made to it were aimed at ensuring the peace of citizens and became more and more stringent. In general, the law helps to protect the peace of people. Specified legal act sets a period of night time during which silence must be observed: from 11 pm to 7 am.

During this time period no noise allowed not only on local areas, summer areas in houses, but also in:

• In medical institutions;
• In hotels and sanatoriums;
• In boarding homes and nursing homes;
• In children's institutions, etc.

This means that in the above places according to legal requirements Also prohibited:

• Turn on TVs, music equipment, etc. at high volume. In this case, it is considered a violation not only to turn on sound sources at high volumes in non-residential premises apartments on the streets, but also in premises where trade is carried out (shop, shopping pavilion, shopping salon, etc.).
• Scream, sing loudly, play various musical instruments.
• Turn on alarms that operate by sound notification.
• Explode fireworks and other pyrotechnics.
• Perform various repairs, as well as loading and unloading work.

The legislator has established that the above actions will be considered an offense, if they significantly disturb the peace of people. This clause is intended to prevent abuse of the law.

It is aimed at determining the circumstances and time when it is possible to make noise in the apartment, and also contributes to the possibility of observing the rights and interests of those people who experience unforeseen force majeure situations (flooding, emergency evacuation, security vehicle and housing under alarm, urgent renovation work when emergency situation etc.).

This means that in in this case offenses are intentional, illegal actions, which entail disruption of the peace of citizens.

In order to ensure the operation of the law, types of violations of silence have been established, as well as conditions under which the actions of people, employees of an organization, and other persons are lawful. Based on the provisions of the law, it is not considered an offense:

• Actions aimed at eliminating the emergency situation, as well as its consequences;
• Actions caused by the need to carry out urgent work aimed at ensuring public safety citizens;
• Conducting religious ceremonies, customs, etc.

It must be remembered that the noise level that is allowed:

• at night in housing, should not exceed 30 dB;
• During the day, noise should not exceed 40 dB.

If we focus on a noise level that is understandable to everyone, then 30 decibels approximately corresponds to the sound level during a normal conversation.

Noise level from different sources (for comparison):

• 30 dBA – human whisper, ticking of a wall clock;
• 40 - 45 dBA – calm conversation;
• 55 dBA – the sound of a passenger car;
• 75 dBA – vacuum cleaner sound;
• 78 dBA – baby crying;
• 90 dBA – the cry of an adult;
• 95 dBA – hammer drill operation;
• 120 dBA – jackhammer operating level.

The Law on Silence in Moscow and the Moscow Region has been amended since January 1, 2016

The rules of the law, aimed at ensuring the peace and normal course of life of citizens, have introduced a provision that prohibits carrying out repair work from 19:00 to 9:00 am. The ban also applies to repair work. from 13:00 to 15:00 every day, as well as around the clock on Sunday and established in accordance with federal legislation non-working holidays.

These changes do not apply to detached houses. Their action is aimed at regulating relations for residents apartment buildings.

The requirements specified in the law should not violate the rights of a person who has purchased a new home and is trying to redesign it and make repairs in it in order to speed up the ability to use the home for its intended purpose.

Therefore, for new apartment buildings, it is established Grace period– 6 months from the date of entry apartment building into operation. During this period, the above protected time periods will not apply.

According to legislators, changes to the law on silence in Moscow take the most rational and balanced approach to ensuring the rights of citizens, while establishing the time when noise can be made in the apartment. Thus, the interests of socially vulnerable categories of citizens, elderly people, disabled people and infants will be respected.

Added: On December 1, 2016, deputies of the Moscow Regional Duma adopted in the final reading the bill “On Amendments to the Law “On Ensuring Peace and Peace of Citizens in the Moscow Region,” according to which apartment buildings In the region it is prohibited to make noise before 9 am and after 19 pm.

Responsibility for violating the law on silence

For illegal actions that violate the provisions of the law “On ensuring peace and quiet of citizens in the Moscow region”, liability is provided for, which is established by the rules of Article 3.13 of the Code of Administrative Offenses of Moscow. The rules of this legal norm provide for the application of sanctions, which are a warning or a fine:

• if the peace of citizens is disturbed at night (from 11 p.m. to 7 a.m.);
• if repair work is carried out at unauthorized times of the day.

Amount of fine that can be imposed for violation, defined:

• For individuals: from 1,000 to 3,000 rub.
• For officials– from 4,000 to 8,000 rubles.
• For legal entities persons – from 40,000 to 80,000 rubles.

In addition to the circumstances specified in the law, which exclude the application of penalties for violating silence at an unspecified time, the legislation determines the possibility of holding entertainment events in Moscow, which are organized by local authorities, if entertainment and holiday events in Moscow is carried out by decision local administration and cover night time, then penalties in this case are not applied to the organizers.

The effect of the law on silence in other regions of the Russian Federation

Legislation on silence similar to this legal norm operates in other cities and regions of Russia. Just like in Moscow, the provisions of the laws on silence in each region prohibit behaving noisily, singing loudly, playing music, performing repair and construction work at night and during the daytime, if such rules are established by the Regulatory Legal Act.

Almost everywhere, the time from 11 pm to 7 am is considered night time. But, for example, in the city of Kazan the time from 11:00 pm to 6:00 am is considered night time, in Yekaterinburg from 10 pm to 8 am, etc. The law on peace and quiet of citizens in St. Petersburg prohibits making noise on weekends until 12 :00 p.m. In case of violation established rule to physical persons may be subject to a fine of 5,000 rubles. And if an organization violates such rights, the fine can be up to one million.

Typically, in the rules established by the legislation on silence, the time periods and penalties for violations are almost the same in all regions of Russia. However, there are also interesting points that I would like to draw attention to. For example, the rules said legislation V Arkhangelsk region prohibit pets from howling, barking, and making other loud noises. For violation of such rules, penalties may be applied to their owners. In Stavropol you cannot dance at night if this leads to a violation of the permissible noise level.

Procedure for violating the rules of silence legislation

The law decides whether it is possible to make noise on weekends is not in favor of those who are young and active.

The metropolis is a large hostel in which there is no room for liberties.

A multi-story anthill must obey the rules of the hostel, and arguments about the fact that my apartment is my fortress, a place where I am allowed to do what I want, alas, are nothing more than fantasies.

In contact with

What is silent mode

The silence regime is a law that came into force on January 1st. 2016. Until this time, the peace of citizens was protected by sanitary standards stated in the Federal Law “On the Sanitary and Epidemiological Status of the Population”, adopted in 1999, and a regulation from 2002 regulating the rules of behavior and compliance with the permissible noise level.

But it was in 2016 that the norms of the regime and responsibility for their violation came into force. You can’t make noise not only in apartments, but also in adjacent areas, as well as:

• in medical and preventive institutions;
• kindergartens and schools;
• public places;
• gardening plots, holiday villages.

It is important to know: wherever citizens live and rest, study, receive treatment, etc., the law on silence must be observed.

In many ways, these measures were caused by residents' dissatisfaction with the renovation work being carried out and the noise from construction tools.

Noise in the apartment

Now, according to SanPin standards, the concept of time is interpreted in a new way. The concept of “night time” is excluded and the following is added:

• daytime from 7 to 23 hours;
• night from 23 to 7 am;
• morning from 6 to 10 o'clock.

The permissible noise level requirements apply to the mornings of weekends and holidays.

Installed in Moscow and the Moscow region separate norms. Night from 21 to 8 o'clock on weekdays, on weekends from 22 to 10 o'clock. And you can’t make noise on Sundays and holidays from 13 to 15 hours.

Permissible noise level in the apartment

The law very clearly sets the standard at 50 decibels during the day and 30 at night. To break the law means to risk money - now non-compliance with the silence regime is administrative responsibility and involves payment of a fine.

You should not make loud noises, as well as:

• play musical instruments;
• listen to a loud radio or TV;
• use construction equipment, do repairs;
• use household appliances that make loud noises.

How to determine volume? Do not walk around with a tester that records the volume in your hands. You need to understand that:

• speaking in a whisper means creating a noise of 30 dBA;
• speak loudly – ​​40dBA;
• baby crying – 70 dBA;
• scream – 90 dBA;
• a working vacuum cleaner creates a noise of 75 dBA;
• hammer drill – 90 dBA.

Note: The neighbors respond especially keenly to the noise of repair work. The maximum permissible noise violation during the day is 5 decibels, but no more.

In close proximity to railways and highways, the excess is permissible by 10 dB. But this does not mean that the roar produced by the train can be increased by shouting or other noise.

What to do if your neighbors complain about you

The soundproofing of our apartments leaves much to be desired. The booming sound of footsteps, the running of children, loud laughter, unfortunately, irritates neighbors and is regarded as an encroachment on their rights and their peace.

What to do if your neighbors complain about you? First of all, don't be offended. You don’t choose your neighbors; it’s our duty to respect them. Do this:

1. Meet your neighbors, make friends with them;
2. Take all measures to reduce noise, lay carpets, buy good soft slippers;
3. Limit the playfulness of children, activities in sports section will be beneficial in every sense;
4. Make additional soundproofing in the apartment. Modern soundproofing materials will help.

Today, soundproofing gaskets are used between the base and the laminate, fibrous substances with a high sound absorption coefficient are laid, and a backing made of polyethylene foam, polystyrene foam, or cork is used. Exist efficient technologies

Soundproofing of the ceiling and walls is done using:

• fiberglass;
• silica fiber;
• vibroacoustic sealant.

Various technologies are used to guarantee peace and quiet in the house. And this is not all the possibilities of the modern construction market.

Take note: such work in the complex will cost from 250 rubles per 1 m² to 250 € for the same volume. Expensive, you say, but how much does your health and the peace of your household cost?

Getting to know your neighbors is also useful from the point of view of use common property, which is the entire space of the house with the exception of apartments, and from a criminal point of view, neighbors will help look after the children and the apartment during your absence.

Where to complain about loud neighbors

The law states that disturbing the peace and quiet of the population is gross violation sanitary standards, control over compliance with which is the responsibility of .

It is their responsibility to measure the noise and determine how much the noise level is exceeded. permissible level. Is your neighbor carrying out renovations that violate the silence rules? The inspector will record noise indicators and issue a protocol on administrative offense.

But if your neighbors get rowdy at night, what should you do? Call the police. It is important to record the fact of the violation and file it.

Violation of the silence regime at night is classified as an encroachment on the privacy of citizens, as a violation public order. In this case, there is no need to record the noise level. The district police officer accepts your application, formalizes it properly and gives it a go.

Procedure and rules for carrying out repairs according to the law

But the neighbors still need to come to an agreement! Especially if repairs are coming, which take time and sometimes result in unplanned work, additional deadlines.

It is not prohibited by law to carry out renovation work in the apartment. On weekdays in production construction work You are allowed to study from 8 a.m. to 6 p.m., with a break from 1 p.m. to 3 p.m.—this is mandatory!

Weekends and holidays require silence from 10 pm to 10 am. When carrying out work for more than 6 hours, it is important to leave an hour for silence.

It would be right to enlist written consent neighbors, this guarantees their understanding and patience. There is no need to annoy your neighbors - plan to carry out the work in stages.

General rules for carrying out noise works

Maintaining silence is not difficult at all. Compliance required simple rules:

• do not carry out noise work related to the reconstruction of apartments on holiday weekends;
• maintain silence at night;
• during repair and construction work in weekdays take a break.

That's all the rules. Noise work includes those that use power tools, a hammer, an ax, etc.

For parties, choose a time when it will not disturb your neighbors.

How to host a noisy weekend event at home

The same rules should be followed if you need to hold a noisy event on Saturday or Sunday at home. Use the time to have fun when your neighbors can't complain about the noise.

Almost every resident of apartment buildings has encountered the problem of noise in the neighborhood, which interferes with sleep or work. But is it possible to fight this and if so, how?

What to do if you yourself are the source of noise and thereby greatly irritate the inhabitants of your home? To answer these questions, it is enough to know what you are entitled to if you suffer from noisy neighbor. You also need to remember how long you can tolerate noise, and when it’s worth fighting it.

The twenty-first century is deservedly recognized as the noisiest. And this is not at all surprising, since all around us there are continuous sources of noise in the form of cars, household appliances, repair devices. People themselves are often the source of noise, because not everyone knows how to control the volume of their own voice when communicating.

All this noise can have a detrimental effect on the general well-being of any normal person. Human body needs regular and quality rest. Against the background of noise interference, people often cannot rest properly. As a result, insomnia, migraines, chronic fatigue and irritability.

So that every person can relax and accumulate energy for next day was developed the federal law No. 52 “On sanitary and epidemiological standards” regulating the well-being of the population.

One of the points of this law is devoted to permissible noise exposure during the day. The first law of this kind in our state was adopted back in 2002. Since then, it has been constantly supplemented and updated.

In 2016, some changes were made to the law that will help protect against neighbors making noise above the permissible level. wrong time. By knowing the basic requirements of this law, you can avoid unnecessary irritation from neighbors and receiving fines for being too loud.

In order to know how and what to deal with, you must first understand what exactly is considered a violation of silence.

By law it is:

• Talking or shouting too loudly;
• Pyrotechnic products;
• Repair work and equipment that can disturb the peace of the residents of the house;
• Construction work that takes place close to residential building or directly in it;
• Sound amplifiers used in in public places(including those working while the vehicle is moving);
• Loud music or singing;
• Repeated activation of the car alarm;
• Household appliances with increased noise output;
• Animals that make loud noises.

Noise of any kind that can disturb the peace of surrounding citizens, both during the day and at night, can become a cause for conflict with all the ensuing consequences.

The permissible noise level in the daytime is 40 decibels, and at night – 30. Violation of these standards is dangerous administrative punishment in the form of a fine.

Until what time do neighbors have the right to make noise?

Specific time frames regulating the possibility of noisy activity of neighbors are not specified in the law “On Silence”. Right to regulate this question in temporary space is assigned to regional authorities.

Thus, in each individual region, the time of the “noise day” may differ slightly.

A similar restriction is accepted local councils. The average time during which the silence regime must be observed in the regions of the country is between 23:00 and 7:00.

In addition to the above rules, others also apply:

• Continuous noisy construction work cannot exceed 6 hours;
• Repair work, regardless of whether it was carried out daily and whether it was noisy, should not last more than 3 months;
• The noise coming from special equipment should not be higher than 40 decibels;
• If there is a need to carry out any construction or repair work at a time not intended for this, it is imperative to agree on this issue in writing with all neighbors without exception;
• Any music lessons, development of practical skills in playing musical instruments or singing should be stopped when a period of silence occurs;

Time limits according to which neighbors can make noise on weekends

On weekdays, loud repairs or other sources of noise do not often disturb neighbors, since most people are at work during the day. But doing noisy work on weekends can cause increased dissatisfaction and even lead to the emergence of conflicts and scandals on this basis.

In order to avoid clashes, neighbors can agree in advance how and when they can make noise. IN otherwise You need to know your local regulations regarding loud work on Saturdays and Sundays or other legal days off.

By law, in almost all regions of the country, the silence regime on Saturday is no different from weekdays. But on Sunday, neighbors do not have the right to violate the silence throughout the day.

This rule also applies to all holidays except January 1st. Although there are, of course, still regions in which Saturday is also a day to rest from noise.

Is it okay for neighbors to make noise during their lunch break?

According to the updated law “On Silence” regional authorities may regulate any on weekdays noisy work or entertainment that must stop during the lunch break. Lunch time lasts from 13:00 to 15:00.

You can find out more precisely how much noise is allowed in a particular region by contacting representatives local authorities with a request for a corresponding decision of the council.

Dealing with noisy neighbors

If you are unlucky with your neighbors, and they allow themselves to make noise as much as they please, you have the opportunity to influence their way of life. It is certainly quite difficult to achieve a result in this war, but it can be done legally.

To begin with, all civilized people have the right to try to reach an agreement and ask a neighbor not to make noise when it is already prohibited or to make noise less when his work or entertainment exceeds the permissible volume.

If such negotiations do not produce results, then you have the right to contact law enforcement authorities. They must act according to the law, taking decisive action against violators who do not know or do not want to know how long and how loudly they can engage in high-profile cases.

Violators of civil peace have the right to impose administrative penalty, which can become a significant means of punishment.

If the lawbreaker repeats his illegal actions, employees law enforcement have the right to impose a fine on him double size. In case of malicious disobedience to the decision of local authorities and violation of the law “On Silence”, he can be arrested for 15 days.

The size of the fine is determined by the decision of local councils and can range from 1,000 to 50,000 rubles. The amount depends not only on the region, but also on who the fine is imposed on (legal entity or individual).

If police representatives refuse to respond to a call, and a neighbor still does not want to pay attention to how noisy he is in an apartment building, you don’t just need to call the duty station. For a more effective response, you can demand from the police serial number of your call, which they assign to each call.

You also have the right to demand an explanation of why they refused to respond to the appeal. As a rule, such a conversation will become an impetus for police officers to perform their duties.

At what time of day can you make noise in apartment buildings? When can renovation work be carried out in an apartment?

Few of the residents of our country understand from what hour and until what time it is necessary to observe the silence regime. This fact can be easily explained by the fact that in different parts of our homeland, different time indicators have been legalized, dictating to us when we can make noise and when we can’t. In other words, in the Russian Federation there is no all-Russian law that would regulate such relations. Federal authorities They set their own time frames depending on the region, daylight hours or other criteria.

From what time and until what hour can you make noise in an apartment building?

• On average, noise time in Russia ends at 20:00-23:00, and starts from 6:00-8:00.
• So, for example, in Moscow it is allowed to disturb neighbors with loud noises from 7:00 am to 11:00 pm, regardless of the day of the week.
• In the Moscow region, you can make noise from 8 am to 9 pm, and on weekends from 10 am to 10 pm.
• In St. Petersburg and Leningrad region. It is allowed to create noise from 7:00 to 22:00, regardless of the day of the week.
• Nizhny Novgorod, Tyumen and Yekaterinburg boast longer quiet times - from 10 pm to 8 am on weekdays, and on weekends from 7 pm to 9 am.
• Perhaps the most minimal time limits set for noise prevail in Kazan. Residents of this city are allowed to make noise from 6:00 to 23:00, and on weekends - from 9:00 to 19:00.
• Novosibirsk authorities have legalized a taboo on noise on weekdays from 8 pm to 8 am, while on weekends these periods are 9:00 and 20:00, respectively.
• Krasnoyarsk can be “buzzing” from 7 am to 10 pm, and on weekends from 9 am to 8 pm.
• In Chelyabinsk there is a noise ban from 10 pm to 6 am on weekdays and from 11 pm to 8 am on weekends.

From when and until what time can repair work be carried out?

• As for repair work, the sound amplitude varies from of this type labor far exceeds all other work and occupations of our citizens. That is why in some regions this type work is highlighted in a separate column - it has its own time frame.
• In Moscow, for example, you can carry out repairs only from 9 a.m. to 7 p.m. At the same time, a mandatory daily break has been established - from one to three o'clock in the afternoon. As for weekends, carrying out any repair work on these days is strictly prohibited. The only exceptions are cases when people have purchased an apartment in a new building and are engaged in its capital improvement. At the same time, perform similar works on weekends it is possible only up to a year and a half from the date of commissioning of the house, and then during strictly specified hours - from 9:00 to 19:00.
• In the Moscow region, temporary restrictions on household noise and sounds from repair work are the same. True, there should be a mandatory pause between 13:00 and 15:00.
• In St. Petersburg and Leningrad region You can make noise from repair work from 7 a.m. to 10 p.m. Also unconditional is an hour break every six hours.
• In all other regions of Russia, a ban on repair work on weekends is most often practiced, and on weekdays it is allowed to carry out repair work in the same period of time as the production of household noise.

What is the punishment for violating the “silence regime”?

• If residents of an apartment building are disturbed by noise or other loud sounds emanating from any of the apartments, they have the right to call the police. True, before resorting to such radical methods, you can first try to talk with the violators and ask them to stop making noise, and only then call the law enforcement officers when they have not heeded the requests.
• When the police come to a call, they can also get by with just a warning for the first time.
• The second violation will already be fraught with the drawing up of a protocol administrative violation and a fine.
• The amount of the fine is also set by local authorities and can vary from one thousand rubles to 50 thousand rubles.
• Such restrictions apply not only to owners of apartments in apartment buildings, but also to other public establishments located in or near them (cafes, bars, restaurants, nightclubs).