Where to go if the silence is broken. Is it possible to make noise on Saturday and Sunday? Is it possible to make noise on weekends? Repairs and acceptable noise

Let's talk about administrative responsibility for disturbing the peace and quiet of citizens.

According to SanPiN, a person can tolerate constant noise without harm to the hearing organs 55 decibels during the day, 40 decibels at night.

These are only physiological requirements, they do not say anything about violation of the conditions comfortable stay. But even these minimum physiological norms in conditions Russian cities are constantly exceeded.

For comparison: noise road works estimated at one hundred decibels, motorcycle roar - 90 dBA, lively car traffic on the street it gives 80 dBA, a car horn - 120 dBA.

Article of the Code of Administrative Offenses of the Russian Federation

Require the violator to comply sanitary standards, he can be punished by the authorities of Rospotrebnadzor under articles of the federal Code of Administrative Offenses 6.4, 6.3.

According to article of the Code of Administrative Offenses 23.13, the level must be determined by the Rospotrebnadzor authorities, who also draw up a protocol on the identified violation.

Under article of the Code of Administrative Offenses 20.1 such actions cannot be failed, because this article contains a comprehensive list of what constitutes disorderly conduct.

Unfortunately, the Code of Administrative Offenses does not otherwise regulate the issues of protecting citizens of the Russian Federation in peace and quiet. In Russian legislation they are referred to the jurisdiction of the subjects.

Article of the Code of Administrative Offenses of the Russian Federation 6.3. Violation of legislation in the field of ensuring sanitary and epidemiological welfare of the population Violation of legislation in the field of ensuring sanitary and epidemiological welfare of the population, expressed in violation of existing sanitary rules And hygienic standards failure to comply with sanitary, hygienic and anti-epidemic measures - entails a warning or the imposition of an administrative fine on citizens in the amount of one hundred to five hundred rubles; for officials - from five hundred to one thousand rubles; on persons carrying out entrepreneurial activity without forming a legal entity - from five hundred to one thousand rubles or administrative suspension activities for up to ninety days; on legal entities- from ten thousand to twenty thousand rubles or administrative suspension of activities for up to ninety days.

Silence laws

At night

Noise at night in most regions is a violation of public order, sanctions for it are established by regional laws based on police protocols.

What are the legal quiet hours? According to SanPiN (and in Moscow) this is the period from 23.00 to 7.00, but in the regions the evening limit sometimes moves to 22.00, and the morning limit to 8.00.

In this case, the issue is resolved by calling the police and drawing up a report.

The degree of violation of citizens' rights is determined subjectively by the police officers called upon the fact of the violation, according to the testimony of witnesses; no special measurements are required for this. Funds from collected fines go to local budgets.

When carrying out repair work during the day

The laws of the capital and the Moscow Region on the peace and quiet of citizens are among noisy work When renovating apartments, they include fixing plywood to the floor, chipping, installing or dismantling the gypsum board frame.

Noise also occurs when partitions are broken, furrows are made in the walls for various kinds cables, work on fixing a suspended ceiling.

IN daytime preventing neighbors from carrying out repair work is much more difficult, since not all entities consider this fact as an offense. This can be done by referring to SanPiN 2.1.2.2645-10, SN 2.1.8.562-96.

These standards provide for a sound level equivalent to 30 dBA at night, 40 dBA during the day, maximum - 45 dBA at night, 55 dBA during the day. Exceeding any of these levels is already an offense. During the daytime, these levels can be exceeded by 5 decibels; in houses adjacent to city highways - by 10 decibels.

Decree of the Government of the capital No. 857-PP dated December 7, 2004 approved the Rules for conducting repair work, in case of violation of which you can call the police and draw up a report on violators. For now this applies to night time.

Work related to the redevelopment of apartments is prohibited from being carried out during the daytime on Sundays and holidays. On other days they should be held from 9.00 to 19.00.

In internal documents Many management companies and homeowners associations have a strict procedure for obtaining permits similar works, their time frames.

According to these rules, night repair work in Moscow is possible only in special cases By special permission prefect.

At the same time, it is not allowed to drive piles, leave vehicle engines running, or use megaphones.

Associate Professor of the International Law Institute

Ask a question to an expert

In an apartment building

Article 17 of the Constitution of the Russian Federation states that the rights of citizens cannot be used to the detriment of the rights of other citizens. Federal Law on Silence in Russia No. 52 03/30/1999 requires maintaining sanitary conditions in residential premises. norms, bringing those who violate them to official, administrative, and criminal liability.

Resolution No. 26 Federal Government 01/21/2006 requires the same from residents living in social contracts hiring You can also in in this case rely on Articles 17, 30 of the LC, definition No. 88-APG12-1 of the Supreme Court of the Russian Federation 03/21/2012.

In the private sector (dacha area)

Whether there is a separate law about maintaining silence in residential buildings? For residents of the private sector and dacha cooperatives, the same rules for maintaining silence are established as for residents of an apartment building.

If your neighbors violate your rights at night, call the police; during the day, contact the Rospotrebnadzor authorities.

Lunchtime, weekends

There is also a law on breaking silence during the daytime. The Moscow Region law on breaking silence additionally establishes “quiet hour” daily 13.00-15.00, on weekdays 21.00-8.00, on Sunday and Saturday 22.00-8.00 .

Apartment renovation work on weekends prohibited 24 hours a day. Violating the silence during repairs, as well as by loudly turning on sound-amplifying devices at this time in the region since March 2014, is a violation of public order.

In 2015, a similar clause in the law is expected to be adopted in Moscow.

Where to contact?

How to deal with neighbors who make noise and is it possible to call the police?

If it is impossible to agree, we need to call the police, participate yourself and attract other neighbors to testimony when drawing up the protocol.

If the police officer refuses to write it, ask him to explain to you in writing the reason for his refusal.

Demand that each such call be recorded in the duty station.

How to deal with noise?

If your neighbor persists in ignoring your right to silence, you need to get him summoned administrative commission. We write statements to the court, to the prosecutor's office.

During the day

Can neighbors make noise during the day? The Daytime Silence Law states that it is necessary to order specialized measurements of the noise that occurs if it is constant.

The Rospotrebnadzor laboratory draws up protocols based on methodological instructions 4.3.2194-07.

According to these MUK, this examination is not carried out if the increase in noise level is caused by random or natural phenomena, normal activities of people or their illegal actions, talking, listening to music, radio, watching television, loading and unloading and emergency work(including repair ones), pyrotechnics, slamming doors, mass events, divine services within the canons of the respective faiths.

At night

What is the punishment for disturbing the silence at night? At night, if the silence is disturbed, the police must be called.

Its employees will draw up a protocol on the basis of which the culprit will be held accountable and fined for violating silence at night.

Constantly making noise

What to do if the upstairs neighbors are constantly making noise? At systematic violations You can raise the question of eviction of neighbors. If an organization unlawfully creates noise, its activities can be suspended.

Until what time can you make noise?

How much noise can neighbors legally make? On weekdays, apartment repairs can be carried out in an occupied building between 9.00-19.00.

At 23.00-7.00 the noise should not be higher than forty decibels. This is roughly the noise a running computer creates.

Where to call?

You shouldn’t reciprocate: also start making noise, play loud music, hoping that your neighbor will notice. Moreover, use death threats and fists.

In this way, you yourself can become one of the violators. Call the police.

Writing an application

The statement is written to the local police officer V free form . It is certainly necessary to note the repeated violations of silence, Taken measures, cases of calling the police.

It is very effective to sign other neighbors under your application.

My neighbors' air conditioner is noisy, what should I do?

Installation of an air conditioner in an apartment building is permitted with the consent of the neighbors. Its noise during the day there should be no more than 79 decibels, at night - according to general night standards.

If a neighbor violates these rules, you should contact housing inspection, Rospotrebnadzor.

Responsibility

Administrative violations of this type are considered by municipal administrative commissions on the basis of regional laws.

Fine

If the police determine noisy behavior determined to be a violation of public order, according to regional laws, a noisy neighbor will be fined five hundred rubles. The second time the fine will double.

For officials, a fine of up to one and a half thousand rubles has been established, in case of relapse - up to ten thousand; for legal entities – 10-30 thousand rubles.

Articles federal Code of Administrative Offenses 6.4, 6.3 If violations of sanitary standards regarding noise levels are proven, they propose to collect from citizens a fine for violating the silence of 100-500 rubles, from entrepreneurs - 500-1000.

In relation to organizations, liability increases to a fine of 10,000-20,000 rubles, suspension of activities for up to three months.

But for this it is necessary to prove that this violation is permanent, it arises as a result of a guilty violation by this legal entity of the established technology and procedure for carrying out such work.

Bottom line

In most cases, calling the police is enough. Even if, according to the law, the internal affairs bodies in certain cases are not authorized to stop the violation, their appearance will prove to the violator the seriousness of your intentions.

If your rights to silence are seriously and persistently violated, you must aggressively pursue their protection. Surely you will not be alone in this endeavor. With the joint actions of neighbors, it will be easier to eliminate the source of disturbance.

In Moscow, as in most other regions of Russia, there is a law that protects the peace of citizens from noise, vibrations and other irritants. It is popularly called the “Law on Silence in Moscow.” From January 1, 2019 in legal act no changes were made, latest edits dated December 14, 2016 and valid from January 1, 2017.

Let us tell you what Moscow Law No. 42 “On maintaining the peace of citizens and silence in Moscow” is - this is the full name of the document.

Legal basis of the silence law

Regional laws, including the law on silence in MSC, are based on the norms Federal Law“On the sanitary and epidemiological welfare of the population” N 52-FZ, as well as numerous standards and GOSTs that determine permissible level noise and vibrations in an apartment building. For example, it was found that normal level noise in residential areas:

• during the daytime – from 40 to 55 dBA;
• at night - from 30 to 45 dBA.

Exceeding these indicators is harmful to human health and can cause mental disorders, insomnia, heart rhythm disturbances and even diseases such as gastritis and stomach ulcers.

The time period when daytime ends and nighttime begins is determined by regional “silence laws,” also called “noise laws.” In 2019, for the most part they correspond federal standards– night from 23-00 to 7-00, as, for example, the Moscow silence law of 2018. Also regional laws install separately:

• what sounds should not be made at night (for example, moving furniture, singing, playing musical instruments, etc.);
• time to produce renovation work in residential premises (for these works, due to their noise, more stringent standards apply);
• daytime breaks when repairs cannot be done (this is the so-called “quiet hour” for children);
• a list of exceptions when the norms of the “noise law” can be violated.

Law on silence in Moscow from January 1, 2019 - official text

The Moscow law strictly complies with the federal standards established in the law 52-FZ on silence, but the document also has its own differences. Night time in the capital begins at 23-00 and lasts eight hours - until 7:00. At night it is forbidden to exceed the permissible sound level:

• playing musical instruments;
• singing songs;
• listening to musical works;
• watching your favorite TV or radio programs;
• whistling a tune;
• performing loading and unloading operations.

These restrictions apply not only to residents apartment buildings(MCD), but also to:

• patients of hospitals, clinics, dispensaries;
• guests of hotels, boarding houses, sanatoriums, hostels;
• visitors to preschool educational organizations and social service institutions;
• vacationers in front of house areas and leisure areas in courtyards.

Most of the above points were introduced into the Moscow city law on silence in 2016 and have been in effect since January 1, 2017. They are also relevant in 2018.

When is it prohibited to make repairs?

The Moscow city law on silence separately regulates the rules for carrying out repair work. In accordance with the document, only residents of an apartment building are exempt from complying with the schedule for a year and a half after the house is put into operation. For the rest, the Moscow law on silence introduces strict restrictions.

It is prohibited to repair or make alterations (reconstructions):

• V weekdays in the evening and at night - from 19:00 to 9:00, and also during the day - from 13-00 to 15:00;
• on Sundays and official holidays.

What responsibilities are provided?

For violation of the noise law in Moscow, administrative liability is provided in accordance with the capital's Code of Administrative Offenses (Article 3.13). The sanction is expressed in the form of a fine:

• for citizens – from 1,000 to 2,000 rubles;
• for officials – 4,000 to 8,000 rubles;
• for legal entities – from 40,000 to 80,000 rubles.

Citizens who violate the rules of the law on silence in the city of Moscow during the elimination of various emergencies: accidents, natural disasters, catastrophes, etc. are exempt from punishment. Representatives of official religious denominations who perform rituals within the canons of their religion are not responsible for unnecessary noise.

Where to complain?

If illegal noise is made by organizations or establishments, e.g. night club, stall, workshop with round-the-clock production, then you need to contact Rospotrebnadzor. Department experts with special knowledge And necessary equipment, record the noise level and compare it with current standards. In case of excess, the organization will be brought to administrative responsibility, and the citizen will subsequently receive legal grounds demand, through the prosecutor's office or court, either a complete cessation of the activities of the troublemakers, or the carrying out of noise insulation work so that the law on silence is no longer violated.

The situation is more complicated when the troublemakers are ordinary neighbors or just passers-by who are having a party at the entrance. In this case, contacting Rospotrebnadzor, whose specialists do not respond to calls at 3 a.m., will not help. It is necessary to contact the police, but law enforcement officers do not always promptly respond to such calls and take measures to maintain the peace of citizens. In addition, by the time they arrive, the noise may stop, and only verbal accusations will remain as evidence. However, there is no other way out. Neighbors are advised to join forces, record the violation of the silence law in Moscow on video, collect witnesses and transfer all evidence to law enforcement officers.

Law on silence in Moscow from January 1, 2019 official text - published in help system"Consultant Plus".

The bill was first passed State Duma in 1999. Since then, it has been amended several times (sometimes even several times a year).

Moreover, changes were proposed not only by federal officials. At the subject level, improvements were also made to the document. For the most part, they concerned the establishment of maximum permissible volume levels and times during which noise is not prohibited.

The deputies were prompted to develop the project by constant complaints from residents of apartment buildings. The complaints boiled down to one thing - the neighbors are noisy in late time and don't let you sleep. People complained about the noise of repairs and loud music.

The people's representatives decided that it would be easier to establish certain standards noise than trying to understand each specific conflict. Therefore, they developed a law on silence. Official text regulates the permissible sound volume level:

• during the day, 40 decibels is considered normal;
• A level of 30 decibels is set at night.

It is allowed to exceed the indicator by 15 units, but only during the day. For example: 40 dB is the volume of speech, screaming is fixed at a level of 80 to 90 dB.

Noise can be produced by street transport, electrical appliances ( washing machine or refrigerator), neighbors (this includes shouting and listening to music or watching TV). The list includes sounds made by pets, noise made during renovations or rearranging furniture.

How much noise can you make in an apartment in 2018?

IN latest edition the law says what to break established indicators The volume is only allowed on New Year's Eve.

On other days, you cannot exceed the standards. By law, it is prohibited to make noise louder than 30 decibels at night. The restriction is valid from 21:00 to 8:00 on weekdays. However, most regions have different time frames.

In Moscow and Moscow region

The capital's deputies adopted their own bill, which established a time of silence. It is prohibited to exceed the permissible volume level between 23:00 and 7:00. In the near future they are also going to limit repair work from 19:00 to 9:00 and from 13:00 to 15:00.

In the Moscow region, different rules apply. The night period begins at 21:00 and ends at 8:00. On weekends and holidays making noise is prohibited from 22:00 to 10:00. And during the lunch period from 13:00 to 15:00, repairs or rearrangement of furniture cannot be carried out.

In St. Petersburg

IN northern capital limited the volume level from 22:00 to 8:00. On weekends and holidays, noise is prohibited until 12:00. During this period it is prohibited:

• watch TV or listen to music loudly;
• scream;
• carry out repair work or move furniture.

In St. Petersburg, a number of exceptions have been made by law that make it possible to violate the law on peace and quiet. For example, noise is not prohibited when dealing with natural disasters, carrying out activities to protect the rights of residents, or performing religious services.

In the Altai region

In the Altai Territory, noise cannot be made between 10:00 p.m. and 8:00 a.m., and on weekends until 9:00 a.m. During the day, it is prohibited to exceed the volume level between 13:00 and 15:00. At the same time, the law requires maintaining silence not only in apartment buildings, but also on local areas, V medical institutions, In gardening societies.

Repair work cannot be carried out from 20:00 to 9:00. The restriction does not apply to new buildings that were put into operation less than one and a half years ago.

In the Nizhny Novgorod region

According to current amendments, the law on silence in Nizhny Novgorod region sets night time from 22:00 to 7:00 on weekdays and from 23:00 to 10:00 on weekends and holidays. There is a concept in the region “ quiet time"(break for nap for children and the elderly) – from 12.30 to 15:00.

Legislative norms also require ensuring that the silence is not disturbed by car alarms or sound amplification equipment in leisure facilities, regardless of the time of day.

In Krasnoyarsk

Deputies of the Krasnoyarsk Legislative Assembly adopted amendments according to which the period from 22:00 to 9:00 is considered night time. However, the law does not apply to:

• carrying out emergency and rescue operations;
• events planned by officials;
• state and city holidays.

In other cases, it is prohibited for residents of apartment buildings, owners of cars or retail outlets to exceed the volume.

In Novosibirsk

The people's representatives of Novosibirsk regulated daytime and night periods of silence. You cannot make noise from 13:00 to 14:00, from 22:00 to 7:00 (on weekdays) and from 22:00 to 9:00 (on weekends and holidays).

For construction work determined the allowed time frame:

• from 7:00 to 20:00 on weekdays;
• from 9:00 to 20:00 on weekends.

According to the latest amendments made, in Novosibirsk, the cries of animals and the chirping of birds are considered a violation of silence.

Neighbors are noisy after 11:00 pm: what to do according to the law in 2018

Residents who are faced with neighbors exceeding the permissible volume level for the first time should try to solve the problem peacefully.

If the conversation with the troublemakers does not lead to anything, you need to contact the police. During another scandal(listening to music, repairs, etc.) call the squad at number 02.

Law enforcement officers are required to draw up a protocol. Next, the document is handed over to the district police officer, who must conduct a conversation with the violators. In case of repeated non-compliance legislative norms noisy neighbors will be fined.

Where to complain if the neighbor's child is noisy and crying?

In this situation, residents can rarely solve the problem through conversation. Experts recommend sending neighbors whose child constantly disturbs the silence an official complaint.

And only if no action has been taken, you need to contact the police, administration and management company.

If there are a lot of dissatisfied people, it is worth sending collective complaint to Rospotrebnadzor. But you need to be prepared for the long haul trial. IN in rare cases Violators may be forced to evict.

A barking dog at the neighbors: where to apply according to the law

If residents are haunted by a barking or howling dog, and conversation with neighbors has not brought any results, they will have to contact law enforcement agencies. The district police officer must conduct preventive conversation with the animal owner. But sometimes this doesn't help.

In this case, find an organization that deals with keeping pets and report your neighbor’s irresponsible attitude towards the animal. Before doing this, make sure that the dog is being mistreated. The pet can be removed from a careless owner or they can be helped to stop it from barking.

Fine and punishment for noise after 23:00 in 2018

Violation of the silence law may result in a fine. Subjects independently set the amount of penalties:

• in Moscow, individuals will have to pay from 1 to 2 thousand rubles, officials and legal entities - from 40 to 80 thousand rubles;
• in St. Petersburg minimum fine for residents is 500 rubles, the maximum is 5 thousand rubles. Legal entities can be charged up to 200 thousand rubles;
• in the Altai Territory, a penalty of 500 rubles will be imposed for violation. up to 3 thousand rubles For individuals and up to 10 thousand rubles. for officials and legal entities.

What to do if there is noise in the yard under the windows

If noise comes from the street, residents should also contact the police. The actions of violators fall under the law on silence. The duty squad must arrive at the scene and draw up a protocol (or several, if more than one person is making noise).

In addition, you can submit an appeal to the management company or HOA. Employees of the organization are required to ensure that the law is observed in their assigned territory.

If noisy company gathers next to point of sale, you can write a statement to the police or Rospotrebnadzor with a request to check whether the ban on the sale of alcohol at night is being observed there.

Residents of all regions of Russia can defend their right to peace. Violators of the silence law will have to pay a fine if neighbors complain about them.

Every person after working day wants to relax in peace and quiet. Also, silence after 23:00 is necessary if there are small children in the house who sleep according to a schedule, or elderly people who are used to going to bed early. Residents of the house must comply with the rules, otherwise they face a hefty fine. It is a mistake to believe that if neighbors complain about excessive noise, it means that they are harmful and scandalous. The fact is that doctors believe that at 150 dB a person can lose their hearing. That is why there are noise limits that cannot be exceeded. IN otherwise the violator may be subject to administrative liability. Avoiding conflict is not difficult, just follow the rules and not make noise at night. How to deal with noise after 23:00: noise limits, exceeding which impairs hearing Some people purchase a special device that determines the noise level in decibels.

Federal law on silence - how to avoid quarrels with neighbors?

For those who do not have such a mechanism, here are some examples:

• leaf noise exceeding 40 dB is harmful to hearing;
• Conversation above 50 dB also negatively affects hearing;
• Children's screaming above 75 dB threatens hearing impairment;
• heavy music above 120 dB is dangerous for hearing;
• airplane turbine noise exceeding 120 dB has a negative impact on hearing;
• Also, the noise of the machines should not exceed 85 dB, otherwise problems will arise.

During the day, all these norms can be exceeded, since there will be no fine for this. The only thing is that you will significantly worsen your hearing. As for night time, there should be no loud sounds after 23:00.
Quiet Laws Excessive noise at night is a public nuisance. In accordance with the law of the Russian Federation, a fine is established for this violation.

Law on disturbing the peace and quiet of citizens at night 2015

In these cases, the motive is to satisfy the individualistic need for self-affirmation by belittling and ignoring the merits of other people. 5. Theory administrative law refers to mandatory features characterizing the offense, sign public danger(about the sign of public danger, see

commentary to Article 2.1). The presence of this sign may mean that the act causes or creates the precondition for causing harm public relations. It is necessary to delimit petty hooliganism from hooliganism, punishable under Part 1 of Article 213 of the Criminal Code, which states that the corpus delicti constitutes gross violation public order, expressing clear disrespect for society, accompanied by the use of violence against citizens or the threat of its use, as well as the destruction or damage of other people's property.

Read more about the administrative fine for violating silence at night

Qualification under Part 2 of Article 20.1 is possible only if a government representative or other person performed this moment duties to protect public order or suppress violation of public order. Disobedience should be distinguished from resistance to government officials who maintain public order.

Important

Resistance is expressed in obvious and active opposition, in creating obstacles for government officials to perform their duties. Such actions are qualified under Article 318 of the Criminal Code.

4.

Attention

The subjects of the offense are citizens. 5. C subjective side the offense is intentional. 6. Protocols on administrative offenses, provided for by this article, are officials of internal affairs bodies.

7.

Quiet time - from ten to six

How to deal with noise If your neighbors are constantly making noise at night, you can complain about them to the police, the prosecutor or the court. If residents make noise during the day, you must first measure the noise level, and if it exceeds the norm, then you should contact the appropriate authorities with a complaint.

Let us note that if the noise appeared accidentally or for reasons for which the residents of the house are not responsible, then in this case they cannot be held administratively liable. As for dealing with noise, it is not at all necessary to argue with your neighbors, much less use force.

Also, the wedge by wedge option is not suitable in this case. You must first talk to the neighbors who are disturbing the silence, explain to them that they are wrong.
It is enough to explain in detail what awaits them for the violation, and also make it clear that you are not going to put up with this and are ready to write a complaint.

Article 20.1. petty hooliganism

Part 2 of the commented article provides for liability for committing qualified petty hooliganism associated with disobedience to the legal demand of a government official or other person performing duties to protect public order or suppressing a violation of public order. In this case, disobedience must be in direct causation with an attempt by government officials or other persons to stop hooliganism. For example, the actions of a person brought to the duty station of the internal affairs bodies for committing petty hooliganism, related to the refusal to comply, cannot be qualified under Part 2. legal requirement police officers about personal search. Such actions constitute a set of offenses provided for in Part.
1 of this article and part 1 art. 19.3 Code of Administrative Offenses of the Russian Federation.

Violating the silence at night Coap article

Main object this offense is public order- established by regulatory legal acts, generally accepted moral norms, customs and traditions, rules of conduct for citizens in in public places. Additional objects offenses may involve the person, other people's property, established order management.

The concept of “public place” has no legislative regulation and is determined based on the content legal norms various industries rights establishing a list of public places in relation to specific articles (see, for example: part 2, 3, article 20.20 of the Code of Administrative Offenses of the Russian Federation).

Administrative fine for violating silence and noise at night

In these cases, the drawing up of protocols on administrative offenses under Part 1 of the commented article subsequently entails the termination by the court of the case of an administrative offense for lack of corpus delicti (see, for example: Resolution of the Deputy Chairman of the Altai regional court in case No. 4a-260/2012; Generalization judicial practice consideration of cases of administrative offenses, provided for by part 1 Article 20.1 of the Administrative Code, approved by the Presidium of Chelyabinsk regional court 05/16/2012). Such actions can be qualified according to the legislation of the subjects Russian Federation, for example, as a violation of the peace and quiet of citizens at night (see Article 8 of the Law of St. Petersburg dated May 12, 2010 N 273-70 “On Administrative Offenses in St. Petersburg”).

Article 20.1 of the Code of Administrative Offenses of the Russian Federation. petty hooliganism

The bill also clarifies that the peace of ordinary people can be disturbed not only in their apartments. Or, as the authors of the document put it, “in residential premises,” but also in places common use residential buildings, in hotels and hostels, in the territories of microdistricts and groups of residential buildings.

Those who like to spend a noisy night will face extremely unpleasant financial losses. Thus, for committing the listed noise effects, sanctions are provided in the form of a warning or the imposition of an administrative fine in the amount of 1 to 2 thousand rubles on ordinary citizens.

From 3 to 5 thousand rubles - for officials. But firms will pay the most: from 30 to 50 thousand rubles - a fine for legal entities. Playing instruments, shouting, singing, construction and loading work The initiative has a collective author - Legislative Assembly Jewish Autonomous Region.

What is the fine for noise after 23:00 in 2018

Public places, in addition to places of significant concentration of citizens (streets, public transport, airports, train stations, parks), include any places that are free for access by an indefinite circle of people, in which there are or may appear people (entrances, underground passages, landings, territories gardening partnerships and etc.). The subjects of the offense are sane citizens over 16 years of age.

Taking into account that the sanctions of the article provide for an alternative punishment in the form of administrative arrest, bringing to justice individual categories violators is carried out taking into account the provisions of Part 1 of Art. 2.5, part 2 art. 3.9 Code of Administrative Offenses of the Russian Federation. Subjective side an offense is guilt in the form of direct intent.

The subject of petty hooliganism can be a person who has reached the age of sixteen at the time of committing the offense and is sane (see Articles 2.3 and 2.8 of the Code of Administrative Offenses of the Russian Federation). 4. From the subjective side, petty hooliganism is usually characterized by direct intent.

The person is aware of the illegality of his actions, foresees what will happen as a result of their commission, and desires this. It also happens that the offender does not want such a result, but deliberately allows it.

In this case, there is petty hooliganism committed with indirect intent. Being in public places, surrounded strangers, the offender may see in their behavior a reason for committing their actions or even provoke it. However, it should be noted that such a reason is disproportional to the actions committed by the offender.