Unified Russia the rules of silence doesn’t exist, says a member of the Duma Committee on labor, social policy and veterans Affairs Olga Pavlova. It is regulated by regional laws, which also accepted far not in all subjects of the Russian Federation.
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In Moscow, for example, it is impossible to rustle from 23 o’clock to 7 o’clock. Is forbidden to carry out noisy repairs from 19 to 9 hours 13 to 15 hours and on Sunday and public holidays. In the suburbs in early April imposed additional restrictions on noisy repairs during the epidemic – allowed it to do it only from 9 to 11 and from 17 to 19 hours on weekdays, on Saturday allowed period even shorter, and on Sunday and public holidays it is impossible to make the clock (and from April 13 to April 19 for construction and repair works in Moscow and the region in General is forbidden).
the Main question now – whether to use from Monday to Friday, regulation of noise is for weekends or for weekdays, says the head of the national project “Good neighbours”, an employee of the HSE, Sergei Kuznetsov. “These days outside, but they are not equal to the output. In different regions it is treated differently,” – said Kuznetsov.
“the President Declared non-working days – not holidays. So in Moscow, for example, from Monday to Saturday, within the legal hours of noisy repair can be done,” – said the lawyer, President of the NGO “Right to protection” Andrey Tutunik. If the neighbors are clearly violating the norms of silence, first of all try to negotiate with them about a time when you can and when not to make noise. If the neighbor does not compromise – contact the police. “The Protocol on violation is official ATS says Tyutyunin. – Citizens, whose peace and silence are violated by the actions of the neighbors have the right to address in court with the requirement about collecting of indemnification of moral harm, and the systematic violation of their rights on eviction of the neighbor from occupied under a lease of the premises. This is an extreme, rarely applied measure.”
Complaints about a noisy organization takes Gosadmtekhnadzor one may refer, for example, if the night noise of nearby construction or the store. Complaints of individuals, as a rule, dismantled the administrative Commission of the municipalities.
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In practice, according to Kuznetsov, breaking the silence, if it happens only from time to time, it is very difficult to fix. By the time the police arrived the noise may stop. For fixing it alone is not enough, for example, record – required special certified devices. And even if at the time of visit of the police the noise is in full swing, the police usually can only appeal to the offender to order, to make the Protocol, but to punish can not. “The police will give information about the violation to the administrative Commission in the municipality, which will cause the intruder, but he could not come,” – said Kuznetsov. The Complainant will have to collect many documents, to sue, to seek indemnification, even if such a decision will be made by the court.
“Stop the noise usually help multiple calls to police – said Kuznetsov. – If the person constantly coming to police, he in the end understands that it is easier to negotiate with the neighbors.”
“Even if the region is the “law of silence”, it may not be the mechanism of commit violations or may not be spelled out ppolnomochiya authorities responsible for fixation, – says Pavlov. – We have drafted amendments to the Housing code of the Russian Federation, where it is proposed to introduce a single procedure”.
Restrictions on noise at the weekend do not apply to non-business days
Many HOAs and management companies, especially in houses-new buildings, establish their own rules of observance of silence during certain hours all tenants, said Tyutyunin. General meeting of owners can move “quiet time” or to permit repairs on Sunday, says Kuznetsov. Of course, the law is above these rules. But if you go to court, they can be counted as a mitigating circumstance, if the resident “buzzed” by the approved tenants routine.