The lawyer recalled the responsibility for violating the law on silence due to cleaning
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- The lawyer recalled the responsibility for violating the law on silence due to cleaning
Exceeding the noise level during cleaning may become grounds for administrative liability. On February 18, Sofia Lukinova, head of the Legal department of VMT Consult, told Izvestia about the acceptable norms and the procedure for protecting the rights of tenants.
According to her, during the daytime from 7:00 to 23:00, the noise level in residential premises should not exceed 40 dBA, and the maximum is 55 dBA. During the night hours, from 23:00 to 7:00, the permissible level is 30 dBA, and the maximum is 45 dBA. In a number of houses, additional hours of silence are set, usually from 13:00 to 15:00, when noisy work is prohibited.
"Only indicators exceeding the established standards can be considered a violation of sanitary and epidemiological requirements," Lukinova stressed.
If neighbors complain about the noise, the violator may face an administrative fine of up to 1,000 rubles under Article 6.4 of the Code of Administrative Offences of the Russian Federation. If the silence regime is systematically violated, it is possible to apply to the court with a claim for compensation for moral damage.
To confirm the fact of excess noise, an official measurement must be carried out. The expert noted that the court accepts as evidence only the conclusion of an accredited specialist, an employee of Rospotrebnadzor or a licensed commercial organization. Independent measurements are not legally binding.
Additionally, witness statements from other residents may be used, as well as audio and video recordings made at the time of the alleged violation. These measures are relevant both for the complaining party and for the one who defends himself against the accusations.
If citizens encounter noisy neighbors, the lawyer recommended trying to resolve the situation peacefully. If there is no result, you can contact the district police officer or the police to fix the violation. Next, a check is performed with a measurement of the noise level. If the violator ignores the requirements, it is possible to appeal to the prosecutor's office.
On February 4, Deputy Chairman of the State Duma Committee on Construction and Housing and Communal Services Sergey Kolunov announced plans to increase fines for unsanitary conditions in apartments by at least 10 times. According to him, it is proposed to increase the sanctions to 5-10 thousand rubles for citizens, up to 10-20 thousand for officials and sole proprietors, and up to 100-200 thousand rubles for legal entities. The parliamentarian noted that the current norms of Article 6.4 of the Administrative Code of the Russian Federation have not been reviewed since 2008. He stressed that low fines do not encourage violators to respect the rights of their neighbors.
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