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Dictation "Peacebreaker" for grade 9

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The Russians want to be allowed to call a police outfit because of loud music in the next apartment - and the law enforcement officers will be required to quickly respond to each of these signals. Responsibility for violation of peace and quiet, including at night, was proposed to be included in the new draft Code of Administrative Offenses (CAO). Night bullies for "extracurricular" love of modern hits or dances will have to pay up to 3 thousand rubles. With such an initiative, the Federation Council addressed the commission on the development of the document on behalf of the Russian regions (the letter is at the disposal of Izvestia). Now, in order for law enforcement officers to travel to such challenges, subjects are forced to conclude additional agreements with them. So far, only a third of them have done this, while the rest have adopted laws on silence, but they do not work. Experts agree that changes to the Code of Administrative Offenses are necessary, but they doubt that they will become a sufficient incentive for the police.

Too loud

The Federation Council, taking into account the position of the regions, proposes to supplement the 14th chapter of the draft of the new Code of Administrative Offenses with another part of an administrative offense. It will provide for responsibility for committing actions that violate the peace and quiet of citizens, including at night (from 23:00 to 7:00). The penalty will be a fine in the amount of 1 thousand to 3 thousand rubles (for an individual).

The letter addressed to the interdepartmental working group on the preparation of the new Code of Administrative Offenses of the Russian Federation states that we are talking about "any actions, regardless of the noise level, violating the right to rest in citizens' homes." These include even loud singing or the use of sound reproducing devices. Moreover, the article does not apply to violations of peace and quiet associated with the suppression of offenses, the elimination of emergency situations, the holding of official cultural events, as well as religious holidays.

Now this norm is valid in all 85 constituent entities of the Russian Federation. In a number of regions, administrative liability has also been established for noise during the daytime (during the whole day period or during certain daytime hours, as a rule, from 13 to 15 hours). Violation of silence, as a rule, refers to screams, playing musical instruments, the use of televisions, tape recorders and radios, construction work. In some entities, for example, in St. Petersburg, Moscow, the Chechen Republic, these include the use of pyrotechnic devices and the non-deactivation of car alarms.

At the same time, the police participate in the suppression of such violations only if the region has concluded an agreement with it on the relevant offenses. Of the 85 regions, only 28 have such agreements with the Ministry of Internal Affairs.

As a result, a situation is created in which in a number of regions such violations turn out to be unpunished, Irina Rukavishnikova, a member of the Federation Council committee on constitutional law and state building, emphasized in a conversation with Izvestia. The introduction of this structure in the Code of Administrative Offenses at the federal level will remove the problem of involving the police in the suppression of these offenses, she is sure.

- We have a single country, and the concept of law and order should be the same regardless of where a person lives. Its key positions should be provided at the federal level. Each of us has earned the right to peace and quiet at least at night, ”said the senator.

According to her, the proposals of the regions have already been sent to all interested departments.

Who will come

To find out the position of the departments concerned, Izvestia turned for comments to the Ministry of Internal Affairs and the Ministry of Justice. The Ministry of Justice confirmed that they had received proposals from the constituent entities of the Russian Federation for the draft new Code of Administrative Offenses, including the inclusion of a new administrative offense.

“This information was brought to the attention of the working group responsible for preparing the text of the new Code of the Russian Federation on administrative offenses,” the press service of the department said.

As the first deputy chairman of the State Duma committee for the development of civil society, issues of public and religious associations, Dmitry Vyatkin, who is part of the working group to develop a new CAO, told Izvestia, the proposals of the regions are being worked out.

- There are many complaints from citizens about violations of peace and quiet. And our task is not just to establish a new administrative offense, but to clearly state who should respond and go to citizens' calls on such complaints. In some cases, it may be the bodies of the Rospotrebnadzor, and in some cases, the police, he said.

Right to rest

According to Valery Zinchenko, managing partner of the Pen & Paper Bar, the situation with silence in different regions is not uniform: somewhere at night it is forbidden to move furniture, and somewhere local authorities set a “quiet hour” during the day. Moreover, the fact of violation of regional laws on silence does not always entail administrative responsibility, he said.

“In the absence of federal legislation and clearly delineated powers to draw up administrative protocols between the Ministry of Internal Affairs and subordinate committees of local authorities in some regions, no one fights in silence,” said the lawyer in a conversation with Izvestia. - The inclusion in the Code of Administrative Offenses of an article on liability for violation of silence should eliminate the existing discrepancies and contradictions, give the corresponding rights to law enforcement officers and ensure the right of citizens to rest without noise, screaming and singing after school hours.

Police officers do not participate in this involvement not because there is no legislation, but because they cannot or do not want to respond to every noise, said lawyer Natalya Tarasova.

Laws on violating the peace and quiet of citizens have long been in force in many countries of the world, and the fine for violating the peace and quiet of citizens, including in the daytime, ranges from $ 100 to $ 1,000. In Hungary, such a fine takes into account not only the noise level, but also the area of ​​the inhabited neighborhoods suffering from it. In Germany, the law on protecting the peace of citizens is also valid during the daytime on weekends, and the local police prevent these violations.

Troublemaker

At night, Andrei was awakened by a hostess rooster. Andrei had never seen him, because the rooster lived in the far corner of the courtyard. The boy was sure that he could easily distinguish him from all the other cocks in the world. This rooster had a rusty, hoarse voice. When he screamed, it seemed that someone was scratching the glass with a piece of iron.

The cock repeated his “crow” exactly eight times at large intervals. In between, he obviously listened: did the other cocks support him? Perhaps the mistress of the rooster was the main instigator of the surrounding roosters. As soon as he started, he was picked up by such a powerful choir that even the roar of an electric train sank in it. The rooster bawled not only at night and at dawn, but also during the day, when the residents hid from the heat in cool rooms. And every time a commotion arose in the rooster tribe. It is so tired of everyone that once a cheerful Georgian invited the mistress to sell a cock. The hostess silently listened to him and answered shortly: “No!”

See also other dictations in Russian for grade 9.

Examples of the use of the word outrage in the literature.

Busty raised to outrage calm frantic look - You shark tripe!

The senatorial fathers deigned to give them state posts, but under pressure from Anthony and the urban mob, they chose the most humiliating of the posts, which were usually assigned to notorious insignificants and outrage calm, for this allowed them to be removed from Rome without subjecting them to exile.

That the preaching of the apostles even after the ascension of Christ had the same content is evident from Acts 17.6: they brought, says the apostle Luke, Jason and some brothers to the city leaders, shouting that these are all-light outrage they came here too, and Jason received them, and all of them act against the commandments of Caesar, honoring the king of another, Jesus.

Not finding them, they brought Jason and some brothers to the city leaders, shouting that these all-world outrage they came here, 7 and Jason received them, and all of them act against the commandments of Caesar, venerating another king, Jesus.

Drawd Jason and some brothers to the city leaders, shouting that these all-world outrage they came here too, and Jason received them, and all of them act against the commandment of Caesar, venerating another king, Jesus.

Abstract of a scientific article on law, author of a scientific paper - Sergey Laptev, Maria Belovosh

The aim of this work is to analyze the basic regulatory provisions of the law of the Primorsky Territory “On ensuring peace and quiet of citizens in the territory of the Primorsky Territory”, as well as a comparative study of the practice of its implementation in comparison with the laws of other constituent entities of the Russian Federation. The goal set allowed us to formulate the objectives of the study: to analyze the concept of “noise” at the level of the constituent entities of the Russian Federation, to consider the need to measure noise levels and use professional instruments for measuring depending on the subjects of an administrative offense, to identify the bodies with the authority to bring to administrative responsibility in violation of citizens' rights for peace and quiet, based on judicial practice, identify the problems of bringing to administrative responsibility ty and indicate ways to address them. The main question that is answered in this article is why the law enforcer in different cases interprets the norms of the law differently and how is it possible to change this situation? Based on a comparative legal study, the following conclusions were drawn: the need to adopt a single Federal law “On the peace and quiet of citizens in the Russian Federation”, establish universal sanction for committing an offense, conclude an agreement on authorizing the Department of the Ministry of the Interior to draw up administrative protocols offenses. The theoretical significance of the work is determined by the fact that the study contributes to the study of material, information about which is not enough for an extensive description of offenses in the sphere of peace and quiet of citizens, in particular, when analyzing conflicts in the current legislation and summarizing the results of the study. The practical significance lies in the possibility of using the results of this research in practice, namely: when brought to administrative responsibility and restoring violated rights to peace and quiet. The purpose of this paper is to analyze the main regulatory and legal provisions of the Primorsky Region law “On ensuring peace and quiet of citizens in Primorsky Region ”, as well as a comparative study of the practice of its implementation in comparison with the laws of other subjects of the Russian Federation. The goal set made it possible to formulate research objectives: To analyze the concept of “noise” at the level of the subjects of the Russian Federation, Cons> noise level and the use of professional measuring instruments, depending on the subjects of the administrative offense ,> administrative responsibility in violation of the rights of citizens to peace and quiet, On the basis of judicial practice,> administrative responsibility and> federal law on the silence and peace of citizens in the Russian Federation, the establishment in it of a general sanction for committing an offense, and the conclusion of an agreement on empowering the Office of the Ministry of Internal Affairs with powers to draw up protocols on administrative violations. The theoretical significance of the work is determined by the fact that the conducted research contributes to the study of the material, information about which is insufficient for an extensive description of offenses in the sphere of peace and quiet of citizens, in particular, in analyzing collisions in the current legislation and generalizing the results of the research. The practical significance lies in the possibility of using the results of this research in practice, namely, when bringing to administrative responsibility and restoring the violated rights to peace and quiet.

The text of the scientific work on the topic "Administrative responsibility in the field of violation of peace and quiet of citizens in the Primorsky Territory: theory and practice"

S.A. Laptev1 M.A. Belovosh2

Vladivostok State University of Economics and Service Vladivostok. Russia

Administrative responsibility in the field of violation of peace and quiet of citizens in the Primorsky Territory: theory and practice

The aim of this work is to analyze the basic regulatory provisions of the law of the Primorsky Territory “On ensuring peace and quiet of citizens in the territory of the Primorsky Territory”, as well as a comparative study of the practice of its implementation in comparison with the laws of other constituent entities of the Russian Federation. The goal set allowed us to formulate the objectives of the study: to analyze the concept of “noise” at the level of the constituent entities of the Russian Federation, to consider the need to measure noise levels and use professional instruments for measuring depending on the subjects of an administrative offense, to identify the bodies with the authority to bring to administrative responsibility in violation of citizens' rights for peace and quiet, on the basis of judicial practice, identify problems of bringing to administrative responsibility ty and identify ways to solve them. The main question answered in this article is why the law enforcer in different cases interprets the norms of the law differently and how is it possible to change this situation?

Based on a comparative legal study, the following conclusions were drawn: the need to adopt a single Federal law “On the peace and quiet of citizens in the Russian Federation”, establish universal sanction for committing an offense, conclude an agreement on authorizing the Department of the Ministry of the Interior to draw up administrative protocols offenses.

The theoretical significance of the work is determined by the fact that the study contributes to the study of material, information about which is not enough for an extensive description of offenses in the sphere of peace and quiet of citizens, in particular, when analyzing conflicts in the current legislation and summarizing the results of the study.

Practical significance lies in the possibility of using the results of this study in practice, namely: when brought to administrative responsibility and the restoration of violated rights to peace and quiet.

Keywords: legislation of the Primorsky Territory, noise level, violation of peace and quiet, administrative offense, administrative responsibility, federal law, judicial practice, competition.

1 Laptev Sergey Artemievich - Ph.D. legal Sciences, Associate Professor, Associate Professor, Chair of Constitutional and Administrative Law, Institute of Law, e-mail: [email protected]

2 Belovosh Maria Aleksandrovna - student of the Institute of Law, e-mail: [email protected]

S.A. Laptev M.A. Belovosh

Vladivostok State University of Economics and Service Vladivostok. Russia

Administrative responsibility in the sphere of infringement of peace and quiet of citizens: theory and practice

The purpose of this paper is to analyze the main regulatory and legal provisions of the Primorsky Krai law "On ensuring peace and quiet of citizens in Primorsky Region", as well as a comparative study of the practice of its implementation in comparison with the laws of other subjects of the Russian Federation.

The goal set made it possible to formulate research objectives: To analyze the concept of "noise" at the level of the subjects of the Russian Federation, Consider the need to measure the noise level and the use of professional measuring instruments, depending on the subjects of the administrative offense, Identify bodies that have the power to bring to administrative responsibility in violation of the rights of citizens to peace and quiet, On the basis of judicial practice, identify the problems of bringing to administrative responsibility and identify ways to solve them.

The main question answered in this article, why the law enforcer in different cases differently interprets the norms of the law and how it is possible to change this situation.

Based on a comparative legal study, the following conclusions were obtained: The need to adopt a single federal law on the silence and peace of citizens in the Russian Federation, the establishment in it of a general sanction for committing an offense, and the conclusion of an agreement on empowering the Office of the Ministry of Internal Affairs with powers to draw up protocols on administrative violations.

The theoretical significance of the work is determined by the fact that the conducted research contributes to the study of the material, information about which is insufficient for an extensive description of offenses in the sphere of peace and quiet of citizens, in particular, in analyzing collisions in the current legislation and generalizing the results of the research.

The practical significance lies in the possibility of using the results of this research in practice, namely, when bringing to administrative responsibility and restoring the violated rights to peace and quiet.

Keywords: Primorsky Region law, noise, disturbance peace and quiet, administrative offences, administrative responsibility, federal law, judicial practice, competition.

In the framework of the law in force in 2017, the problematic issue is the realization of the right of citizens to peace and quiet. the legislation of the Russian Federation does not contain norms directly aimed at protecting citizens from external sources of noise manifesting health hazard. The aim of the work is to study the gaps and conflicts of legislation on this topic on the example of the law of the Primorsky Territory of September 29, 2014 N ° 467-KZ “on ensuring the peace and quiet of citizens in the territory of the Primorsky Territory” and the law enforcement

This practice substantiates the need to adopt a single federal law on the peace and quiet of citizens, to conclude an agreement between the administration of the Primorsky Territory and the Regional Department of the Ministry of Internal Affairs in the Primorsky Territory on the delegation of authority to employees of internal affairs bodies to bring to administrative responsibility under Art. 3.9 of the law of the Primorsky Territory on administrative offenses.

The procedure of bringing citizens to administrative responsibility for violating the peace and quiet of citizens is complicated in most constituent entities of the Russian Federation, including in the Primorsky Territory. This is reflected in materials from judicial practice. Так, в 2015 г. была подана жалоба на постановление по делу № 12-70/15 об административном правонарушении по ст. 3.9. В объяснении лица, заявившего о нарушении своего права на тишину и покой, сказано, что шум в соседней квартире, возможно, исходит от детей, бегающих по дому.According to the report of the senior district authorized body of the Ministry of Internal Affairs of Russia in Khankaisk district, R.N. follows: “Working according to P.E., it was not possible to establish who lives.” Neither in the protocol nor in the resolution in the case of an administrative offense indicates what exactly is a violation of the peace and quiet of citizens, what is expressed by noise. The law of the Primorsky Territory spelled out the objective side - actions that violate the peace and quiet of citizens, namely: listening to music, both in the apartment and in transport, in objects of commerce, catering, leisure activities, screaming, whistling, singing, playing musical tools, the use of pyrotechnic products, land, repair work, long-term failure to turn off the alarm on the car. Law enforcement authorities do not allow a different interpretation, since any distortion of the norm will worsen the situation of persons held administratively liable. The abstract assumptions that the noise comes from one apartment or another, from one or another source are not sufficient evidence in the case, the administrative penalty has been canceled due to understatement. Cancellation of decisions on administrative offenses occurs repeatedly, and this can be explained by the following facts. Violation of the peace and quiet of citizens must be established, and the protocol by the administration of the Primorsky Territory cannot be based solely on the appeal of citizens, without analyzing the materials submitted and revealing all the circumstances of the case. Due to the fact that the specialists of the Primorsky Territory administration do not have the authority to carry out operational investigative activities, citizens should contact the police. Therefore, the first stage is the appeal of citizens to law enforcement agencies. The contradictions in the current legislation are expressed in the fact that the Ministry of Internal Affairs belongs to the federal authorities, and the employees of the internal affairs bodies do not have the authority to draw up protocols, they only collect materials on the case and forward them to the administrative commissions for further consideration and drawing up the protocol, with the collegial decisions taking into account the circumstances reflected in the materials. Protocols on administrative offenses, in particular,

in the field of violation of the rights of citizens to peace and quiet, are drawn up by members of the administrative commissions of the Primorsky Territory. However, there are other officials whose authority includes drawing up a protocol on an administrative offense with the use of special devices that allow recording noise levels both at night and in the daytime, for example, heads of the Federal Service for Supervision of Consumer Rights Protection and human well-being. The employees of the internal affairs bodies are not vested with such powers.

Materials addressed to administrative commissions by police officers are in most cases insufficient and incomplete. The Primorsky Territory Administration provided the Legislative Assembly with the following information: “often in the materials sent by the police, there is no information about the person who is subject to liability. For example, Mikhailovsky, Krasnoarmeysky, Spassky municipal districts, city districts of Vladivostoksky, Lesozavodsky, Spassk-Dalniy note that often police officers do not interrogate and identify those responsible for violating the peace and quiet of citizens. ” According to the administration of the Ussuriysk urban district, out of 994 materials on prosecuting under article 3.9 of the Law of the Primorsky Territory “On Administrative Offenses in the Primorsky Territory”, submitted to the administrative commission from the Department of the Ministry of Internal Affairs of Russia for the city of Ussuriysk for five months of 2015, 752 materials were produced discontinued, accounting for 76 percent. The reason for the termination of the proceedings is the incompleteness of the materials collected by the police when the identity of the offenders, the applicants is not established, there are no witnesses. By concluding an agreement between the regional administration and the Ministry of Internal Affairs in Primorsky Krai on transferring to the Ministry of Internal Affairs of the Russian Federation a part of the authority to compile protocols on administrative offenses that encroach on public order, peace and quiet, this problem can be solved, since this function will become the responsibility of employees of internal affairs bodies and it will be possible to hold them accountable for their shortcomings.

The next problematic issue is the determination of the noise level: does it play any role in bringing unscrupulous neighbors to administrative responsibility or not? So, in the Decree of the Chief State Sanitary Doctor of the Russian Federation dated 10.06.2010 No. 64, the requirements for living conditions in residential buildings and premises are established: permissible sound pressure levels in octave frequency bands, equivalent and maximum sound levels, penetrating noise into residential buildings. During the day, 40 dBA is the maximum sound limit for perception and transfer, representing normal human speech, at night 30 dBA is a whisper, sound above 60 is uncomfortable for a person, so the maximum allowable is 55 and 45, respectively. If noise from neighbors exceeds these boundaries, a person can already inform neighbors about a violation of his rights and legitimate interests. The limit

the maximum noise figure is 100 dBA - the volume level of the orchestra or thunder. In interpreting Resolution No. 64, it seems necessary in all cases to make noise level measurements when violating citizens' rights to peace and quiet, but this is where the contradictions arise.

From the ruling in case No. 12-70 / 15, which was cited as an example above, it can be seen that law enforcement officers did not use sound meters and did not set the volume of the barking dogs, and the administrative commissions did not measure the noise level when drawing up the protocol on administrative offenses and ruling.

The opposite example is the case No. 7-12-93 of 03/19/2015, where the law firm violated peace and quiet at night, the noise came from construction work and working equipment, a noise measurement protocol was drawn up, and a sanitary epidemiological examination of the living conditions of residents, the conduct of which is entrusted to a specialist of the Center for Hygiene and Epidemiology FBUZ. We note a different interpretation by the courts, which is expressed in the fact that during the proceedings in one region and in one calendar period in the first case, the noise level was not measured, in the second it was made.

As a noteworthy case, we cite the decision of the Oryol Oblast court in case No. 5-361 / 2014 of Livny dated October 10, 2014, which stated that “the respondent’s argument that the material was not made on this material does not affect noise measurements, since the disposition of Article 10.1 part 1 of the Law of the Oryol Region on liability for administrative offenses provides for the violation of the peace and quiet of citizens at night, regardless of noise measurements. ” The disposition of the article of the law of the Oryol region is similar to the disposition of the article of the Law of the Primorsky Territory in that the Law of the Oryol Region and the Law of the Primorsky Territory do not refer to SanPiN norms and do not provide explanations about the maximum permissible noise level.

As can be seen from the analysis of judicial practice, the law enforcer in different cases interprets the norms of the law in connection with the presence of gaps in it, namely: the lack of a clear indication of the need to measure the noise level in all situations, or as an exception only for legal entities. A similar situation has developed in other regions, and therefore there is a need to introduce a single law that extends its effect throughout the Russian Federation. V.V. Muhopad in his work “Problems of Administrative Responsibility for Violating the Right of Citizens to Silence and Peace” analyzes the legislation on silence and peace of citizens at the level of different constituent entities of the federation and adheres to a similar point of view, saying that “a reasonable inclusion of norms in federal legislation would enhance effectiveness combating offenders in this area. In this connection, E.V. Weimer that administrative responsibility carries a restraining, preventive

function and does not allow citizens to inflict damage that could develop into criminal acts. ”

So, in a review of judicial practice, the Supreme Court of the Russian Federation clarified that the level of noise that violates the silence and peace of citizens should not be important for the offender if this noise comes from individuals, regardless of what it is expressed in. For example, a resident of the house of Lyubertsy, Moscow Region talked loudly and noisily, a resident of the Komi Republic loudly knocked on the front door of the apartment, these persons were brought to administrative responsibility and the court neither in the first nor in the second case claimed evidence in the form of measurement protocols noise level, or conducting another examination. Sverdlovsk District Court LLC “UK Zhilstroy-2” brought to administrative responsibility to appeal to citizens about the deterioration of living conditions due to the increased noise level from operating equipment of the heating unit and boiler. The noise level was measured by Rospotrebnadzor, and according to the expert opinion, the sound level exceeded the maximum allowable from 1 to 14 dBA, depending on the time of day. This clarification does not apply to legal entities throughout the Russian Federation, the sound pressure level, equivalent and maximum sound level in the premises of a residential building must comply with SN 2.2.4 / 2.1.8.562-96 - “Noise at workplaces, in residential, public buildings and residential areas ”, therefore, the noise level should be measured in all cases 2, 20.

The State Duma of the Federal Assembly of the Russian Federation considered and rejected on March 27, 2009 the draft federal law No. 393059-4 “On violations of the peace of citizens and silence at night and the protection of the health of citizens from harmful noise influences”, submitted by the deputies of the State Duma N.P. Zalepukhin, A.V. Mitrofanov. According to the Government of the Russian Federation, this bill did not have an independent subject of regulation, and a significant part of the legal norms of the bill contained only general concepts, which would not contribute to solving problems when applying administrative norms.

We believe that today there is a need to adopt a single federal law on the peace and quiet of citizens. At the moment, each region independently determines the types of noise prohibited at a certain time, as a result of which regional legislators interpret the definition of noise differently. in a number of regions, the most undesirable formulations of noise, such as dogs howling and loud movement around the apartment of cats, are excluded, and this seems correct, since these phenomena do not depend on the will of man. However, a ban on howling and barking of dogs, as well as on other noise from pets, exists in the regional legislation of the Samara and Arkhangelsk regions 9, 11. It should be noted such curious definitions of noise as the light signals of cars in the Republic of Buryatia, as well as actions of a dance nature, sounds , talking, swearing, etc. . Administrative responsibility

It is difficult because of the fact that in some regions it is necessary to determine the noise level, in others it is not required, in connection with this, some offenders cannot be held administratively liable in the absence of protocols for measuring noise levels.

In 2014, an individual entrepreneur (the city of Belogorsk) was illegally held administratively liable, the decision on the case was canceled due to the fact that there was insufficient evidence in the case file, and the decision did not contain information about the instruments and methods for measuring the noise level, due to with which the court canceled the decision on bringing to administrative responsibility.

An interesting fact is that the acts committed by offenders are almost identical on the objective side in most cases, but the amount of the fine imposed as a punishment varies significantly: in the Moscow Region it is 1000 rubles, and in the Komi Republic - 200 rubles. It seems advisable to fix at the federal level common borders of punishment for violators, as well as increase the size of the fine. Member of the faction of the Slovak Republic Alexander Molotov rightly noted on this issue: the size of the fine is so small that "police officers and employees of administrative commissions prefer not to mess with their execution."

In connection with the foregoing, we offer the following ways to solve the problems of bringing unscrupulous citizens and legal entities to administrative responsibility for violating the peace and quiet of citizens.

it is necessary to conclude an agreement between the Office of the Ministry of Internal Affairs of the Russian Federation for the Primorsky Territory and the administration of the Primorsky Territory on the transfer to the Administration of the Ministry of Internal Affairs of a part of the powers to draw up protocols on administrative offenses encroaching on public order and public safety, in particular, according to Art. 3.9 of the Law of the Primorsky Territory of March 5, 2007 No. 44-KZ “On Administrative Offenses in the Primorsky Territory”.

The legislator should develop an unambiguous concept of noise or that which violates the peace and quiet of citizens. The need to clearly measure the level of noise that violates the peace and quiet of legal entities should be clearly established, and the procedure for measuring it should be regulated.

The consolidation of the concepts, necessity, and procedures for measuring noise levels should be included in the provisions of the Federal Law “On the Peace and Peace of Citizens” in the form of a peremptory norm for the law enforcer, this would have an effect on the legal consciousness of the offender, which corresponds to the purpose of the administrative penalty prescribed in the Code of Administrative Offenses of the Russian Federation.

Legislatively establish a single penalty in the form of a fine for violating peace and quiet, increasing it to 5,000 thousand rubles.

To prescribe in law the powers granted to police officers to draw up protocols on administrative offenses that infringe on public order and public safety, in particular, in case of violation

the rights of citizens to peace and quiet. The implementation of this proposal eliminates the need for an agreement between the Ministry of Internal Affairs and the Administration of Primorsky Krai.

1. Weimer E.V. Rehabilitation of administrative prejudice. Civil society and the rule of law. Barnaul: AAEP publishing house, 2015.V. 2.P. 100.

2. Case No. 5-18 / 2014 (5-461 / 2013) on an administrative offense under Article. 6.4 Administrative Code of the Russian Federation, in relation to the limited liability company "Management company Zhilstroy-2" // Federal justice. URL: https: // rospravosudie. com / court-sverdlovskij-rajonnyj-sud-g-kostromy-kostromskaya-oblast-s / act-447396524 /

3. Case No. 5-184 / 2014 On administrative responsibility in the Komi Republic // Federal justice. URL: https://rospravosudie.com/court-ust-cilemskij-sudebnyj-uchastok-s/act-214073758 /

4. The Code of Administrative Offenses (CAO RF) 195-ФЗ dated 12/30/2001 // ATP "Consultant Plus". URL: http://www.consultant.ru/document/cons_doc_ Iaw_34661 / 74754240d170cc049cd7b313852fd5985eb0aafc /

5. Muhopad VV Problems of administrative responsibility for violation of the right of citizens to peace and quiet // Questions of legal science: a view of young scientists: Sat. Art. under the editorship of A.A. Sergeeva. Barnaul: publishing house Altai Academy of Economics and Law, 2015.S. 57-64.

6.About the introduction of the new edition of the sanitary-epidemiological rules and standards of SanPiN 2.2.1 / 2.1.1.1200-03. Sanitary protection zones and sanitary classification of enterprises, structures and other objects: Resolution of the Chief State Sanitary Doctor of the Russian Federation of September 25, 2007 No. 74 // ATP “Guarantor”. URL: http://base.garant.ru/12158477/#ixzz464UDaPWY

7. On the legislation of the Primorsky Territory and monitoring the enforcement of normative legal acts of the Primorsky Territory adopted by the Legislative Assembly of the Primorsky Territory for 2015: report of the Legislative Assembly of the Primorsky Territory. URL: https://docviewer.yandex.ru/?url=http%3A%2F%2Fwww.zspk. gov.ru% 2Fupload% 2Fiblock% 2F00a% 2Fmonitoring2015.pdf & name = monitoring2015. pdf & page = 2 & lang = ru & c = 57176adf6d94

8. On administrative responsibility for violating the peace and quiet of citizens at night in the Republic of Buryatia: Law of the Republic of Buryatia dated July 06, 2004 No. 738-lll // ATP “Garant”. URL: http://base.garant.ru/29502549/

9. On administrative offenses: Law of the Arkhangelsk Region dated June 3, 2003 No. 172-22-OZ // ATP “Consultant Plus”. URL: http://base.consultant.ru/regbase/ cgi / online.cgi? Req = doc, base = RLAW013, n = 12756

10. On administrative offenses in the Primorsky Territory: Law of the Primorsky Territory of March 5, 2007 No. 44-KZ // ATP "Guarantor". URL: http://base.garant.ru/30107230/

11. On administrative offenses in the Samara region: Law of the Samara region dated November 1, 2007 No. 115-ГД // ATP “Garant”. URL: http: // base. garant.ru/8311111/

12. On ensuring peace and quiet of citizens in the territory of the Primorsky Territory: Law of the Primorsky Territory of September 29, 2014 No. 467-KZ // ATP "Guarantor". URL: http: // www.garant.ru/hotlaw/primor/568829/

13. On contesting the decision of the administrative commission of the Khankai municipal district in case No. 12-70 / 15 on an administrative offense under Part 1 of Art. 3.9 of the Law of Primorsky Krai No. 44-KZ “On Administrative Offenses” // Federal justice. URL: https://rospravosudie.com/ court-xankajskij-rajonnyj-sud-primorskij-kraj-s / act-500737256 /

14. On contesting the decision on bringing to administrative responsibility // Federal justice. URL: https://rospravosudie.com/court-as-amurskoj-oblasti-s/ judge-moskalenko-ivan-aleksandrovich-s / act-308497321 /

15. On contesting the decision of the judge of the Pervorechensky district court in case No. 7-12-93 on an administrative offense under Article. 6.4 of the Code of the Russian Federation on administrative offenses // Federal justice. URL: https://rospravosudie.com/court-primorskij-kraevoj-sud-primorskij-kraj-s/ act-486964769 /

16. On approval of the List of officials of Rospotrebnadzor and its territorial bodies authorized to draw up protocols on administrative offenses: order of the Federal Service for Supervision of Consumer Rights Protection and Human Well-Being of June 1, 2005 421 // ATP “Garant”. URL: http://base.garant.ru/12140720/#ixzz45soa90pj

17. Official review of the Government of the Russian Federation of 08/15/2007 3304p-P12 On the draft Federal Law 393059-4 "On violations of the peace of citizens and silence at night and the protection of public health from harmful noise effects" // ATP "Consultant Plus". URL: http://base.consultant.ru/cons/cgi/online.cgi?base=PRJ&n=69582&req=doc

18. The decision of October 15, 2014 in case No. 5-361 / 2014. URL: http://sudact.ru/magistrate / doc / 6Yb7Le27z1NC /

19. The AKZS Legal Committee recognized the Social Revolutionary’s proposal to increase fines for violating the peace and quiet of citizens as inappropriate. URL: http: //www.altai.spravedlivo. com / 005118382-00134.html

20. Kulikov V. Quietly, the court will come // Russian newspaper. Federal issue No. 5734 (61) dated 03/27/2012. URL: http://rg.ru/2012/03/21/sud.html

1. Vaimer E.V. Reabilitatsiya administrativnoi preyuditsii. Grazhdanskoe obshchestvo i pravovoe gosudarstvo, Izd-vo AAEP, 2015, Vol. 2, p. 100.

2. Delo No. 5-18 / 2014 (5-461 / 2013) Ob administrativnom pravonarushenii, predusmotrennom st. 6.4 KoAP RF, v otnoshenii obshchestva s ogranichennoi otvetstvennost'yu “Upra-vlyayushchaya kompaniya Zhilstroi-2”, Rospravosudie, URL: https://rospravosudie.com/ court-sverdlovskij-rajonnyj-sud-gast-gast-sud-gast-gast-sud-gast s / act-447396524 /

3. Delo No. 5-184 / 2014 Ob administrativnoi otvetstvennosti v Respublike Komi, Rospravosudie, URL: https://rospravosudie.com/court-ust-cilemskij-sudebnyj-uchastok-s/act-214073758/

4. Kodeks ob administrativnykh pravonarusheniyakh (KoAP RF), No 195-FZ ot 12/30/2001, SPS "Konsul'tantPlyus", URL: http://www.consultant.ru/document/cons_doc_ law_34661 / 74754240d170cc049cd7b313852fd59ebcebfeb59bfeb59bfeb59bfeb59bfeb59bfeb59

5. Mukhopad V.V. Problemy administrativnoi otvetstvennosti za narushenie prava grazhdan na tishinu i pokoi, Voprosy yuridicheskoi nauki: vzglyad molodykh uchenykh: sbornik statei pod red. A.A. Sergeevoi, Barnaul, Izdatel'stvo "Altaiskaya akademiya ekonomiki i prava", 2015, pp. 57-64.

6. O vvedenii v deistvie novoi redaktsii sanitarno-epidemiologicheskikh pravil i normativov SanPiN 2.2.1 / 2.1.1.1200-03. Sanitarno-zashchitnye zony i sanitarnaya klassifikatsiya predpriyatii, sooruzhenii i inykh ob "ektov: Postanovlenie Glavnogo gosudarstvennogo sanitarnogo vracha RF ot 25 sentyabrya 2007 g. No 74, SPS" Garant ", URL. # ixzz464UDaPWY

7. O zakonodatel'stve Primorskogo kraya i monitoringe pravoprimeneniya normativnykh pravovykh aktov Primorskogo kraya, prinyatykh Zakonodatel'nym ​​Sobraniem Pri-morskogo kraya, za 2015 god: doklad Zakonodatel'nogo URLogo Primogoobogo /?url=http%3A%2F%2Fwww.zspk.gov. en% 2Fupload% 2Fiblock% 2F00a% 2Fmonitoring2015.pdf & name = monitoring2015.pd-f & page = 2 & lang = en & c = 57176adf6d94

8. Ob administrativnoi otvetstvennosti za narushenie tishiny i pokoya grazhdan v nochnoe vremya v Respublike Buryatiya: zakon Respublike Buryatiya ot 06 iyulya 2004 year No. 738-lll, SPS "Garant", URL: http://base.g49.ru/29

9. Ob administrativnykh pravonarusheniyakh: Zakon Arkhangel'skoi oblasti ot 3 iyunya 2003 g. No 172-22-OZ, SPS “Konsul'tantPlyus”, URL: http://base.consultant.ru/regbase/ cgi / online.cgi? Req = doc, base = RLAW013, n = 12756

10. Ob administrativnykh pravonarusheniyakh v Primorskom krae: Zakon Primorskogo kraya ot March 5, 2007 g. No 44-KZ, SPS "Garant", URL: http://base.garant.ru/30107230/

11. Ob administrativnykh pravonarusheniyakh na territorii Samarskoi oblasti: Zakon Samar-skoi oblasti ot 1 noyabrya 2007 g. No 115-GD // SPS "Garant". URL: http: //base.garant. com / 8311111 /

12. Ob obespechenii tishiny i pokoya grazhdan na territorii Primorskogo kraya: zakon Primorskogo kraya ot 29 sentyabrya 2014 year No 467-KZ, SPS "Garant", URL: http: // www. garant.ru/hotlaw/primor/568829/

13. Ob osparivanii postanovleniya administrativnoi komissii Khankaiskogo munitsipal'nogo raiona po delu No 12-70 / 15 ob administrativem pravonarushenii, predusmotrennom ch. 1 st. 3.9 Zakona Primorskogo kraya No 44-KZ “Ob administrativnykh pravonarusheniyakh”, Rospravosudie, URL: https://rospravosudie.com/court-xankajskij-rajonnyj-sud-primor-skij-kraj-s/act-500737256/

14. Ob osparivanii postanovleniya o privlechenii k administrativnoi otvetstvennosti, Rospravosudie, URL: https://rospravosudie.com/court-as-amurskoj-oblasti-s/judge-moskalen-ko-ivan-aleksandrovich-s/act-30849732

15. Ob osparivanii postanovleniya sud'i Pervorechenskogo raionnogo suda po delu No. 7-12-93 ob administrativem pravonarushenii, predusmotrennom stat'ei 6.4 Kodeksa Rossiiskoi Federatsii ob administrativnykh pravonarusheniyakh, Rospravosudie, URL: https://cvtrospro -primorskij -kraevoj -sud-primorskij -kraj -s / act-486964769 /

16. Ob utverzhdenii Perechnya dolzhnostnykh lits Rospotrebnadzora i ego territorial'nykh organov, upolnomochennykh sostavlyat 'protokoly ob administrativnykh pravonarush-eniyakh: prikaz Federal'noi sluzhby ryo gli poglichit prav zhechloit prav zhechleit pry zhaglity 2005 No 421, SPS “Garant”, URL: http: // base. garant.ru/12140720/#ixzz45soa90pj

17. Ofitsial'nyi otzyv Pravitel'stva RF ot 08.15.2007 N 3304p-P12 Na proekt Federal'nogo zakona N 393059-4 "O narusheniyakh pokoya grazhdan i tishiny v nochnoe vremya i zashchite zdorov'ya grazhdan ot vrednykhkhovov SPS "Konsul 'tant-Plyus", URL: http://base.consultant.ru/cons/cgi/online.cgi?base=PRJ&n=69582&req=doc

18. Postanovlenie ot 15 oktyabrya 2014 g. po delu No 5-361 / 2014, URL: http://sudact.ru/magistrate / doc / 6Yb7Le27z1NC /

19. Pravovoi komitet AKZS priznal netselesoobraznym predlozhenie eserov uvelichit 'shtrafy za narushenie tishiny i pokoya grazhdan, URL: http://www.altai.spravedlivo.ru/005118382-00134.html

20. V. Kulikov. Tikho, sud pridet, Rossiiskaya gazeta, Federal'nyi vypusk No. 5734 (61), 03/27/2012, URL: http://rg.ru/2012/03/21/sud.html

For citation: Laptev S.A., Belovosh M.A. Administrative responsibility in the field of violation of peace and quiet of citizens in the Primorsky Territory: theory and practice // Territory of new opportunities. Bulletin of the Vladivostok State University of Economics and Service. 2017.Vol. 9, No. 2. P. 115-125.

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