Lawyer Mikhalkina saw difficulties in implementing a unified law on silence

In Russia they are going to adopt a Federal Law on Silence. It is known that now each region has its own standards. Deputies believe that loud noises at night undermine the already weak mental health of Russians, so a unified law is needed, which, in their opinion, will be more effective than regional acts. But this bill contains many pitfalls, which MK tried to sort out with the help of lawyers.

According to the bill, uniform rules will apply throughout the country: making any loud noises will be prohibited from 11 p.m. to 7 a.m. And construction and repair work in apartments, which most often is the number 1 factor that irritates the ears of residents, will also be allowed to be carried out during uniform hours: from 9.00 to 19.00, and only on weekdays. At the same time, workers will be required to take a break from 13.00 to 15.00.

Fines for violators are expected to be as follows: for a first-time violation, from 500 rubles. up to 2 thousand rubles for citizens; from 5 thousand to 10 thousand for officials and from 20 thousand to 50 thousand rubles for legal entities. (By the way, it’s unlikely that anyone who likes to turn on Mouzon fully will be frightened by the prospect of losing 2 thousand rubles.)

Now each region has its own “quiet time”. In Moscow, it has long been forbidden to make loud noises on any day from 23.00 to 7.00. Fines for violating silence in the capital vary for citizens in the amount of 1 to 2 thousand rubles. In the Moscow region there are more stringent requirements: high-profile cases are prohibited from 21.00 to 8.00 on weekdays and from 22.00 to 10.00 on weekends and holidays.

According to Moscow law, in the capital from 7.00 to 23.00 the noise level in apartments should be limited to 55 decibels, and at night not exceed 45 decibels. But how can you understand whether your neighbors’ noise exceeds these decibels or not? Which cases are subject to violations and which are not? This includes such controversial cases as a baby crying behind a wall or a two-year-old child stomping loudly on the floor.

The Moscow law clearly states what you cannot do at night: use televisions, radios, tape recorders (the law was written a long time ago…) and other “loud” devices, including those installed on vehicles, in kiosks, etc., playing musical instruments, shouting, whistling, singing, and other actions that are accompanied by loud sounds are also unacceptable. This also includes loud car alarms and the sounds of pyrotechnics. And, of course, this includes repair, construction and loading and unloading work that “disturbs the peace of citizens.”

But people are worried about how this law will be enforced? As the authorities themselves admit, local police officers cannot cope with a large number of such calls. And here, by the way, the new bill offers a solution: residents will be able to elect house officials from among the owners or representatives of management companies (management companies) to carry out prevention and “record illegal actions of silence violators.”

According to lawyer Oksana Mikhalkina, there is no urgent need for a federal law, since “the regions can cope on their own and each subject has its own “rules of silence.”

– What to do with a child screaming behind the wall? After all, sometimes you can’t silence a baby,” I ask my question to a lawyer.

“To begin with, that’s what parents are for: to be able to calm a child,” says Mikhalkina. “And if they don’t do this for a long time, this is a reason to inform the police.” I have more questions about the measurement of these decibels, which causes difficulties in applying the silence law. Who will measure them? There is no regulatory framework according to which an authorized representative, chosen by residents, will go out and measure the noise level.

At the same time, the expert believes that no difficulties ever arise with construction work in apartments. And in relation to repairmen, this law is actively applied in our country. If teams work after hours, then a police squad is called, which records all this and draws up a protocol on the violation. After which a fine may be imposed.

A commissioner will be chosen and he will write an appeal. What next? While this application is being considered, the noise will stop. How to record if there was noise for a short period of time? This must be done without delay. A voice recorder won’t help here. The child screamed for half an hour and calmed down. How to prove the fact of an offense? Great difficulties will arise with the application of the law at the everyday level. I think that in practice, except in cases of complaints from residents about construction work in the neighborhood, it will not work.

— What should residents do if their nightly peace is disturbed?

– Either first ask people to stop these actions, or immediately call the police. But the police will not measure the noise level, they will simply draw up a report on the administrative violation of the Silence Law. But how can you prove that loud music exceeded the permitted decibels? On the other hand, our courts structure their practice in such a way that if such a protocol is drawn up, then a fine will be imposed.

In addition, the lawyer identified another difficulty in implementing the law. The fact is that our daytime starts at 6.00. And, for example, investigative authorities can raid an apartment with a search or in order to detain a suspect at 6.00. This may cause some noise and will violate the law, which allows any loud activities to take place from 7.00. So what should we do, who should we fine? It is necessary that there are no contradictions with other laws, there must be uniformity. In addition, for example, in the Moscow region now the lower limit of night time, when all noise needs to be stopped, starts at 21.00, which seems more logical, and the single bill suggests a shift of two hours, from 23.00.

And yet, to make it easier to understand when decibels go off scale: if you don’t have special devices at hand, experts report that, for example, the rustling of leaves, which has a beneficial effect on a person, is 30 decibels. Normal human conversation is estimated at 60 decibels, but if people swear, their “volume” can reach 90 decibels. 140 decibels is already considered prohibitive noise, which makes a person uncomfortable: this happens when a shot is fired or during takeoff of an airplane. Currently, different permissible noise levels are established in different places in Moscow. For example, near residential buildings during the day it should not exceed 70 decibels, and at night 60. In hospital wards, 50 decibels are allowed during the day, and 40 at night. In educational institutions – no more than 55 decibels at any time of the day.