Police, bailiffs, gas service: who and when will have to be allowed into the house, and who can be refused
Miscellaneous / / May 17, 2022
In some cases, uninvited guests do not need your consent, they will enter anyway.
Modern man has to be careful. Not all scammers have found a job in the "security service" and make phone calls, some continue to walk from apartment to apartment and introduce themselves as employees of social security and gas services. If a gullible citizen opens the door to such a person, he runs the risk of not counting money and valuables later.
Yes, and real employees do not always want to let anything into the house. Suspicious people in such cases, of course, say: "Aha, so there is something to hide." But in general, it’s not very pleasant for someone to walk through the whole apartment without taking off their shoes and wasting your time.
At the same time, any shape and crusts are often baffled. Seems like an official. Gotta let him go. Or not? We understand this.
Police
Let's start with the agency that raises the most questions. If the policeman rings the doorbell, it seems that the person is obliged to open it and invite him into the apartment. In fact, even in the relevant law for the department
fixedFederal Law No. 3-FZ of February 7, 2011 “On the Police”, Article 15 “Intrusion into residential and other premises, land plots and territories”that "the police protect the right of everyone to the inviolability of the home", and its employees "have no right to enter residential premises against the will of the citizens living in them."But, of course, there are exceptions. A representative of the department can enter the apartment:
- to save life or property, ensure safety during riots and emergencies;
- to detain those accused or suspected of a crime, as well as if someone was caught at the crime scene and there is reason to believe that he is hiding in a particular apartment;
- to prevent a crime;
- to establish the circumstances of the accident.
In all other situations, you are absolutely not obliged to let the police into the apartment and even unlock the door. And if they opened it, you can talk on the landing.
But there is a nuance here: in the case permitted by law, it doesn’t matter to the police whether you let them in or not, they will still enter. Moreover, the wording that appeared in the law in 2021 greatly expanded the capabilities of law enforcement agencies. For example, it is possible to break into a dwelling if the witness stated that he saw how a person committed a crime and disappeared into this apartment. It's just a matter of finding a witness.
However, even in situations that are defined by law, policeman must first warn that he will break the door. The exception is if the delay is fraught with some consequences.
Investigative authorities
Employees of the Investigative Committee or other representatives of investigative bodies or bodies of inquiry may, without consent, enter the apartment to inspect the dwelling, search or seize things. Usually for this needCode of Criminal Procedure of the Russian Federation, Article 29 "Powers of the Court" court statement. But if the matter is urgent, enoughCode of Criminal Procedure of the Russian Federation, article 165 "Judicial procedure for obtaining permission to conduct an investigative action" decisions of the investigator or interrogating officer. For example, if there is a hypothesis that a suspect in a crime may escape or destroy evidence.
Bailiffs
Bailiffs come if you need to execute a court decision. Most often it is about debt collection. They usually start with the defaulter's bank accounts. But if there is not enough money for them, they can come in person. Let them in the apartment sooner or later have toFederal Law of October 02, 2007 No. 229-FZ "On Enforcement Proceedings", Article 64 "Executive Actions". After all, if this is not done, they will receive permission from the senior bailiff and can already enter without the consent of the owner. True, the relevant document must be in hand.
If it's about eviction someone or, conversely, moving in by a court decision, a document from a senior bailiff is not required at all.
Guardianship authorities
Employees of these bodies can come if they believe that the life and health of the child something threatensDecree of the Plenum of the Supreme Court of the Russian Federation of November 14, 2017 No. 44 “On the practice of applying legislation by courts in resolving disputes related to protection of the rights and legitimate interests of the child in case of a direct threat to his life or health, as well as in the case of restriction or deprivation of parental right". There can be many reasons for visiting. For example, the teacher noticed bruising or the doctor thought that the baby was not gaining weight because he was underfed.
You can not let them in, they have no right to break in. If employees try to enter by force, threaten or intend to act in some other way, it is worth recording the conversation in order to file a complaint later.
However, if the guardianship officials decide that the situation is critical, they can contact the police. And for a police officer, if he considers the threat real, this will be a reason to enter the home without permission.
Rescue and Emergency Service personnel
If going on something extraordinary and someone needs to be saved, experts they have a rightFederal Law of August 22, 1995 No. 151-FZ "On emergency rescue services and the status of rescuers", article 25 "Rights of rescuers" enter the apartment without permission. However, if something is being checked, let's say compliance with fire safety rules, let them not necessaryFederal Law of December 21, 1994 No. 69-FZ “On Fire Safety”, Article 34 “Rights and Duties of Citizens in the Field of Fire Safety”.
Representatives of the military registration and enlistment office
Responsibility to open the door to the military commissar NoDecree of the Government of the Russian Federation of November 27, 2006 No. 719 "On approval of the Regulations on military registration". However, if the tenant of the apartment is considered a evader and a criminal case is initiated, then the police may already come. They no longer need permission to enter, as they will stop the crime. However, this is not a fast business, so run ahead of the locomotive not necessary.
Utilities
In the event of an accident, you must provide access to representatives of the management company or resource supply organization. In general, it is in your interest if you smell of gas or if a pipe has burst. But be careful if there is no visible damage. Fraudsters often pose as utility companies. So check the identity of who came.
But that is not all. You may also be on other occasionsDecree of the Government of the Russian Federation of May 6, 2011 No. 354 “On the provision of public services to owners and users of premises in apartment buildings and residential buildings” (and you are obliged to accept visitors):
- To check how many people live in the apartment. This is done if counters are not installed. Suddenly you have 20 people, and you pay according to the standard for one.
- To check the counters - to clarify whether you are giving the correct readings and whether the numbers are twisting.
- To assess the safety of communications. Utilities are obliged to monitor their condition and repair at their own expense. The resource supply company or management company is responsible for the network up to the first locking mechanism (including it). For example, if we are talking about plumbing, then leaks to the tap that shuts off the water will be on their conscience. If about heating, then it all depends on the availability of taps on batteries. If they are not, then the entire heating system must be repaired by public utilities.
But communal services can visit you no more than once every three months. They also need to give advance notice of the visit.
You can generally leave them out, but you don't have to. If the company applies to courtDetermination of the IC in civil cases of the Supreme Court of the Russian Federation dated May 7, 2019 No. 4-KG19-6 The court upheld the decision of the first instance on imposing the obligation to provide access to a residential since representatives of the contractor may require admission to the premises occupied by the consumer in order to prevent and prevent emergencies or possible violations of the rights of citizens in future, then he will be able to enter without permission - by a court decision. You just have to pay the costs.
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