Do people who are dressed as collectors, police officers or employees of other emergency services, the right to demand to put them into the house and under what conditions do not open the door to them?
There are many people who are all obliged to let in the apartment on the first requirement. In case of refusal, a person will have to be responsible.
But, as the "World 24" reports, according to Art. 25 of the Constitution of the Russian Federation, "the dwelling is inviolable." No one has the right to penetrate the dwelling against the will of those who live in it, unless otherwise indicated in federal laws or judicial decision.
"The housing immunity is also enshrined in Article 3 of the LCD of the Russian Federation," the leading lawyer of the European legal service of Yuri Avanesov is reminded.
However, there are cases when entering the apartment is necessary. "For example, it is allowed to save the lives of citizens and (or) their property, ensure their personal security or public security in emergency situations, natural disasters, catastrophes, mass riots or other emergency circumstances, as well as in order to detention for persons suspected of Perform crimes, curbing crimes committed or establishing the circumstances of the crime or incurred accident, "says Avanesov.
Does the owner of the apartment affect members of the management company? The specialist notes that if we are talking about the apartment in an apartment building, then the owner has a duty to let the representatives of the management organization.
"However, in the event of non-fulfillment by the owner of this duty of the Criminal Code (Governor) does not have the right to penetrate the dwelling. In this case, the Criminal Code is entitled to go to court and demand to oblige the owner to provide access, but provided that if he proves that the owner does not fulfill the duty to ensure access and the need for such access, "explains the leading lawyer of the European Legal Service.
If the employees of any services are for example, the police or representatives of the Criminal Code - have penetrated the housing, without having reason, they will respond to the law. It is not only about physical penetration.
"For violation of the right to inviolability of housing provides for the responsibility of Art. 139 of the Criminal Code. The Plenum of the Russian Armed Forces clarified that illegal penetration into the dwelling may occur without entering it, but using technical or other means, when such funds are used to disrupt the housing integrity (for example, to illegally establish a listening device or video surveillance device). However, the actions of the person who is in the dwelling with the consent of the person living in it (for example, when someone entered the apartment with your permission), but the refusal to fulfill the requirement to leave it, do not form the composition of this crime, "explains Avanesov.
To protect your rights in such situations, it is recommended to fix the fact of your ban on an uninvited guest to go to the apartment on the video.
Unfortunately, intruders may be in the police uniform. Lawyer, representative of the Sulim and Partners' Board of Lawyers, Olga Sulim explains how not to get caught on the tricks of fraudsters.
"If you have a suspect in committing a crime in your house, it does not thank the accident, and outside the window is not a natural disaster or the mass riots will not flare up, then the representative of the law enforcement authorities can only with your permission. And then after it is introduced, will demonstrate the documents, the purpose of the visit will call. Secure said. In addition, you can call the place of work and confirm the personality of a policeman. If everything is in order, take a picture of his documents and you can invite Log in. Be prepared yourself to demonstrate a document certifying the person if the person will ask him when execution. By the way, it is possible to enter your home without you, breaking the castle or knocking out the door, you can only in the emergency cases listed above, "Olga Sulim notes.
Another frequent reception of fraudsters is to introduce yourself to public utilities.
"The communal services are considered to be organizations (less often - IP), providing resources, such as cold and hot water, electricity, gas and heat. At the same time, you, HOA or Criminal Code, should have an agreement with them. It is clear from it, as the organization is called and for which it is responsible. If a person behind the door does not say where he, or speaks the name of the service that you are not familiar, do not open the door. Remember: On the bottom, time and reason for your visit, these services should notify in advance. An exception is an emergency. Only then does not need a warning, "says Olga.
Called in your door can be introduced as a representative of guardianship and guardianship bodies. But you do not need to hurry to let it.
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