Is it possible to keep animals in a communal apartment? Law: documents, changes, advice

How to get along with neighbors in a communal apartment

Every owner or tenant must adhere to these small but significant rules: clean common areas, take out trash, and monitor safety precautions in the premises. Every resident of a communal apartment must understand that he does not live alone in this room and one of the residents may suffer from his negligent or intentional actions.

The absence of prescribed rules and norms leads to the fact that people living in an apartment, by their certain actions, can violate the rights of other people, which, in turn, will lead to an inevitable conflict.

Neighbors' dispute over keeping pets

As the main evidence of her allegations, the plaintiff presented an inspection report of the defendant’s apartment, drawn up by housing office employees. According to this act, the defendant’s apartment is kept in unsanitary conditions; there are cats in the apartment, from which a pungent odor emanates.

The act was not without jokes. The judge’s particular attention was drawn to the phrase: “the smell comes from the cats, comes out through the door into the corridor and spreads into the neighbors’ apartments.” And also the phrase: “there are more than 10 cats illegally living in the apartment; it is impossible to calculate the exact number.”

Rules for keeping pets (cats and dogs) in apartment buildings

Decree of the Government of the Russian Federation of January 21, 2006 No. 25 “On approval of the Rules for the use of residential premises”;
Federal Law of March 30, 1999 N 52-FZ “On the sanitary and epidemiological welfare of the population”;
Law of the Russian Federation of May 14, 1993 N 4979-1 “On Veterinary Medicine”.

The main negative consequence of having cats (especially if there are a lot of them and they are not litter box trained) is a very unpleasant smell that spreads not only in the apartment, but also outside it. This situation is a direct violation of sanitary standards and may become the basis for neighbors to file a lawsuit.

Law on keeping dogs in an apartment building

The pet's living conditions and the owner's responsibilities are regulated by the third chapter of the federal law of the Russian Federation. The owner is obliged to provide an area appropriate to the size and needs of the pet. The room must have a source of daylight. This means that you cannot provide your dog with a storage area or a corner in the family room.

In addition to paying an administrative fine, the owner can pay moral damages and any other compensation if the victims go to court and the decision is made in favor of the plaintiffs. If there is a systematic violation, the dog may be seized or quarantined for a certain period of time.

People are responsible for those who have been tamed

Some cities allow a maximum of two animals in one apartment.
It is legally prohibited to maintain animal nurseries in residential premises of apartment buildings.
The owner is obliged to clean up after the animal if the products of its physiology remain in public places (entrances, playgrounds, elevators, in the yard, on a children's or sports ground).
Aggressive behavior of a dog in the house, loud barking from 11 pm to 7 am is unacceptable.

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First of all, let’s figure out which animals are allowed to be kept in the house as pets. Old laws did not clearly define what a pet was. It could be understood as either a dog or a domesticated tiger or python. Most often, cats and dogs are pets, so the rules developed mainly concern them.

Animal in a communal apartment, lawyer's comment

But there are other rules: “Veterinary and sanitary rules for keeping pets on the territory of St. Petersburg”, where clause 10 clearly states: “it is not allowed to keep or keep animals in the common areas of communal apartments if there are medical contraindications for anyone of the persons living in this apartment." The neighbors, the cat Maji and the dog Epifan, had no medical contraindications or allergies. Moreover, the Law of the Russian Federation “On Veterinary Medicine” is silent about the prohibition of pets living in communal apartments. The truth that has set the teeth on edge: “It’s not prohibited, it means it’s allowed!” Even a child knows this, but not a judge.

To avoid any disagreements and litigation, so that there are no crippled destinies of cat and dog owners, it is necessary to pass a law on keeping pets. I emphasize, pets. Otherwise, on March 20, the deputies of the Legislative Assembly adopted the Law on the Maintenance of Dogs, but they forgot about cats. And about parrots, hamsters and other pets. By the way, this law also does not prohibit keeping dogs in communal apartments. The general impression from reading this law is the following - this is not a law, but a legal poem. No more. How many times have we suggested that deputies give their bills to our lawyers for legal opinions and legal processing. After all, lawyers are not only professional lawyers and scientists, but also practitioners who have to work with laws that have already been passed. Who else but them should know in detail all the intricacies of the Law being developed. All for nothing.

30 Jun 2021 hiurist 633

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What rules and laws on keeping pets exist in 2020-2020

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In 2021, a bill on the responsible treatment of animals has been prepared for the second reading (but has not yet been approved). It is understood that its provisions will come into force in June, but it has not yet been adopted.

Deputies want to limit the number of animals in an apartment

Deputies of the Legislative Assembly of St. Petersburg want to amend the law “On the Responsible Treatment of Animals”, giving regional authorities the right to establish standards for keeping pets in an apartment, reports DEITA.RU news agency with reference to the Parliamentary Gazette.

Now deputies are trying to decide what should be considered when determining the maximum permissible number of pets in a family - the number of square meters or the type of housing (apartment or private house). They also have not yet determined a recommended limit on the number of animals.

Now there are no such restrictions in Russian legislation either at the federal or even at the regional level. There is a norm only in St. Petersburg - no more than one dog and cat per apartment, but it was adopted by the executive committee of the Leningrad City Council of People's Deputies, and no one follows it anymore; they want to recognize the norm as no longer in force.

The decision of the executive committee in the cultural capital is so ignored that entire animal shelters and nurseries are set up in apartments. (The height of irresponsibility, according to the head of the St. Petersburg Parliamentary Committee on Legislation Denis Chetyrbok, was a kennel of 62 huskies on 55 square meters).

Therefore, deputies want not only to give the go-ahead to regions to limit the number of animals in apartments, but also to ban commercial nurseries in residential buildings altogether.

It is assumed that, as part of the implementation of this norm, in response to complaints from neighbors, the commission of Rospotrebnadzor or the veterinary department and the police can go to a “bad apartment”.

Previously, a similar resolution was issued by the government of the Kirov region. Restrictions for dog and cat lovers on the number of pets were prescribed in the regional law on veterinary medicine. For example, in a studio with an area of 18 square meters it was allowed to keep one small dog, and in a two-room apartment with an area of 45 square meters it was possible to have six. However, the head of the State Duma Committee on Ecology and Environmental Protection, Vladimir Burmatov, did not appreciate the document and turned to the regional prosecutor with a request to cancel the resolution.

“I am a categorical opponent of restrictions on people owning animals,” deputy Burmatov told the Parliamentary Newspaper. — You cannot tie the number of pets to square meters. It is obvious that an animal is better off where it has a good owner. And this has nothing to do with the number of square meters. And when people with big hearts keep two or three cats, even in a one-room apartment, deny themselves something, but find the opportunity to take care of their animals, we should say thank you to them, and not impose restrictions.

But Burmatov’s colleagues on the Committee, deputy chairmen Nikolai Valuev and Kirill Cherkasov, believe that the restriction is still necessary.

Living in communal housing

Communal housing still remains forced housing for hundreds of thousands of citizens, whom the state is trying to resettle in more comfortable conditions, however, this mechanism works slowly and is expensive.

In 2021, the process of relocating communal apartments remains a serious problem. Some regions have adopted resettlement programs as measures to improve living conditions. To do this, you need to prepare the appropriate documents and obtain the status of persons in need of improved housing conditions, and then wait for your turn.

Main rules for keeping pets in apartment buildings

Bites, wounds and other damage are punished regardless of the degree of guilt of the injured party. For example, even if the dog was provoked, responsibility rests with the owner ; The owner is required to carefully monitor the pet in public places. These include transport, retail establishments, playgrounds, and sports facilities.

Some (fighting) dog breeds pose a direct threat to the lives of others, and sometimes even the owners themselves. Constantly staying within 4 walls has a negative impact on their psyche, which is fraught with unpredictable consequences .

Keeping Pets in a Communal Apartment Law 2020

In accordance with the “Veterinary and Sanitary Rules for Keeping Pets on the Territory of St. Petersburg” dated January 15, 1998, animal owners are required to submit animals for registration to bodies authorized by the Chief State Veterinary Inspector for St. Petersburg, and pay for entry into the register and issuance of documents .

Simultaneously with registration, animals are vaccinated against rabies and for other epizootic indications. Animal owners are obliged to ensure that the animal behaves in such a way that it does not cause disturbance or pose a danger to others.

Is it possible to keep animals in a municipal apartment?

Law of the Arkhangelsk Region of June 3, 2021 N 172-22-OZ “On Administrative Offences” Article 2.3. Violation of the rules for keeping pets 1. Keeping pets in common areas of communal apartments or apartment buildings - entails a warning or the imposition of an administrative fine on citizens in the amount of five hundred to seven hundred rubles. 2. Walking pets in the territories of parks, squares, educational institutions, healthcare institutions, sports facilities, playgrounds, beaches, markets, cemeteries, as well as leaving pets unattended by their owners in these territories - entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles. 3. Taking dogs into public places without a leash and muzzle (except for places specially designated for walking dogs) - entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles. 4. Failure by pet owners to take measures to eliminate pollution by their pets in the common areas of communal apartments or apartment buildings, as well as public places - entails a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles. 5. Allowing an attack by domestic animals on a person, if this does not result in harm to human health, shall entail the imposition of an administrative fine on citizens in the amount of three thousand to four thousand rubles.

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Unfortunately, I did not find a document from the mayor or the city council of deputies of the municipality. look there may be such a pearl: 2. In apartments occupied by one family, as well as in rooms

In communal apartments, animals are allowed to be kept with the written consent of other owners, tenants and adult members of their families. It is not allowed to keep pets on balconies, loggias, or in common areas of apartment buildings. Article 33. General requirements for keeping animals Decision of the City Council of Deputies of the municipal formation "City of Novodvinsk" JSC "On the Rules for the improvement of the territory of the municipal formation "City of Novodvinsk"

Pet tax in Russia in 2021: will it be accepted or not?

Due to the fact that the document is still at the development stage, it is too early to talk about the size of tax rates that may be revised by deputies. Previously, it was assumed that the owner of a hamster would have to pay 120 rubles annually, and the owner of a dog would cost an additional 3,200 rubles. per year, which breeders and nursery owners were not happy about. However, it is easy to assume that the size of the bet will directly depend on the type and size of the animal registered.

Over the past few years, there has been ongoing debate in Russian society about whether a law obliging citizens to pay a tax on pets will be adopted in 2021.

In Russia they want to limit the number of animals in homes

https://static.news.ru/photo/640969ca-a7ec-11eb-94f1-96000091f725_660.jpg Photo: Sergey Bulkin/NEWS.ru

Deputies of the Legislative Assembly of St. Petersburg propose to give regions the authority to determine how many cats or dogs residents can have in their houses and apartments. Parliamentarians are developing a corresponding amendment to the law “On the Responsible Treatment of Animals,” Denis Chetyrbok, chairman of the regional parliament’s committee on legislation, told Parliamentary Newspaper.

The reason for the legislative initiative was numerous appeals from residents complaining about neighbors who actually created animal shelters from their apartments. Currently in St. Petersburg there is a decision of the executive committee of the Leningrad City Council of People's Deputies dated 1982, according to which a family can have no more than one cat and dog. However, no one follows it anymore. In this regard, the deputies propose that this decision be declared invalid and a new document be adopted.

We have clearly formulated the concept of our initiative and the first point that needs to be resolved is to exclude the possibility of nurseries operating in residential buildings ,” said Denis Chetyrbok.

The parliamentarian noted that the bill does not yet establish exactly how many animals can be kept in an apartment. Legislators also have not yet decided what to base themselves on when introducing restrictions - square meters or the type of housing. The working group will decide this in the near future.

As noted, in any case, the document will be of a framework nature, because St. Petersburg will ask the State Duma to give the regions the opportunity to independently resolve this issue.

Because in St. Petersburg, in the metropolis, the situation is one, but in the Leningrad region the situation is different, because there are many private houses there, people keep not only cats and dogs, but also other pets ,” Chetyrbok explained.

Control over the implementation of the norm may be entrusted to the city veterinary department, the government committee on issues of legality, order and security, the police, and the local department of Rospotrebnadzor. At the same time, they will go out for inspections at the request of affected residents, the deputy added.

Earlier, the Legislative Assembly of the Chelyabinsk Region submitted to the State Duma a bill on mandatory registration and registration of pets. The authors of the initiative note that the increase in the number of homeless animals is due to the fact that owners either lose their pets or deliberately throw them out onto the street.

The most interesting things are in our Yandex.Zen channel

Legal animal protection

Case No. 2-5499/2020 DECISION (excerpt) December 10, 2021 St. Petersburg Moskovsky District Court of St. Petersburg, having considered in open court a civil case on the claim of Frolova against Piskunovich for the removal of dogs from communal apartment, installed:

NIZHNY NOVGOROD REGIONAL COURT OF APPEAL (excerpt) dated April 2, 2021 in case No. 33-3548/2020 The Judicial Collegium for Civil Cases of the Nizhny Novgorod Regional Court considered a civil case on the appeal of L. against the decision of the Nizhny Novgorod District Court of Nizhny Novgorod dated 16.08. 18 on the claim of F. to L. for the recovery of funds and interest for the use of other people’s […]

Is it possible to keep animals in a municipal apartment?

If the apartment is municipal property and the tenants occupy it under a rental agreement with the Department of Housing Policy of the Housing Fund of the Moscow Government, then if they contact the Department with a justified complaint, it is possible to terminate the contract and evict tenants who violate the rights of their neighbors.

According to the interrelated provisions of Part 1 of Article 47 of the Code of Civil Procedure of the Russian Federation, Clause 3 of Article 40 of Law No. 2300-1, Rospotrebnadzor and its territorial bodies, before making a decision by the court of first instance, can intervene in the case on their own initiative or on the initiative of persons participating in the case, to provide an opinion on the case in order to protect consumer rights. In case of exercising the right to judicial protection, the consumer has the right to apply to the court with an application to involve Rospotrebnadzor (its territorial body) as the authorized federal executive body for control (supervision) in the field of consumer rights protection to give an opinion on a civil case in order to protect consumer rights ( when filing a claim, this is achieved by including a government agency as a party to the case). If the court refuses such involvement, the consumer can, before the end of the consideration of the case on the merits, directly contact the Rospotrebnadzor department for the constituent entity of the Russian Federation (depending on the location of the court) with a request to intervene in the case to give such an opinion.

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How many cats can you legally keep in an apartment?

Persuasion usually doesn’t work on such neighbors, and you don’t want to quarrel with older people either. In this case, you can contact your housing office - housing office, housing cooperative, owner's association. A representative of such an organization is obliged to inspect the apartment of the problematic neighbor and talk to him. If the conversation does not help, an administrative protocol is drawn up.

Any owner must keep his pet so that it does not cause trouble to other neighbors, this also applies to cats. It is forbidden to leave animals unattended, torment them and drive them outside if the cats are not used to going there.

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Is it possible to keep a dog in a communal apartment?

My neighbor had two cats, one ran away. The second one walked all over the apartment, climbed onto the table where I cook, even opened the cupboard with dishes with his paw and climbed in there, it was very unpleasant, he washed all the dishes. He *** walks, then along the corridor where the shoes are from the street and then onto the dishes. How many times have I told her to keep him in the room? She holds me now that I’m at home, but he yells at the whole apartment. Now it’s six in the morning, I went out to drink water and ventilate the room, the door can’t be opened because the cat is walking around, I said go away, and I know that you’re letting him out, my room is covered in wool and there are suede shoes in the hallway too. To which she told me to go fuck myself. She began to reproach me, saying that I moved in with HER. Although I moved into MY room, and since this is a communal apartment, she is obliged to take me into account and the cat must live exclusively in her room and nowhere else. She started to cry, I splashed water in her face, to which she promised that I would die.

Legally you can, so get a dog! Don’t listen to these spiteful women! The ops are sitting near their computers, the “yazh-mothers” are sitting there, embittered and hating everyone and everything! Just make sure that there is no hair, dirt, etc. in the common area. What breed do you want?

Features of keeping animals in an apartment

It is prohibited to walk dogs without an accompanying person, leash and muzzle, or leave them unattended. Pet owners must avoid polluting sidewalks and other common areas when walking their pets, and also remove their waste products. When walking pets in residential neighborhoods from 10 p.m. to 7 a.m., pet owners are required to ensure silence.

Violating the peace and quiet of citizens on the streets, in apartments and households, places of temporary stay of citizens (sanatoriums, rest homes, etc.) from 22 to 7 o’clock - entails the imposition of an administrative fine on citizens in the amount of 300 to 1,500 rubles (Art. 61 Law of the Altai Territory dated July 10, 2002 N 46-ZS)

Animal in a communal apartment

44. I’ll try to formulate my question correctly. I live in a communal apartment - there are three of us - we each have a privatized room - common areas - a toilet, a corridor, a kitchen - two of us installed and paid for a shower. The third refused and told him there was no need, since he himself did not live - his old mother did. Mom died and now our neighbor is trying to rent out his room to anyone with children, even animals, or even builders. What should we do? In the ad he also mentions our shower room.

36.1. Hello, Inna. On keeping pets in the city of Moscow This Law regulates the relations arising when keeping pets in the city of Moscow, establishes the rules for keeping them and administrative responsibility for violating these rules Chapter 2. Keeping pets 2. When keeping pets, owners, possessors, guardians of animals are obliged to: a) prevent domestic animals from causing harm to the health of citizens, their property, the property of legal entities, and other animals; b) comply with the requirements of federal legislation in the field of protecting the health of citizens, sanitary and epidemiological welfare of the population, public order, veterinary medicine, and this Law; Article 4. Rules for keeping pets 5. It is prohibited: a) keeping pets in common areas in communal apartments without the consent of the residents;

Chapter 4. Administrative liability for violation of the requirements of this Law Article 15. Violation of the rules for keeping pets 2. Causing harm by pets to the health of citizens, their property, the property of legal entities, other pets, setting pets on people and animals shall entail the imposition of an administrative fine on citizens in the amount of ten to twenty-five minimum wages; 6. Keeping pets in common areas in communal apartments without the consent of the resident citizens shall entail the imposition of an administrative fine on citizens in the amount of one to five times the minimum wage. 9. Violation of the rules for keeping dogs established by Part 6 of Article 4 of this Law shall entail the imposition of an administrative fine on citizens in the amount of one to five times the minimum wage. 10. The violation provided for in Part 9 of this article, committed repeatedly, entails the imposition of an administrative fine on citizens in the amount of three to fifteen times the minimum wage. Article 23. Seizure of domestic animals in the event of their use as an object or instrument for committing an administrative offense In accordance with the Code of the Russian Federation on Administrative Offences, a pet may be seized from the owner or possessor by authorized state authorities in order to ensure proceedings in an administrative case offense if it is used as a subject or instrument for committing an administrative offense. The seized animal is placed in an animal shelter or transferred for safekeeping until the decision on the administrative offense comes into force.

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How to get rid of neighbor's pets in a communal apartment

According to clause 4 of Article 30 of the Housing Code of the Russian Federation, the owner of a residential premises is obliged to maintain this premises in proper condition, preventing mismanagement of it, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of premises owners in an apartment building home.

In accordance with Part 1 of Article 91 of the Housing Code of the Russian Federation, the tenant and (or) members of his family living with him may be evicted from the residential premises at the request of the landlord or other interested parties in court without the provision of another residential premises in cases where they use the residential premises improperly, systematically violate the rights and legitimate interests of neighbors, or mismanage residential premises, allowing them to be destroyed.

Basic rules for living in a communal apartment

Owners or tenants of rooms are required to comply with the general rules of residence provided for by the Housing Code of the Russian Federation, Decree of the Government of the Russian Federation No. 25 “On approval of the Rules for the use of residential premises” and the law “On the sanitary and epidemiological welfare of the population.”

Accommodations:

use of the room for its intended purpose (for living);
respect for the rights and interests of neighbors;
ensuring the safety of the premises;
do not exceed the noise level in rooms of 55 dB, and at night - 45 dB;
Maintain cleanliness and order in common areas.

Residents are obliged to maintain housing in proper condition, respect the rights and legitimate interests of neighbors and fire safety requirements, sanitary and hygienic standards.

Common property to which all residents have rights is not subject to sale. Administrative liability is established for violation of sanitary legislation.

Keeping a cat in a communal apartment

1) exclude the possibility of free, uncontrolled movement of the animal when crossing the roadway, in elevators and common areas of apartment buildings, in the courtyards of such buildings, on playgrounds and sports grounds;

Communal apartment and its features

live in an apartment;
rent out housing;
register citizens in their property on a temporary and permanent basis;
transfer real estate for use to other people (sale, gift, exchange or inheritance).

The majority of Russian residents associate the phenomenon of a communal apartment with crowded conditions and poor relationships with neighbors. And this is understandable, because people with completely different characters, habits and lifestyles can live here under one roof, which often becomes the cause of conflicts. The legislation of the Russian Federation provides for a number of rules and restrictions for residents of communal apartments - let's look at them in more detail.

05 Oct 2021 uristlaw 178

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