There are no rules in the legislation of the Russian Federation that directly provide for the obligation of a citizen to provide a reference from his neighbors. At the same time, in all branches of law (not only civil and criminal, but also labor, administrative, etc.), law enforcement and government agencies are recommended to thoroughly study the identity of the person in respect of whom a certain legal issue is being resolved.
In this regard, there are often situations when it is desirable to provide complete characterizing material, including an assessment made by third parties. Sometimes positive information about a person's lifestyle plays a decisive role even in the most difficult life problems.
Characteristics from neighbors in criminal law
The Criminal Code of the Russian Federation obliges the court to investigate data about the defendant. In every case there are always:
- information from the Information Center of the Internal Affairs Directorate regarding the criminal prosecution of the defendant;
- certificates from psychoneurological and narcological dispensaries, which indicate whether the person is registered, with what diagnosis, etc.;
- character reference from the local police commissioner at your place of residence.
Let us note that this list of documents cannot always fully “tell” about the defendant. Often, the district police officer simply cannot provide information on a particular person living in the supervised area. Lack of awareness of the police officer can occur when a citizen does not live for a long time at the place of registration, when the nature of his work is traveling, etc. Usually, local police officers pay attention to “problem” people who have been seen in fights, have a criminal record, etc., while they know nothing about other citizens.
If the documents available in the case file about a person do not contain sufficient information, the lawyer or the defendant, on their own initiative, may provide the court with any other information about the person, including a description of the place of residence from neighbors, an example of which may be as follows:
In the Leninsky District Court of Moscow, Petrova P.P., Volkova I.I., Vlasova A.A., living in building 1 on the street. Lenin, Moscow
Characteristics of Ivanov I.I., born in 1984, living at the address: Moscow, st. Lenina, 1, apt. 1
We, the undersigned, are neighbors of I.I. Ivanov. at the entrance. We confirm that Ivanov I.I. has lived at this address since 2005. During his stay Ivanov I.I. has proven itself exclusively on the positive side.
Ivanov I.I. always takes an active part in public works to improve the house and the surrounding area, is on friendly terms with all residents, and has had no conflicts with anyone.
Ivanov I.I. lives with his wife, has two children, the family is very friendly and hospitable. He has not been found to abuse alcoholic beverages and has no bad habits.
01.01.2016
Neighbors: Petrov P.P., born in 1976, (Moscow, Lenin St., 1, apt. 2), _____ (signature). Volkov I.I., born in 1980, (Moscow, Lenin St., 1, apt. 3)______ (signature). Vlasova A.A., born in 1979, (Moscow, Lenin St., 1, apt. 4)______ (signature).
Social and everyday characteristics for registration of disability
It is difficult to classify objects according to the main characteristic; it does not build cause-and-effect relationships. It does not perform a comparison operation; sometimes it can compare together with an adult, but only on leading questions. Most often, (Name) is able to cope with tasks that do not require reasoning or presumptive answers. Doesn't give logical explanations, doesn't draw conclusions.
Contains last names, first names, patronymics, place of residence, signatures of neighbors. It is not necessary to indicate the neighbors' full address. The signatures of 2-3 neighbors are enough, more is possible. The household description must be certified by the signature of the chairman of the management company, HOA or other house management body and sealed with the appropriate seal.
Characteristics from neighbors in criminal procedural law
Characteristic information about the accused can be provided to the investigator before the case goes to court. Let us note that at the stage of preliminary investigation this is especially important when choosing a preventive measure in the form of detention or house arrest. Judicial practice knows cases where positive reviews from neighbors significantly influenced the decision on whether to keep a citizen in custody or not.
An example of a characteristic is almost the same as we have already given. At the same time, in order to choose a written undertaking not to leave the place of detention, one can focus on the presence of stable family ties and family relationships with the accused. Since only the court decides on the application of coercive measures such as house arrest or detention to the accused, the description should be addressed to the court:
In the Izmailovsky District Court of Moscow Generalova M.P., Verina A.I., Nosova I.K., living in building 2 on the street. Mayakovsky, Moscow
Characteristics of R.R. Rudneva, born in 1990, living at the address: Moscow, st. Mayakovskogo, 2, apt. 1
We, the undersigned, are neighbors of R.R. Rudnev. at the entrance. We confirm that Rudnev R.R. has lived at the specified address since birth (since 1990). During his stay Rudnev R.R. established himself as a caring husband, father and son.
Rudnev R.R. has a dependent elderly mother, Rudneva I.O., born in 1945, who has been paralyzed since 2010. All this time, her son Rudnev R.R. takes care of her, provides her with medicines and care. Rudnev R.R. - the only son of Rudneva I.O., there is no one else to look after her.
In addition, he is dependent on his young son, born in 2012, whom the accused is raising alone, since his wife died suddenly in 2014.
Rudnev R.R. leads a healthy lifestyle, when he has not been seen in dubious companies, other housing besides the apartment. 1 d.2 on the street. He doesn't have Mayakovsky. He has been working for the same company as an accountant for many years.
01.01.2016
Neighbors: Generalov M.P., born in 1970, (Moscow, Mayakovsky St., 2, apt. 2), _____ (signature). Verina A.I., born in 1980, (Moscow, Mayakovskogo str., 2, apt. 3)______ (signature). Nosova I.K., born in 1973, (Moscow, Mayakovskogo str., 2, apt. 4)______ (signature).
The Criminal Procedure Code provides for the possibility of applying a preventive measure in the form of a personal guarantee. This implies taking responsibility for the accused - that is, ensuring his proper behavior, timely appearance before law enforcement agencies, etc.
Neighbors can also take on such an obligation; in this case, you need to write a corresponding petition to the investigator or interrogating officer, similar in form to the sample description provided. The last lines must indicate that the citizens who signed are ready to bail the accused. It would be fair to note that personal guarantee as a preventive measure is very, very rare in practice.
Sample characteristics from place of residence
Separately, it should be noted that during a visit to the Petrova family I.N. (we go to visit each other several times a year) there is always order in the house and full compliance with sanitary standards. Citizen Petrova I.N. was not noticed in the facts of violation of public order, her behavior can be described as restrained and balanced.”
- provided all possible assistance in organizing a flower garden in front of the house;
- together with parents, takes part in general meetings of home owners, actively votes on all issues raised;
- participates in cleanup days;
- always helps in organizing New Year's decorations for the yard, decorates the Christmas tree, and decorates the entrances.
Characteristics of a person serving a sentence
A positive reference from neighbors is extremely important for a convicted person who wants to get rid of his criminal record or shorten his suspended sentence. In addition to other requirements (such as serving half of the sentence), in order to have a criminal record expunged, you must prove your early correction. The opinion of neighbors in this case plays a special role for regulatory authorities, since it contributes to the formation of an objective assessment of the convict’s lifestyle. Information about impeccable behavior, confirmed by residents of the house, may be needed when:
- the convicted person has already served his sentence (it can be anything, including imprisonment) and in accordance with Art. 86 of the Criminal Code of the Russian Federation applies for early removal of a criminal record (characteristics are submitted to the court);
- the convict is serving compulsory, correctional labor or a suspended sentence (characterizing documents are provided to the penal inspection where he is registered).
Since in these cases there must be evidence of correction, in the neighbor's description it is important to focus on a conscientious attitude to work, participation in public events, charity - in a word, to present the facts of gratuitous benefit to society.
How to write a reference from work to a narcologist
Good day! You can write the description in any form, in your own words, indicating your personal qualities. Since there is no special form, you can write in any form and freely indicate the basic data of the characteristics, in your own words, in other words.
This is how it is written: what kind of behavior, attitude in the family. That's all. What should be the form of reference for a narcologist to be deregistered from his place of work, and where else is the reference required? The characteristics are written in any form, since there are no approved forms. But in order to be deregistered, in addition to the characteristics, observation by a narcologist and a decision of the commission are required. How to correctly write a description for deregistration with a narcologist.
Characteristics from neighbors in civil law
In civil cases, information about a person is most often provided when considering claims for adoption, establishment of guardianship, restoration of parental rights, etc. In this regard, it is advisable to write in the characteristics positive qualities associated with raising children:
In the Tverskoy District Court of Moscow, Lyubimov L.D., Maly V.N., Nekrasov N.G., living in building 3 on the street. Tsvetnaya, Moscow
Characteristics of Repin O.L., born in 1987, living at the address: Moscow, st. Tsvetnaya, 3, apt. 1
We are neighbors of Repin O.L. and we can confirm that Repin O.L. is an excellent family man who takes care of his own and his neighbors’ children and actively participates in their upbringing.
So, Repin O.L. a football team was created in the yard, a club called “Young Footballers” was organized on its own, where Repin O.L. is a volunteer trainer. Activities of Repin O.L. contributes to the suppression of child crime, shapes the personality of our children, increases the authority of sports and a healthy lifestyle. We consider Repin O.L. a person worth looking up to.
Repin O.L. there are three children whom he teaches to work, is engaged in their additional education, and personally takes part in resolving all issues that arise during training in educational institutions.
Repin O.L. has no bad habits, spends all his free time from work with children.
01.01.2016
Neighbors: Lyubimov L.D., born in 1970, (Moscow, Tsvetnaya St., 3, apt. 2), _____ (signature). Maloy V.N., born in 1974, (Moscow, Tsvetnaya str., 3, apt. 3)______ (signature). Nekrasov N.G., born in 1978, (Moscow, Tsvetnaya str., 3, apt. 4)______ (signature).
How to correctly write and certify a reference
The characteristics are drawn up on a blank A4 sheet. It is also printed on the standard letterhead of the company where the person works. Usually the characteristic fits on 1 sheet. If all the information about the employee does not fit on one sheet, then it can be transferred to the back of the already completed sheet.
If an external reference is issued to a person, then the director of the company must sign it. If an internal characteristic is drawn up, it is filled out by the head of the structural unit where the person works. All characteristics must be stamped with the company's seal.
The characteristic is filled in as follows:
- At the top of the sheet, in the middle, the name of the paper is written. Here the person must enter the word “Characteristics”.
- Below is the full name of the person for whom it is being filled out. Before your full name you need to enter the word “for whom”. Full name is written in the genitive case.
- Next, enter the date of drawing up the paper. It is written under the name, to the left of it. You can also write the date at the bottom of the paper, below the employee’s signature.
- Below you need to enter the address of the company to which this paper will be sent. The address is entered at the top of the sheet, on its right side.
Also, the name of the company is entered at the bottom of the sheet, but before that you need to enter a line with the word: “The characteristics were issued for submission to ___________.”
Next is the text of the paper itself. It usually consists of 4 main parts.
The first part includes the following information:
- Full name of the employee. All data is entered completely.
- Year of birth of the citizen.
- His education.
- Title of the position held.
- Academic degree or title (if any).
In addition, the person’s total length of service and his length of service at his last job, as well as the specialty he received at an educational institution, are indicated here.
Some employers enter all data in a column. They fit on the right side of the sheet.
The second part contains information about the employee’s work activity. This:
- his specialty;
- the period during which he works in this company;
- information about how he is promoted in a position in a given company;
- his level of professional skill.
The third part is written like this. Employer:
- gives a brief description of the employee’s activities. It also writes about how a person feels about his work;
- enters information about how a person masters his specialty, what secondary knowledge and skills he has, what related specialties he has, foreign languages, and technology;
- describes all the achievements and shortcomings that have manifested themselves in a person throughout his working life;
- writes about what advanced training courses the person has completed;
- talks about what incentives and awards the person received;
- gives a brief socio-psychological portrait of a person: talks about his leading character traits, personal qualities, inclinations, interests;
- talks about how the employee interacts with employees, gives an assessment of his degree of contact and communication skills;
- assesses the employee’s creative potential and talks about his career growth, efficiency, discipline, and level of professional suitability;
- talks about how the employee reacts to criticism and identification of shortcomings in his work;
- describes the employee’s marital status and state of health.
Here the employer can enter other information about his employee: his experience of independent work, the presence of foreign business trips.
The text is typed after brief information about the employee. After 1 interval. It is printed across the entire width of the page.
Conclusions are written at the end of the page. This is 1-2 sentences. They characterize the employee’s future activities.
All characteristics are filled out in a neutral style. It is filled only with affirmative sentences; verbs are used in the 3rd person indicative mood, present past tense. It also uses short adjectives and passive participles.
Personal information entered in the questionnaire is not transferred to third parties. Applications are used to confirm the data entered in the form.
To summarize: it’s easy to write a profile for a person. The main thing is to understand how it is filled out and carefully study the organization where it will be sent. The last authority needs to be known in order to correctly indicate the personal qualities of the employee.
At first glance, very insignificant circumstances can influence the final decision in a particular life situation. One of the documents, the presence and content of which should be given special attention, is the characteristics from the place of residence. The information article presented below will discuss in what cases its use is possible, provide recommendations for compilation, and also contain a list of those who can prepare and provide this information.
Legal consequences for neighbors who characterize a person
You need to understand that everything that is written in the characteristics can be verified at any time by the court, prosecutor's office or other law enforcement agencies. In addition, all those neighbors who signed the document can be summoned to court and questioned as witnesses. For those who were asked to confirm the positive qualities of a neighbor:
- Specify the purpose of obtaining information about the resident.
- If you are asked to indicate specific qualities of a neighbor, write only those in which you are confident.
- Do not sign a blank sheet, confirm only the information already indicated, and not future information, by carefully reading the text.
- Please be aware that it is your responsibility to provide explanations for the information provided if required. By virtue of the law, a witness does not have the right to refuse to testify, otherwise criminal liability may arise.
Sample characteristics from place of residence
Please note whether he was found to be intoxicated or in violation of house rules. Be sure to mention whether the tenant took part in solving general issues, in improving the territory of the house, and landscaping it. 5 If the reference is being prepared for the court to make a decision on parole, then express your opinion whether the family is able to help the person improve and provide him with emotional support. 6 In the last paragraph, write which organ the characteristic is given to. Under the text, write the signatures of the neighbors in the order they were mentioned in the text. Provide each signature with a transcript indicating the apartment number or residential address.
Household characteristics are important in cases where a criminal case is initiated, when feedback from surrounding people can affect the future fate of a person. In other cases, such a characteristic may be necessary when considering guardianship and adoption rights. If you don’t have a sample, you can write a household description yourself. When writing, the following rules should be observed:
Drawing up a document
Although the sample consent of neighbors for the construction of a house and other construction work is drawn up in free form, there are some uniform requirements that must be taken into account when drawing up the document:
- Permission must be in writing and cannot be considered granted only with the verbal consent of the neighbors.
- Permission must be granted by the owners, and not by tenants or residents of neighboring apartments (dacha plots).
- The document is drawn up like any other application from an individual, with a “header” indicating who is the author of the permit and to whom it is addressed.
- The document indicates the full name, passport details and home address of all neighbors and the initiator of construction.
- The permit must be signed by the owners of neighboring premises (areas).
- The authorization must be dated on the day it was drawn up or signed.
consent for redevelopment, construction
It is also appropriate to indicate in the document what changes will be made as a result of construction. When constructing a private house, its number of floors and location, cadastral number of the plot and some information about neighboring plots are indicated.
When building on a private plot or legitimizing redevelopment, you can attach to the document a plan of the plot (apartment) in its current form and a project that indicates and sketches what the plot (room) will be as a result of construction.
In what cases is it required
A petition or characterization is a document that has sufficient legal force to become one of the materials of the case under consideration as evidence.
Two concepts are often confused: characterization and petition, but with regard to petitions on behalf of neighbors, such a comparison is correct. Still, the paper being drawn up, regardless of the name, will show the person being convicted or the defendant from the point of view of a citizen and neighbor, which will allow the court to change its decision based on the characteristics compiled by third parties.
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In a criminal case
According to the norms of the Criminal Code of the Russian Federation, the court is obliged to examine all available data about the accused. Each case includes:
- data from the ATC Center, which provides information on previously reported cases of criminal prosecution;
- certificates from psychoneurological and drug addiction dispensaries, which will allow you to find out the health status of the suspect and establish the presence of addictions;
- characteristics from the district police officer at your place of residence.
The list of documents may expand depending on who else can supplement the existing information. One of the ways to obtain more specific data is the characteristics from the place of residence , filled out by neighbors. Often it is she who replaces the character reference from the district police officer, since this person does not always have sufficient information about the defendant.
A petition from neighbors can be drawn up on their own initiative, or at the request of a lawyer or defendant. Such a document is permitted by the legislation of the Russian Federation, as it is one of the methods of protection.
A petition may be filed for the following purposes:
- imposing a minimum sentence;
- mitigation of punishment;
- not imprisonment.
In a civil case
Characteristics from neighbors are most often required in civil cases where the following issues are considered:
- guardianship;
- adoption;
- deprivation of parental rights and so on, therefore, as a rule, positive qualities are indicated here that can change the situation in favor of one of the participants in the case.
An example of submitting a character reference in a civil case is a situation where a person has moved to another place of residence, and an incident occurred at the previous place of residence, as a result of which a claim is made against the citizen. In this case, you will need a petition for actual residence, which will allow you to prove your innocence.
For employment
Characteristics for employment are required extremely rarely. Often, work where a person must actively demonstrate his communicative qualities requires intercession from neighbors. The candidate's personal qualities will be fully revealed thanks to the unbiased opinion of the applicants.
Learn how to petition the appellate court.
For information on the procedure for issuing a copy of a court decision, please follow the link.
Much more useful will be a petition from neighbors in case of proof of law-abidingness in cases of unjustified dismissal.
For a person serving a sentence
If a person is already serving a sentence, then he will need references from neighbors to reduce his sentence or completely clear his criminal record . But to realize this possibility, the convicted person must meet certain requirements, for example, the citizen must serve more than half of the sentence .
When applications to reduce the term of serving or transfer to a suspended sentence are considered, regulatory authorities try to obtain complete information about the person. Assessment of lifestyle will be one of the main factors influencing the final decision of the commission.
A petition in which the convicted person is revealed on the positive side will require:
- if the convicted person has already served his sentence, and he wants to be released early from his existing criminal record and go on parole;
- the convicted person has been assigned mandatory correctional labor or a suspended sentence, which is already being served.
Hard work, participation in social events, charity events and much more can be useful information that will change a person in the eyes of the commission considering a request for early release or commutation of sentence.