VIOLATION OF RULES OF SILENCE IN SETTLEMENTS AND PUBLIC PLACES
Residents of apartment buildings turn to the Law Office quite periodically with a request to help solve the problem with fitness clubs located in one of the rooms of their building. For the most part, the premises where such fitness clubs are located do not meet the necessary requirements of the DBN from the very beginning and such gyms are not adapted for sports.
The activities of fitness clubs systematically, every day, from morning to evening, disturb the peace of the inhabitants of the house and their right to silence at home, loud training and loud musical accompaniment of these trainings. Any attempts of residents to solve this problem on their own, through negotiations with the owners of fitness clubs ended in vain, they were simply ignored.
The problem of such cases is the systematic violation of the law by entrepreneurs and the lack of willingness to compromise, as well as the lack of a clear mechanism for resolving such problems. Usually, residents call the police, the police make a decision on an administrative offense (at best) and after its drafting the offense continues. Also, only one appeal to the court, police or local government is unlikely to resolve the issue, so we need a set of actions aimed at working in three directions, namely: in court, law enforcement and local government.
SETTLEMENT OF THE ISSUE:
First, it is necessary to apply to the Main Department of the State Food and Consumer Service in Kyiv regarding the excess of permissible noise levels in residential premises.
According to the relevant request, the State Food and Consumer Service should instruct the Kyiv City Laboratory Center of the Ministry of Health of Ukraine to conduct appropriate studies of noise load regarding its admissibility to the State Sanitary Standards of Permissible Noise Levels in Residential and Public Buildings and Residential Buildings. », Approved by the order of the Ministry of Health of Ukraine №463 from 22.02.2019 for daytime .;
It is also necessary to submit to the police a statement on the commission of an administrative offense under Part 1 of Art. 182 КУпАП;
Initiate the recording by employees of the State Institution “Kyiv City Laboratory Center of the Ministry of Health of Ukraine” of repeated exceeding of noise limits by the enterprise;
Victims must apply to the court with a complaint, according to Art. 221 КУпАП concerning the repeatedly committed administrative offense on signs of h. 2 Art. 182 КУпАП;
Apply to the Kyiv District State Administration, outlining all the circumstances of systematic offenses, adding the relevant evidence obtained by implementing the measures described in the previous paragraphs, with a request to initiate the termination of economic activity of a systematic offender.
The solution to this problem requires special knowledge and action, so it is better to trust the professionals, as the owners of fitness clubs are likely to use the help o