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In response to a comment by INNochka1970

You can always at least try to negotiate with people, and if this does not help, you can already attract a district police officer. And to arrange hemorrhoids on people's heads without even trying to talk to them, what is it called? After all, what is it like to contact the precinct? Well, if he just comes, speaks verbally and that's it. But according to the rules, he will have to draw up an appropriate piece of paper. And this is already some kind of stigma on people that can create problems for them. And now, attention, a question. You (in this case, not you specifically, figuratively) what goal are you pursuing? Do you feel sorry for the child? Or do you want to spoil the neighbors? It is unlikely that the child will be better off if you put a pig on his parents. So thank God that neither my sister nor we (my sister and children were visiting us) had "compassionate" neighbors. We still lacked problems with law enforcement agencies out of the blue.

INNochka1970 writes:

After all, what is it like to contact the precinct? Well, if he just comes, speaks verbally and that's it. But after all, according to the rules, he will have to draw up an appropriate piece of paper

INNochka1970 writes:

) What is your goal? Do you feel sorry for the child? Or do you want to spoil the neighbors?

You know, we had a couple living upstairs - elderly people. There was a rumor that she had been struck by a stroke. Terrible screams came from the apartment. Neighbors met her husband, asked, what was the matter, he answered, she was sick, but like everything was in order .. And what can you do here? didn't let anyone in.
Believe me, I didn’t have a goal to spoil him, but I understood that something strange was happening and went to the district police officer. Nobody made any papers, but of course he let him into the apartment. And there, a nightmare and horror. This woman practically rotted alive - she has bedsores and .. In short, okay, I won’t write details here. Well, she was sent to the hospital, of course .. On the call of the district police officer, she was quickly taken away, but as her husband said, it was impossible to interrogate - it seemed that even the ambulance refused to come to her. I don’t know how true this is, but then they immediately took her away ...

Well, the author will go to the neighbors, they will tell her, everything is fine with us, just a nervous child. And what? Nobody knows the truth and the problem, if it exists, will not be solved. The district police officer, it seems to me, will professionally assess the situation and draw conclusions.

In general, I don’t quite understand why many here are so afraid of causing problems to their neighbors. Neighbors do not bother that their screams interfere, and we, like, should be delicate ...

AT modern world the majority of city dwellers live in apartment buildings, which implies the obligatory presence of neighbors. On the one hand, it is calmer in terms of security (the inhabitants of the apartment nearby can always come to the rescue in an emergency, for example, in case of fire, robbery, flooding). On the other hand, this means that people whose housing is separated by walls must respect each other's rights. One of these rights is the right to rest and the absence of noise at certain times of the day.

The neighbor's child constantly runs and cries loudly - what to do?

It happens that neighbors have small children, who are not always able to explain when it is allowed to make noise, and when parents can be held accountable for this. What to do if children's cries and crying at night have become a constant problem?

Important! When conflict situation with neighbors, you should first try to solve the problem by negotiating with them.

There may be several solutions to this problem, depending on the cause of the disturbance, the duration and intensity of children's cries, as well as the degree of involvement of adult residents of the neighboring apartment in resolving the conflict situation.

peace talk

Before writing a complaint against neighbors to any authority, one should resort to a joint resolution of the issue of violation of silence.

Perhaps they have a crying baby who is teething or who is suffering from an illness. Or the child has nightmares.

You need to ask the neighbors to calm the child in time, interrupting his crying, or offer to jointly take care of providing additional soundproofing of walls and ceilings. As a rule, if the neighbors are adequate and set up for a peaceful existence, then having a conversation is enough.

Another thing is if the neighbors ignore complaints about the noise from the apartment or their response borders on the manifestation of aggression. In this case, more drastic measures must be taken.

Silence law - where to complain?

Attention! The right to silence is protected by law.

In accordance with the “On Sanitary and Epidemiological Welfare of the Population”, from 7:00 to 23:00 it should not be higher than 40 dB, and from 23:00 to 7:00 - 30 dB.

Otherwise, the neighbors of the troublemakers have the right to invite a district police officer and order an examination that will determine the noise level, based on the results of the examination and the testimony of witnesses, the location and time of the examination, the conditions for measurements, the technical data of the equipment used, a lawsuit should be filed against the neighbors.

Application to the guardianship authorities

If the child cries or screams for a long time, and adults do not react to this in any way or are not in the apartment at all, then you can write a statement to the guardianship authorities.

The reason for this may be leaving the minor in danger or improper care.

For example, parents can leave their children alone locked in an apartment for a long time. They may also be in the next room, but not monitor the behavior of the child for various reasons: due to a frivolous attitude to raising and caring for children, due to being in a state of alcohol or drug intoxication, etc.

Guardianship is obliged to register such parents and to systematically monitor the living conditions of a given family and the behavior of parents in relation to their growing offspring.

Where to turn if a child is bullied - beaten, and he screams?

When there is a serious suspicion that a child is screaming as a result of beatings inflicted by parents and other relatives, or there is evidence, supported by photographs or testimonies, that there is a fact of bullying and violence against a minor (bruises, abrasions, fractures, etc.), then should contact the police immediately.

It should be remembered that the determination and willingness to go public can prevent serious crime- causing serious injury or killing of a child.

Calling the police

If there are serious reasons to think that neighbors practice bullying of a minor, both physical and moral, which results in the noise emitted, then, first of all, you need to call the local police officer and clearly explain the situation, clearly naming your data, information about neighbors , their residential address.

You need to speak on the merits, without making subjective assessments of what is happening. Police officers are required to arrive at the place of call and verify the accuracy of the information received.

Complaint to the guardianship authorities

In addition to calling law enforcement officers, it is also necessary to file a complaint with the guardianship authorities. Specialists of the guardianship and guardianship service will be required to check the material living conditions of this family, if necessary, schedule a medical examination of the child for injuries and other traces of violent acts.

If the situation is absolutely critical, the child will be removed from the family, and the parents will first be limited in parental rights ah for six months, then, if there are no signs of correcting their behavior, the final deprivation of the rights to the child will follow.

A complaint to guardianship should be written according to the established model. The complaint must indicate the name of the applicant and neighbors, address of residence, names government agency, the reasons for applying for guardianship, the laws governing this issue, the petition on the merits of the case (a request to conduct an appropriate check, deprive of parental rights, etc.), the date and signature of the citizen who made the appeal, and his contact phone number for feedback.

According to neighbors, a little boy of about three years old is constantly crying, screaming and hysterical behind the wall. Neighbors are sure that the boy is constantly in one place of the room, from which he is never let out. The adults of this family - mother and her two husbands, former and current - often swear among themselves and even fight. Adults come to them from time to time at night, but none of the neighbors have seen doctors.

It seems to the neighbors that the boy is seriously ill, but no one takes care of him. Moreover, they believe that parents tie him along with the crib to the battery. She lives in an apartment and an older girl, but the children very rarely go for a walk, if at all.

Relatives of Maria D. called the police, applied to the guardianship (although not in the area that was needed, and they did not finish the case), but there was no result. What is the desired result? To help children who, according to the neighbors, are clearly suffering.

In the guardianship of the area where the family lives, because of which the neighbors cry and cannot sleep at night, they explained to us that they know about her, periodically visit. Moreover, there are four children in the apartment - indeed, from two husbands, the former and the current. But men work, no one leads a wild life.

“Yes, my mother is not a very healthy person with a difficult past, she looks haggard,” they told us. - The apartment is very crowded - there are many adults and children, but the family is waiting for resettlement. They probably have some scandals. But the children are well-groomed, cheerful, fed. Yes, they are poor, but always clean. We believe that this is not the family from which children should be removed.”

In the guardianship, we were promised that they would visit the family that the neighbors are worried about in the next few days, find out why the family's neighbors cannot sleep peacefully.

This story made us ask ourselves: what should be the actions of an outsider who cares about other people's children in order for them to be effective? We asked employees of guardianship and guardianship authorities to answer the most typical questions related to this.

Is it always necessary to immediately contact the guardianship authorities?

If you don’t observe a direct threat to the child’s life - no one is holding him by the legs upside down in the open window (in such a case, it’s better to call the police right away), or you doubt whether there is such a threat, then it’s best to first try to find out on your own what is happening neighbors and whether to sound the alarm.

If, after finding out, you are still not sure about the safety of the child, and you think that his parents are not performing their duties properly (they do not feed the child, beat him, yell at him, do not take him out for a walk, do not clean the apartment, etc. ), then you can write an application to the guardianship and guardianship authorities at the place of residence of the child.

The application can not only be sent by paper letter or brought to custody, but can even be sent by e-mail - now all addresses and phone numbers can be easily found on the Internet.

When does guardianship go to check on the family?

Frame from the movie "The Nightmare Beyond the Wall" (2011). Photo from vokrug.tv

Guardianship is obliged to check all applications that contain information that the child was left without parental care or is in conditions that pose a threat to his life and health. Moreover, the verification is carried out within three days (under Art. 122 family code RF).

Guardianship employees testify that often the facts stated in the statements from citizens are not confirmed, they are unreliable. Neighbors quarrel or cannot find a common language, and in this case, the application for custody is a way to somehow complicate the life of the opponent.

Do guardianship authorities check anonymous appeals?

They check, however, it is better that the application be signed. This makes it easier for caregivers to motivate their visit to the family.

The applicant will not bear any responsibility if his information is not confirmed. However, the family to which they came with a check can sue the applicant for defamation.

Is the child always taken away if the information in the application is confirmed?

No, not at all. A child is removed from the family only if there is a clear threat to his life and health, that is, something visible to the naked eye: obvious abuse (the child sits on a chain or lives with dogs, for example), bruises and wounds on the child’s body , unsanitary conditions, lack of food, drunken parents.

According to guardianship employees, a long work begins with a family in crisis - children are never taken away immediately if there is confidence that the parents will be able to correct the situation - they will stop drinking, find a job, put the apartment in order, turn to social protection authorities for help.

A family in a socially dangerous position (the commission on juvenile affairs recognizes it as such) should not be left alone. It will certainly be supervised either by guardianship specialists, or by employees of a social rehabilitation center, etc.

What to do if the guardianship authorities are notified about a truly crisis family, but it still seems to you that the situation is not changing?

Alena Sinkevich, coordinator of the "Close People" project of the Charitable Foundation "Volunteers to Help Orphans", believes that in this case it is the neighbors themselves who can become a support for such a family.

– It is important to turn to professionals when common sense not enough when the situation seems wild. But it is often difficult to decide on this, because the line between informing and active citizenship is very thin. There is always a fear: what if, after my application to the police or guardianship, all these authorities in the life of the family break firewood?

It is scary to become a snitch, but without a civic position it is impossible to build a civil society. Citizenship is manifested in the fact that we do not give a damn when a child is beaten behind a wall. But often this is not a criterion of dysfunction. Of course, you can immediately complain to the guardianship and wait until the children are taken away from the family. But what option can be offered to them, except for an orphanage?

And I would start with neighborhood help for a family that, as you think, needs help.

Neighbors who worry about children are exactly the people who can offer to take a walk with children, work with them, look after them, etc. It is the neighbors, in addition to the police and guardianship, who are the people whom the crisis family will be able to let in.

In order for the family to let the neighbors in, you must first offer something seductive. In critical situations, the principle “give a bait, not a fish” does not work. The resource of the family is low and it is necessary to start with “fish”: give food, sleep, heat, offer other basic things. And then already think about the "fishing rod".

So the neighbors will be able to find out the real state of affairs and build support routes with the help of professionals (employees of guardianship authorities, employees of special NGOs).

It is important not to reproach people, not to tell how wrong they are, but to offer to go for a walk with the children or bring food. All crisis families have a lot of critics and very few helpers.

This is called "community support". The community can be geographical (neighbors), social (janitors of the microdistrict), religious (parishioners of the temple).

It is important that the community wants to help and provide support. It is necessary for someone sane to be able to correctly ask for help. It is important that they do not collect money - they will not help, but asked to help the family with services.

Sometimes parents yell at their children. From impotence, out of habit, after have a hard day- things happen. And more and more videos on social networks with mothers swearing at children, filmed by caring passers-by, under which the general chorus of commentators yells: call the guardianship, call the police! Let's figure out what to do if the parents yell at the children on the street, and you see it, or the neighbors behind the wall - like well-to-do people - scold the children so loudly that it bothers you. To call or not to call the guardian? To call or not to call the police? What to do? And what about parents who break down on children, and those around them are worried?

Before intervening, consider three things:

Is there a threat to the safety, health, or life of the child?

Do you want to help a child or punish a mother who is unrestrained in her emotions and language?

Do you want to make a video to post it on your blog and get likes?

Option three is ugly. You interfere (brazenly, unceremoniously and irresponsibly) in someone else's life. It is not necessary to do so.

If the first question is relevant, then it is worth calling the police, clearly explaining what is happening: the child is being beaten, the child has fallen on the asphalt and covers his head with his hands, the beating parent looks drunk, the child runs to you and shouts “save me!”

When else can you call the police? When there are obvious threats to the child in the cries behind the wall - “her father will come, he will add more!”, “Oh, you creature, you will sleep on the bare floor!”.

If, answering the second question, you understand that you are primarily driven by the desire to “teach a lesson” to this negligent mother, it’s better to stop. And go back to point one.

Is it worth it to call the guardian?

If there is no situation threatening the life and safety of the child, the guardianship authorities will do nothing, they will only look at the conditions in which the child lives.

Do you think that “people like these” should have their children taken away? There will be no less screaming in the reception center, only there will be no mother, and the child will not be at home. In such a scenario, there is nothing but the deterioration of the situation of the child.

Should you call the police?

If there is a danger to the life of the child - yes. If there is no danger to the life of the child, then the police can not be called.

What can the police do? If the police are allowed into the apartment (and they are not required to let them in without a piece of paper from the court), then with the consent of those who live in it, they will inspect the apartment, talk to the child (if the parents do not mind). If the child looks normal and there is no reason to believe that the behavior of the parents threatens his life and health, then everything will be limited to this.

If you write a statement, the police will interview the neighbors, interrogate you, draw up a protocol and hand it over to the district police officer to sort it out. The district police officer can call the parents for a conversation or come to their home. If they have not committed actions that the law classifies as child abuse, then the district police officer will write a refusal to initiate a criminal case.

But if complaints about noisy neighbors are frequent, the family can be registered with the commission on juvenile affairs. And the guardianship authorities will carefully monitor that the child leads a normal life.

The police can prevent a crime, but in a situation of “regular” family swearing, there will be no help from the police for the child - on the contrary, the child may be afraid that mom and dad will be arrested.

Does it make sense to scare the neighbors with the police and guardianship?

No. You will only turn people against you. Or add to their nervousness if they just broke loose, or run into rudeness if swearing is their usual manner of communication. Neither one nor the other will make the child better.

Will attempts to exhort parents who swear at their children do anything?

Unlikely. Adults have a negative attitude towards criticism, evaluation of their actions when they did not ask for it. Your cries of “what are you doing, are you yelling at a child?”, you will most likely be answered with rudeness or a cold request not to interfere. On explanations why children should not be shouted, they will probably answer the same. This will not make anyone feel better, especially a child.

What can be done when neighbors yell at children?

From a legal point of view

says Maria Merkurieva, lawyer:

Call the police. If there are several appeals, the commission on juvenile affairs will turn on. Complain to the guardian. Complain to the prosecutor. These bodies have a duty to protect children from violence.

Even if you've already complained and nothing has changed, keep complaining. Better - in writing. If they do not take any action, you can already complain about them - to higher authorities or a higher prosecutor's office.

In addition, you can talk like a neighbor with a child if he is already big enough, tell him that he can apply to the guardianship authorities if the situation in the family is dangerous for him.

From an ethical point of view

says Svetlana Mokhova, candidate psychological sciences, forensic psychologist:

Ideally, good neighborly relations will help. If they are, you can talk to the screaming neighbors and that their screams are bothering you, and ask if they are all right, and offer some help.

With a grown child, neighbors with whom the family is in good relations, they can also talk directly, ask how he is doing, say “come if you want to talk” or “I care about how you feel.”

For parents, good neighborly relations are an opportunity to ask for help and receive support. And in moments of nervous breakdowns, they are especially needed. From an excess of mental well-being, hardly anyone will scream.

The police and guardianship should be called in case of great danger. Most often, there is no great danger to the child from the cry of the parents. And the police and guardianship will not prevent dangers for the formation of the psyche, character, self-esteem, it can be prevented by caring people.

What to do if someone yells at a child on the street?

The best option, which rarely causes an aggressive reaction, is to ask the mother (father) if you need help? And if needed, provide this assistance. If not, be prepared to move away.

Guardianship on a call to the street will not go. The police will go if a child is beaten, they are threatened at him, if the child is covered in blood, if he asks you to save him from an adult. That is, when there is reason to suspect physical abuse.

But what if the screaming parents are you, and the neighbors called for guardianship?

Guardianship usually warns of a visit, and will look at how you live - does the child have a bed, is there food in the house, are there toys and books according to the age of the child. If there is no threat to the life and health of the child and everything is fine in the house, no actions from guardianship will follow. At guardianship installation: do not touch the family. But you may have to explain yourself, tell what happened to you.

If you can’t cope - you need psychological or material help - you can ask guardianship how they can help (this does not mean that help will be provided, but the question of help is appropriate and sometimes, according to the experience of parents, it helps to close custody issues altogether fast).

If the representative of the guardianship authorities decides that something is wrong, they will give you time to correct the situation and come back with a second check.

But if appeals to guardianship authorities continue, the situation does not improve, then after the third check, the family may be recognized as being in a socially dangerous situation (SOP), then there is a risk of removing children from the family.

Are parents breaking the law when they yell at their children?

Maria Merkurieva, lawyer says:

Violate. Parents are responsible for the upbringing and development of their children. They are obliged to take care of health, physical, mental, spiritual and moral development children is Article 63 of the Family Code.

There is also the Declaration of the Rights of the Child and the Convention on the Rights of the Child - international documents that provide special protection to children as people who have less ability to protect themselves. In accordance with them, the child for a complete and harmonious development his personality needs to grow in a family environment, in an atmosphere of happiness, love and understanding. The interests of the child should be the primary concern of parents and public authorities.

The principles of international acts are developed in more detail in the Law on Basic Guarantees of the Rights of the Child in the Russian Federation and are applied by the courts when considering any cases related to children.

For failure to fulfill the duties of raising children, different types responsibility of parents: criminal (Article 156 of the Criminal Code of the Russian Federation), civil law (part 2 of Article 91 of the Housing Code of the Russian Federation), administrative law (Article 5.35 of the Code Russian Federation on administrative offenses), family law (Articles 69, 73 of the Family Code of the Russian Federation).

Is swearing legally child abuse?

The law protects the child from all forms of physical or psychological abuse, abuse or abuse, neglect or neglect, abuse or exploitation, including sexual abuse. It is assumed that the child is protected from this by the parents, and if the parents do not protect or are to blame, the state comes into play.

However, there are no specific rules for determining what will be violence (or will not be) in everyday life. The main thing is causing mental or physical harm to the child. Harm as a basis for prosecution can be both real (that is, the child has actually suffered from screaming) and potential.

A detailed description of violence is only in criminal law. Criminal liability established for neglect of parental duties associated with child abuse. Cruel treatment specifically: deprivation of food, shoes and clothes, gross violation of the daily regimen, due to the psychophysiological needs of a child of a certain age, deprivation of sleep and rest, failure to comply with elementary hygiene standards (leading to, for example, pediculosis, scabies, etc.), failure to comply with the recommendations and prescriptions of a doctor for the prevention of diseases and treatment of the child, refusal or evasion from providing the child with the necessary medical care and the like, as well as the application to the child of unacceptable (in the legal and moral sense) methods of education and treatment, including all types of mental, physical and sexual abuse of children.

Can a child be removed from the family if the parents scold him in a raised voice?

A child can be taken away in case of a direct threat to his life or health - this is the norm of Article 77 of the Family Code. What exactly is considered an immediate threat - the article does not explain, that is, this decision remains at the discretion of the guardianship authorities.

In addition, the police can take the child away if he is found to be neglected. Sometimes the police consider a child to be neglected even when the parents are around - if, in the opinion of the police, the parents are unable to look after the child.

In the event of a child being taken away, the guardianship authorities are required to draw up an act and within a few days notify the prosecutor's office and submit to the court an application for deprivation or restriction of parental rights.

If a “neglected” child is seized, then it is not necessary to demand the deprivation of parental rights: when the police find the parents (or the ability to look after the child returns to the existing ones), the child returns to the family.

The probability of withdrawal without good reason is very low. But it exists, because there are no clear rules for withdrawal, and guardianship officers can make the wrong decision.