Administrative responsibility in the sphere of infringement of peace and quiet of citizens: theory and practice

• Laptev S.A.

  Vladivostok State University of Economics and Service
  Vladivostok. Russia

• Belovosh M.A.

  Vladivostok State University of Economics and Service
  Vladivostok. Russia

The purpose of this paper is to analyze the main regulatory and legal provisions of the Primorsky Region law “On ensuring peace and quiet of citizens in Primorsky Region”, as well as a comparative study of the practice of its implementation in comparison with the laws of other subjects of the Russian Federation.

The goal set made it possible to formulate research objectives: To analyze the concept of “noise” at the level of the subjects of the Russian Federation; Consider the need to measure the noise level and the use of professional measuring instruments, depending on the subjects of the administrative offense; Identify bodies that have the power to bring to administrative responsibility in violation of the rights of citizens to peace and quiet; On the basis of judicial practice, identify the problems of bringing to administrative responsibility and identify ways to solve them.

The main question answered in this article, why the law enforcer in different cases differently interprets the norms of the law and how it is possible to change this situation.

Based on a comparative legal study, the following conclusions were obtained: The need to adopt a single federal law on the silence and peace of citizens in the Russian Federation, the establishment in it of a general sanction for committing an offense, and the conclusion of an agreement on empowering the Office of the Ministry of Internal Affairs with powers to draw up protocols on administrative violations.

The theoretical significance of the work is determined by the fact that the conducted research contributes to the study of the material, information about which is insufficient for an extensive description of offenses in the sphere of peace and quiet of citizens, in particular, in analyzing collisions in the current legislation and generalizing the results of the research.

The practical significance lies in the possibility of using the results of this research in practice, namely, when bringing to administrative responsibility and restoring the violated rights to peace and quiet.

Keywords: Primorsky Region law, noise, disturbance peace and quiet, administrative offences, administrative responsibility, federal law, judicial practice, competition.