Housing Law Agency - Questions on housing and land law

Characteristics from the place of residence from neighbors

Situations in which the provision of household characteristics from neighbors may be as follows:

Investigation of a criminal case. The document is requested by the inquiry body or the investigator leading the case. The purpose of the characterization may be to compile a psychological portrait of the suspect, identify the motives of his actions, and assess the correctness of the investigative actions.
Obtaining permission to carry weapons. In this case, the mental stability of a person is of key importance, so the characteristic is used in conjunction with other diagnostic methods to create an overall picture.
Employment. If the performance of professional activities involves financial responsibility or the need for mental stability, the employer may request references from neighbors at the place of residence. It will allow you to form a general impression of the applicant, and will also help you check the data specified in the resume.
Admission to the University. In this case, references from neighbors may be required in a situation where several applicants have similar indicators or many applicants apply for one place. In such a situation, the opinions of neighbors will be used to make a decision in favor of one of the student candidates.

In addition to those listed, the characteristic from neighbors can also be used in other cases, which will be discussed in detail below.

There are no legal norms obliging a citizen to provide this document in Russian legislation. However, in some cases, a positive description of a neighbor can bring real benefits to him.

The role of personality assessment in criminal proceedings during preliminary investigation

The Code of Criminal Procedure of the Russian Federation allows for the provision of additional information about the accused, even at the stage of inquiry or preliminary investigation. Such data are especially important when prescribing a preventive measure. Even if the judge believes that in a particular case it is permissible to limit himself to a written undertaking not to leave the place, he needs argumentation. And the positive evaluative opinion of the residents of the same house is perfect for this.

It is important that this document indicates that the accused is employed and has stable family ties and family relationships.

From this we can conclude that characterizations from the place of residence to the court from neighbors can have a significant impact on the future fate of the accused. An example of a description from neighbors addressed to the court:

Example No. 2.

The legislation of the Russian Federation provides for such a measure of assignment as a personal guarantee. This involves the surety taking responsibility for the accused. Namely, for the appearance and exemplary behavior of the defendant. In theory, nothing prohibits citizens living next to the accused from playing such a role. To do this, they need to write a statement, or rather a petition from neighbors, in a criminal case, where it is necessary to set out all the facts and confirm their readiness to take such responsibility, that is, to “bail” the accused. This preventive measure is not popular in the Russian Federation, but there are precedents.

Characteristics from neighbors to court

Judges often require references from neighbors when considering cases of adoption, deprivation or restoration of parental rights, or registration of guardianship. In all these cases, the document allows you to draw up a portrait of the participant in the process and make a decision about the presence of a sufficient number of positive qualities that allow you to raise children.

Characteristics from neighbors are also used in criminal law - positive feedback from residents of an apartment building can influence the entire course of the meeting. When issuing a court ruling, all nuances are taken into account, including mitigation of punishment for a defendant with a positive character (Article 61 of the Criminal Code of the Russian Federation).

For example, a correctly composed review from neighbors can contribute to the parole of a convicted person.

For this, it is important that the document necessarily reflects not only positive qualities, but also information about stable employment, stable family ties and favorable family relationships.

It should also be taken into account that Russian legislation provides for the possibility of personal guarantee, which means that the guarantor takes personal responsibility for the accused. This role can be played by neighbors who have written a corresponding petition. Such a guarantee helps mitigate the punishment, for example, replacing an arrest with a written undertaking not to leave the place. Such a preventive measure is not very popular in the country, but there are precedents.

Characteristics from neighbors

People around them often know much more about a person than his colleagues and even relatives. Characteristics from neighbors can play a key role in many legal disputes. It not only has legal force, but can also influence the social or financial sphere of life of an ordinary person.

Why might a characteristic be needed?

When a government agency must make a decision, it is important to get the most complete picture of the citizen’s personality. And a characterization from neighbors can shed light on some of the circumstances of his behavior in everyday life.

Which authorities can require characteristics from neighbors?

The following government agencies may review such a document:

Law enforcement agencies (police, investigative committee) when investigating a crime. Thus, the characteristics of the place of residence are the main factor when the investigator makes a decision on house arrest as a preventive measure.
Courts when making a decision to mitigate or tighten the punishment for the accused.
Correctional system authorities when deciding on the parole of a convicted person.
Medical institutions (for example, a characteristic will help a psychiatrist make a more accurate diagnosis).
Military registration and enlistment office for the correct assessment of the personality of a conscript, for example, going to elite military units.
Guardianship authorities for making decisions on the removal of a child from a dysfunctional family, in case of divorce, as well as in the case of adoption of children.
Organizations issuing weapons licenses.
The university accepting documents from the applicant.
Personnel department and management of institutions of the Ministry of Emergency Situations, Ministry of Internal Affairs, military units during the employment of a citizen.

Who writes a description of the place of residence

In addition to neighbors, the district police officer can tell you about a person’s everyday behavior. He gives a description of the citizen’s criminal records and offenses.

By the way! The head of the building management can also give a description of the tenant. He has at his disposal data on compliance with deadlines for payment of utility bills, apartment inspection reports, information on citizen participation in the life of the area and public events.

When receiving such characteristics from officials, the document must bear the seal of the institution.

What information is included in the characteristics from neighbors

There is no single template for writing characteristics. It can be designed in any form. Information that is usually included in the document:

Full name, address of the person for whom the reference is being drawn up.
How long has he lived in this place?
Who else lives in the apartment with him, and how strangers evaluate family relationships.
The offenses of the person described are known to everyone.
His attitude towards social events, his responsibilities, and the people around him.
Information about the compiler of the profile: Full name, address (apartment or house number in the private sector).

The completed description contains the date of its preparation and the signature of the author of the document.

Appearance and features of the document

For a testimonial to be accepted, it must be signed by at least three people.

It is unacceptable to write a description on ordinary notebooks or other sheets not intended for documents. When filling out on standard white A4 sheets, you must leave margins.

In the header of the document on the right is written the official or organization to which the reference will be provided. The word “Characteristic” is written at the top and in the middle of the sheet. After this comes information about the person being described, indicating his address and date of birth.

Narrative part

A paragraph describing feedback from neighbors may begin with the words “We, the undersigned...”. If one sheet is missing, you can continue on the back.

Important! A variety of emotionally charged, everyday, offensive or, conversely, exaggerated laudatory phrases are not needed in the document and are often unacceptable. Only facts, characteristics of a person’s behavior towards others and within the family, bad habits, and manners are described.

The characterization from neighbors is, first of all, an official document, and its style should be as neutral as possible. The story about a person is told in third person.

Responsibility of the compiler of the characteristics

The main requirement for the compilers of the characteristics is reliability. Neighbors may deliberately write a negative description out of feelings of revenge, self-interest, or personal resentment. If such facts are revealed during an inspection by investigative authorities, the district police officer, or the prosecutor’s office, then the persons who signed such a document may be brought to criminal liability. Therefore, the person who signed must bear personal responsibility for this and be prepared for the fact that he will have to confirm his words in court and act as a witness.

When is a character reference from neighbors compiled?

In all criminal cases, the document is prepared in advance, before the court date. The court reviews the characterization and decides on punishment. Often it is a positive reference from neighbors that causes a sentence to be commuted or a prison term to be reduced.

In some cases, special attention is paid to the description of kinship and family relationships (for example, when making a decision on a written undertaking not to leave).

For guardianship authorities, such characteristics are compiled either for an individual person or for the family as a whole. The characteristics for the guardianship authorities describe the situation within the family and the possible reasons for this situation.

By the way! Often it is from neighbors that signals are received about the danger of a child continuing to live with relatives.

If a reference is required from neighbors for the adoption of a child, then a positive decision depends on such qualities of the future parents as kindness, caring, calm disposition, love for small children, patience and good manners.

When distributing conscripts to various military units, it is important for the military registration and enlistment office to evaluate not only the physical fitness of the future soldier, but also his moral qualities. Therefore, it is imperative that the young man, along with other documents, submit a reference from his neighbors.

Characteristics from neighbors to the police

A reference from neighbors is written to the police in cases where a citizen faces the possibility of criminal or administrative proceedings. Filled out in accordance with standard requirements:

written in free form, indicating the main details related to the case (for example, if we are talking about rowdy behavior, a list of qualities that characterize a person as an exemplary family man and a tenant who observes all the rules of living in an apartment building);
signatures of at least 3 neighbors are placed;
" closing " the remainder of the document to make any additions impossible (for example, by striking out blank lines).

It is possible that the citizen himself will write the description, and the neighbors will simply confirm what is written.

The document can be notarized, but the authenticity of the signatures will be checked, and not the correspondence of the content to reality.

What to write in the reference from the place of residence and whether it needs to be certified

Since there are no clear instructions in the legislation for drawing up a characteristic as a document, the format of the document is arbitrary. The document can be written by hand or typed on a computer and then printed. Although there are no requirements for the document, it is still worth adhering to the general rules for writing official documents:

the header contains information from the authority to which the document is sent;
information about the citizen referred to in the profile;
any information on the opinion of the citizen drawing up the document that can fully characterize the culprit;
In the conclusion, a signature and date are placed; if there is a seal, it can be used.

Supervisory complaint in a criminal case

Characteristics to the court from the place of residence, the sample can be of a household nature, from the place of work, from the local district police officer. If the document is a household document, then it is drawn up in free form by the citizen’s neighbors. It will be better if you have several neighbors, for example 3-4 people, than more different people. Describing you, the better and more believable.

The court will be able to take into account all testimony and information from third parties, presenting a more detailed picture of you as a person, your way of life, behavior, etc. Characteristics from neighbors, friends, relatives must be notarized. With all this, you need to understand that the notary puts his signature and seal not in relation to the contents in the text of the document, but in the fact that it was drawn up by these very citizens (neighbors, friends, relatives).

If the reference is sent from the management team, from the place of work, then in addition to the date and signatures, the document must bear the seal of the enterprise, the person authorized to generate such documents, or the management personally. Without such little details, the court may deny the correctness of the document and simply will not accept it for production.

The reference from the district police officer or the chairman of the HOA must be certified with seals.

Important! In some cases, the defendant can draw up a character reference for himself, but in this case, he must hand over the document to those on whose behalf it was drawn up (for example, neighbors) to familiarize themselves with the contents, and if they agree with the text, then they must put Your signatures under it are then certified by a notary. This is allowed to be done only when neighbors, for example, do not have time to prepare the document in person.

Characteristics of the place of request to the military registration and enlistment office

There are various types of troops in the Russian army, and in some cases, being in them has its own specifics. Characteristics of neighbors to the military registration and enlistment office are not mandatory, but can help to obtain additional information about the conscript or confirm existing information.

Example characteristics
Characteristics from place of residence
on Prokhorov I.E., living at st. Moskovskaya, 9, apt. 2
Ivanov Igor Ivanovich lives at st. Moskovskaya, 9, apt. 2 since 2002.
During the period of residence he showed himself on the positive side - he is sociable, polite, always ready to help, does not drink or smoke. Was not seen in conflicts.
He is married and has a 3-year-old daughter, Ivanova Kristina Igorevna. He is a good husband and father.
He took the initiative in arranging a playground in the yard and donated his own building materials.
/signature/ Gavrilova L.N. sq. 75
/signature/ Nikiforov S.D. sq. 54
/signature/ Vasilenko R.O. sq. 43

Characteristics from the management company

Not only neighbors, but also the chairman of the management company can write a description. The form of the document is free, written in compliance with the norms of business correspondence.

It is certified not only by the signature of the chairman, but also by the seal of the company. It can be presented at the place of demand - to the court, to the police.

Example
To the Investigative Committee of Yaroslavl
from the Chairman of the Homeowners Association "Central" Vasilenko P.M.
Characteristic
Vatutina Nadezhda Igorevna born 02/12/1985, passport series 1234 number 123456, issued by the Federal Migration Service of Yaroslavl on 12/03. 2014, division code 123-456, lives at the address: Yaroslavl, st. Lazurnaya, 54, apt. 4 since 2006.
During the entire period of living in the house at the specified address, Vatutina showed herself only on the positive side. She does not violate the rules of living in an apartment building and treats other residents with respect. Vatutina makes timely payments for utility services and always gives out money for repair work. At this address, Vatutina lives with her legal husband Stanislav Romanovich Vatutin and her minor son Ilya Vladimirovich Vatutin. All family members lead a healthy lifestyle.
Vatutina does not create conflict situations, does not drink or smoke. She works as a teacher in a preschool institution, and her colleagues also speak positively about her.
Chairman of the Homeowners Association "Central"_______________ (Vasilenko P.M.)
Seal

Criminal procedural law: characteristics from neighbors

Sometimes it is important to provide information about a suspect to law enforcement agencies at the investigation stage, before the case is brought to court. This is necessary to influence the investigator’s decision when choosing a preventive measure: detention or recognizance not to leave.

Of course, if we are talking about the commission of serious and especially serious crimes, the investigator’s opinion will be unambiguous, and the person under investigation will go to await the court’s decision in a pre-trial detention center. This practice is also necessarily applied in cases where a suspect can hide from investigative authorities or put pressure on witnesses.

If the person under investigation

we do not judge;
was not prosecuted;
is positively characterized by place of residence or work;
committed a minor offense;
will not interfere with the administration of justice.

The investigator may well apply a preventive measure in the form of house arrest. It is noteworthy, but the key role in this decision is played by the characteristics from the place of residence, which will present the suspect from a positive or negative side.

The decision to choose a preventive measure is the responsibility of the executive authorities, so the document can be submitted to the investigator or to the courts.

Let's look at an example of such a characteristic.

In addition, the concept of personal guarantee operates within the framework of the Criminal Procedure Code. This means taking the suspect on bail, for example, by neighbors or relatives. By issuing a guarantee, the responsible person guarantees that the citizen will not hide from the investigation, will carefully comply with all instructions and will appear at law enforcement agencies upon request.

A personal guarantee is issued in the form of a petition, which is submitted to the investigative committee. There are also no mandatory requirements for filling out the document, so the above characteristics can be used as a sample. To the main content it is necessary to add the lines that a separate category of citizens is ready to take the offender on bail; below are the signatures of the responsible persons.

Characteristics of a teenage child in care

This type of review is rarely required - in situations where guardianship is being established over a minor or living conditions in a foster family are being monitored.

The characteristics of neighbors for a child are no different from the document issued for an adult.

Sample
To the director of Lyceum No. 123 in Petrozavodsk
Petrov P.P.
Characteristics from the place of residence from neighbors on Andrey Maksimovich Litvinov, born on December 13, 2004, living at the address: Petrozavodsk, st. Lenina, house 34, apartment 10.
Litvinov A.M. has been living at the given address since 2010. The family in which he is being raised is complete. Mother Litvinova Evgenia Viktorovna born in 1983, father Litvinov Sergey Leonidovich born in 1980.
The main share of raising a child falls on the mother, since the father of the family regularly goes on business trips.
The family is prosperous.
The minor has everything he needs and does not need help. For the entire period of residence in an apartment building on the street. Lenina, house 43, apartment 10, Litvinov V.M. gave the impression of a well-mannered, cultured and non-conflict person. I socialized in the children's group and made friends. He does not damage common property; after school he regularly goes to sports and creative clubs.
Neighbours:
Lukova S.R. (signature) sq. XX
Svetlova R.O. (signature) sq. XX
Nikitin A.O. (signature) sq. XX

Legal consequences for neighbors who characterize a person

It is important to consider that any description written by a neighbor for a tenant can be verified both by the court and by law enforcement agencies. Citizens who took part in the preparation of the document can be summoned for questioning at any time to confirm the data provided.

If false information is provided, neighbors may be prosecuted for giving false testimony (Article 307 of the Criminal Code of the Russian Federation).

In addition, it should be borne in mind that a negative reference from a neighbor can negatively affect the life of a citizen. Therefore, it is extremely important to be careful about the information provided in the document.

To avoid legal consequences from an incorrectly drawn up description, you need to:

first clarify the purpose of obtaining information about a neighbor;
if specific qualities are required, it is important to describe only those of which the signer is confident;
be prepared to provide explanations on the information provided if necessary.

It is also important to carefully read the text of the document being signed; you should never sign a blank form of reference from your neighbors’ place of residence.

In the event of antisocial behavior by a resident of an apartment building, neighbors can file a collective complaint against him with the police. In this case, you will need to additionally attach a reference for the citizen.

Example
To the local commissioner
Police department no.
from the residents of the house on the street, Moscow.
CHARACTERISTIC
per tenant sq. 1 house No. 27 on the street. Green, Moscow Borisova N.N., born in 1989
We would like to inform you that we are neighbors of N.N. Borisov, who has been living at the above address since 2010.
During this entire period, M.B. has proven himself on the negative side: he leads an antisocial lifestyle, does not work, drinks alcohol with other people in entrance No. 5 of the indicated building, smokes on the landing.
Borisov N.N. has been repeatedly seen lying drunk in an elevator, making it difficult for other people, including the elderly, to use the elevator.
Borisov N.N. participates in the damage of public property, paints the doors and walls of the entrances of the specified house.
He does not respond to numerous comments from people living in the house.
01.01.2020
Neighbors: Sazonov N.L., born in 1971, (apartment 2), _____ (signature).
Popov P.S., born in 1966, (quarter 3)______ (signature).
Solovyov O.Z., born in 1958, (quarter 4)______ (signature).

The main purposes of writing a household description

Participation in criminal proceedings. Usually it is requested by the inquiry or investigative body when crimes are being investigated. Thanks to it, the investigator draws up a preliminary psychological portrait, identifies the motive that provokes the suspect to commit a crime, and, in general, understands whether the investigation is on the right track.
Trial. Usually judges require them when considering criminal cases, because this is where every nuance is important. And sometimes the entire outcome of the case may depend on this document. Moreover, this is spelled out in Article 61 of the Criminal Code of the Russian Federation - the punishment can be commuted if there is an appropriate basis for this - a decent lifestyle before committing a crime.
Obtaining permission to carry weapons. The main rule when issuing a permit to carry a weapon is the psychological stability of the citizen. After all, a nervous breakdown makes people too emotional and sometimes unable to control their actions. And this can lead to the use of weapons not for the purpose of self-defense, but for a targeted attack or murder.
Employment. For professions in which financial responsibility or psychological stability is an important element, characterizations from neighbors may be required. This will allow the potential employer to understand what kind of person you are, and at the same time check the veracity of the information you provided in your resume.
Admission to an educational institution. The requirement of an educational institution to provide references from neighbors at the place of residence is not a frequent occurrence, however, it does occur. So, this can be done if there is a lot of competition for a place and the same entrance exam results for several applicants. This will help make a decision in favor of a particular applicant.

Mandatory components of the characteristics from the place of residence from neighbors to court

At the top we write the name of the paper and put the date;
Next, we indicate the full name of the person being characterized, the address, how long we have known each other;
Let us describe, using an example, how the person in question differs from other people. The opinion that others have about a person. How the subject behaves towards his relatives living with him and his neighbors. It is definitely worth mentioning whether he has bad habits, merits, achievements in society, what he usually does in his free time.
At the very bottom you should indicate the characterizing person’s full name, address, and signature.
Free form of execution implies the introduction of an unlimited amount of material when writing.

This is also important to know:
Who should pay for a broken bottle in a store?

On the page we provide the opportunity for free (sample), a form of recommendation paper from the place of residence, by editing which you can independently create the necessary document. For convenient use, we suggest using a direct link, without additional difficulties. Enjoy using it!