д-л08.07.15срда-с

              Appeal

          (common to all appeals)

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          (common to all appeals)

 

                                      Collective complaint

          We ask you to urgently solve the intolerable problem, which has been going on for the second year at the address Kyiv, street Klavdiyivska, house       ,       ,       ,        and houses, located at the intersection of Klavdiyivska Street and Garshyna Street, to ensure the restoration of violated rights and protect the legitimate interests of the citizens of Ukraine, which are guaranteed and enshrined in the Constitution of Ukraine, Law of Ukraine «About citizens' appeals», By the Decree of the President of Ukraine from 07.02.2008 № 109/2008 «On priority measures to ensure the implementation and guarantee of the constitutional right to appeal to public authorities and local governments».

            The problem is systematic, daily violation of public order, public safety and silence rules after 22:00 persons intoxicated.

         These houses are located on the outskirts of Kiev, in the Novobilichi residential district, bordering the forest belt, which runs to the village of Kotsyubynske. The construction of a residential complex is underway here «Gryunvalid» and in the house      , on Klavdiyivska Street, is a deli «Alexandrovsky», who works around the clock and sells alcohol around the clock, low-alcohol beverages, beer – place of trade activity of a natural person-entrepreneur Tetyana Dmytrivna Kimlyk (addition: a copy of a free request from the website of the Ministry of Justice of Ukraine for information on the USR about a natural person-entrepreneur Kimlyk Tetyana Dmytrivna).

This is the round-the-clock mode of selling alcohol, low-alcohol beverages and beer created hellish living conditions for the residents of the houses at the specified address, sleepless nights and nervous stress in the elderly, families with small children.

         In our neighborhood only this deli «Alexandrovsky» works around the clock and sells alcohol around the clock, low-alcohol beverages, beer, which attracts people, who under the influence of alcohol intoxication arrange fights on the street, brutally swear, turn on the music loudly, arrange drunken races on cars and motorcycles, loudly braking and warming up the engines.

         I had to watch it many times, as drunk young men buy at night in a deli «Alexandrovsky» another serving of alcohol and without leaving the store the company just on the hood of the car, on the windowsill of the store drink alcoholic beverages, shout, loudly playing the guitar, argue, arrange fights, and in response to the request of the residents of the houses not to make noise, only obscene swearing is heard and the music is turned on even louder., songs are shouted in drunken voices. This continues until the morning, even, how are some drunks, then new ones come, for a deli «Alexandrovsky» sells alcohol around the clock.

         On phone calls from residents, concierges to the police for violating public order, public safety and silence rules after 22:00 persons in a state of intoxication have no reaction from law enforcement agencies, I never saw a police patrol car or policemen, carrying out service on patrol of a public order in our residential district.

         In Article 24 Law of Ukraine «On ensuring the sanitary and epidemic well-being of the population» there is a clear indication:

«provide during the operation of catering establishments, trade, consumer services, entertainment and gambling business, culture, during concerts, discos, mass festive and entertainment events, etc. sound levels of sound equipment and musical instruments indoors and outdoors, as well as noise levels in adjacent residential and public buildings, not exceeding the levels, established by sanitary norms;

take measures to prevent noise levels during the day, established by sanitary norms, in such premises and in such territories (protected objects):

1) residential buildings and adjacent areas;

2) therapeutic, sanatoriums, orphanages, educational institutions, culture;

3) hotels and dormitories;

4) located within the settlements of public catering establishments, trade, consumer services, entertainment and gambling business;

5) other buildings and structures, in which people are permanently or temporarily;

6) parks, squares, recreation areas, located on the territory of neighborhoods and groups of residential buildings.

Noise at protected facilities during any activity should not exceed levels, established by sanitary norms for the corresponding time of day.

At night, from the twenty-second to the eighth hour on protected objects loud singing and shouts are forbidden, use of sound reproduction equipment and other sources of household noise, conducting salutes, fireworks, use of pyrotechnics.»

 

According to subparagraph 11.2.9. «Rules of improvement of the city of Kiev» managers, authorized officials of enterprises, institutions, organizations and citizens are prohibited from making noise when using production equipment and tools, explosives and pyrotechnics and other loudspeakers in homes, dormitories, in adjacent areas and in recreation areas at night with 22-00 year. to 8-00 year.

Also in the Law of Ukraine «On ensuring the sanitary and epidemic well-being of the population» said – «executive authorities, local governments within their powers, established by law, provide control over the observance of managers and officials of enterprises, institutions, organizations of all forms of ownership, as well as citizens of sanitary and environmental legislation, rules of observance of silence in settlements and public places, other regulations in the field of protection of the population from the harmful effects of noise, non-ionizing radiation and other physical factors.»

Guided by Art. 140, 146 Constitution of Ukraine, Article. 30 and paragraph 44 part of the first article. 26 Of the Law of Ukraine & ldquo; On local self-government in Ukraine & rdquo;, Article. 15-3 Law of Ukraine «About the state regulation of production and circulation of ethyl alcohol, cognac and fruit, alcoholic beverages and tobacco products», Article. 24 Law of Ukraine «On ensuring the sanitary and epidemiological well-being of the population» with changes and additions, Law of Ukraine „On the principles of state regulatory policy in the field of economic activity & rdquo;, Article. 178 Code of Ukraine on Administrative Offenses, paragraph 10 Rules of retail trade in alcoholic beverages, approved by the resolution of the Cabinet of Ministers of Ukraine from 30 July 1996 , the number 854 with changes and additions, and based on the above

we ask you to ensure the restoration of violated rights and protect our legitimate interests by establishing in accordance with the law the mode of operation of the deli «Alexandrovsky», located at Kyiv, street Klavdiyivska,      , who works around the clock and sells alcohol around the clock, low-alcohol beverages, beer – place of trade activity of a natural person-entrepreneur Tetyana Dmytrivna Kimlyk, – with 08:00 to 22:00, that will create conditions for safe movement of citizens in the evening and at night in our neighborhood; reduce the consumption of alcoholic and low-alcohol beverages by young people after 22.00, regulates the sale of beer, alcoholic and low-alcoholic beverages on the territory of Novobilech after 22.00, eliminates complaints of silence at night and reduce crime at night in our neighborhood.

Please consider our well-founded collective complaint as soon as possible and provide a written response on the results of the inspection and the essence of your decision..

Mailing address: m. Kyiv, Klavdiivska Street, was.      , kv.61

                                         Person 61

The collective complaint was signed:   78 signatures

 

 

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1.Appeal 2.Answer  3. Analysis 4. Conclusions

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