In the framework of this article, it is marked that the residence inviolability respect is not necessarily conditioned by the property right (or another authentic right) toward the building chosen to be the residence. As well, there are analyzed the assumptions about the subsistence of the residence violation offence and the defalcation throughout house penetration. At the same point, it is argued that the application of lett.a) par.(3) art.179 PC RM expels further qualification either for the abuse of power offence, or for the work abuse offence. There are distinguished several reasons to top the idea that residence violation offence – committed by a state administration worker, well excelling his rights and duties prescribed by law, and if the respective offence forced important damages beyond public concerns or toward physical and legal entities concerns – the offences are to be qualified upon art.179 (excepting lett.a) par.(3)) and art.328 PC RM.