Fine for smoking in a public place. Fine for smoking in the wrong place

Smoking is a very bad habit that leads to addiction and health problems. The government of the Russian Federation is stubbornly fighting nicotine lovers, and that is why laws were passed to ban smoking in public places. Many have heard about them, but few know all the amendments and fines. In this article, we will analyze in more detail the laws relating to smokers, as well as the amount of monetary penalties from violators.

About the bill

On February 23, 2013, a law on the prohibition of smoking in the Russian Federation was adopted. It has the official name No. 15-FZ. It deals with protecting health and the environment from exposure to tobacco smoke. It is worth noting that some paragraphs of the bill came into force only a year after its direct adoption. For example, amendments to increase taxes on tobacco products, as well as minimum and maximum prices for cigarettes, came into force only in January 2014.

In July 2014, the law banning smoking in public places of the Russian Federation was improved. Amendments were adopted that relate to the illicit trade in tobacco products. However, they will come into force only next year, 2017.

Objectives of the bill

According to the statistics of the Ministry of Health, about half a million citizens of the Russian Federation die every year from cancer and many other serious lung diseases. Many health problems are caused by passive or active smoking. This figure is shocking. It was as a consequence of the rising trend in the number of smokers that the government passed a bill to ban smoking in public places. In their opinion, it should become an impetus for reducing the number of smokers, as well as promoting a healthy lifestyle among the younger generation.

The goals of the bill are, as we said earlier, to reduce the number of smokers, eliminate illegal points of sale of tobacco products, as well as improve the general state of the environment and protect the life of non-smokers. Despite the goals set, experts believe that the first results of the work of the law can be seen only after at least five years.

Where exactly is it forbidden to smoke?

The Smokefree Public Places Act includes a list of areas where tobacco use is prohibited. Failure to comply with the law entails considerable monetary penalties for its violation. Since June 2013 on the territory of the Russian Federation it is forbidden to smoke closer than 15 meters from all types of stations, sea, river and air ports, subways. All other territorial categories are subject to a lesser restriction, which we will talk about now.

Sanatoriums, hospitals, public transport, apartment buildings, beaches, playgrounds, educational or cultural institutions are places where there is a ban on smoking in public places (law). 5 meters from the premises is the distance at which this rule applies. The violator will be required to pay a fine.

Smoking in an apartment building

Quite often, smokers have the erroneous opinion that it is allowed to smoke in the entrances, since this is private property. However, this is not the case. The entrance is a state property, which is considered a public place. We believe that everyone knows that there are exceptions to any decree. The law on smoking in public places of the Russian Federation also has them. Smoking in an apartment building is allowed if it has a separate closed room with good ventilation and it is allowed to use it as a smoking room.

Who enforces these rules?

To this day, in public places of the Russian Federation, it is being improved and supplemented. Despite the fact that it has been in existence for the third year, not everyone knows who exactly should monitor compliance with the standards specified in it.

The government has not yet created a separate organization that will fine illegal smokers, but it has long been thought about it. While a new structure that will monitor the implementation of the law has not been created, smokers are monitored by the police. Deputy of the State Duma Oleg Nilov believes that citizens themselves should first of all monitor the implementation of the law. He advises the Russians to contact the police immediately when they see someone smoking. Nilov also recommends recording non-compliance with the standards on camera. At the moment, out of a hundred percent of violators, only fifteen are punished.

Nilov believes that if more Russian citizens reacted to such violations, the law would be more effective.

The amount of monetary penalties

Three years ago, a law on smoking in public places was passed. Fines were developed only a year later. Oleg Nilov believes that the main thing is not the amount of the monetary penalty, but the irreversibility of the payment. Let's take a closer look at what penalties await violators. For smoking on the playground or near it, you will have to pay from two to three thousand rubles. The same amount is relevant for other territories in respect of which this ban applies.

Like alcohol, cigarettes are forbidden to be bought and consumed by persons who have not reached the age of majority. A teenager who does not comply with the requirements of the regulatory act will be punished with a fine of three to five thousand rubles. The seller is also subject to financial penalties. The amount will be from 30 to 50 thousand rubles.

Few people know, but laws banning smoking in public places provide for penalties for those who introduce a teenager to a bad habit. The amount of such a penalty usually ranges from one to two thousand rubles. If a citizen demonstrates an audio or video with a mention of tobacco products to a teenager, then he is obliged to pay a fine, which will amount to 20-200 thousand rubles.

According to the government, a step towards a modern society is a law banning smoking in public places. Fines should teach smokers to value the health of not only their own, but also those around them. Public institutions are also under strict control. If the organization does not fully comply with the recommendations regarding the arrangement, then a fine in the amount of 20 to 80 thousand rubles is imposed on it. The local police officer is obliged to monitor compliance with the norms and, in case of any violation, immediately take action.

Opinion of Assistant Prime Minister

Assistant to the Prime Minister of the Russian Federation supported the ban on smoking in public places. Russia, in his opinion, is becoming a truly civilized country in which they value their health. Onishchenko emphasizes that smoking takes the lives of millions. Laws to ban smoking in public places, in his opinion, are the best option in the fight against evil. He believes that this is a slow poison, and it must be fought uncompromisingly.

Smoking laws in public places abroad

If Russia is just taking the first steps towards a healthy lifestyle without smoking, then in many other countries the struggle has been going on for more than a decade. For example, in America and Great Britain for the use of tobacco products in the wrong places, the offender will be required to pay a fine ranging from one to two thousand dollars.

Smoking laws are especially closely monitored in Greece and Japan. There, the fine to the violator can be from three thousand dollars. Surprisingly, in Japan there is a list of streets where smoking is completely prohibited.

Cigarettes from under the counter

Violation of the bill, which will now be discussed, is the most common. Few people know, but Law No. 15-FZ prohibits retail outlets from displaying tobacco products on display. The government recommends that cigarettes be kept under the counter and that only the price tag be shown to the general public. It should not contain images, only the title and price.

Three years later

In 2013, smoke-free laws were passed in public places, but have they delivered the social benefits that the government and non-smokers expected? As we said earlier, statistics can only be found out in five years, but nevertheless, there are still some changes. Let's talk about them.

Experts believe that it is too early to draw conclusions, but it is worth noting that there are fewer people smoking. The percentage of teenagers who smoke has dropped significantly. If earlier they could drag on around the corner of the school, now the district policeman is carefully monitoring this.

Inaccuracy in the bill

Timur Bondarev, an experienced lawyer, believes that the draft law is not quite correct. As we remember, the normative act prohibits smoking in the premises of restaurants and cafes. However, the interpretation of the premises itself is not presented. Therefore, the violation can be easily challenged. In his opinion, the law needs to be finalized so as not to face disagreements in the future.

Opinion of citizens of the Russian Federation

Having studied all the reviews, we can conclude that opinions about the adopted law were divided. Most often, non-smokers support the innovation, but smokers react differently. Most often they are against such a ban.

Drawing conclusions

Law No. 15-FZ came into force not so long ago, only three years ago. It is too early to draw global conclusions, but it is worth recognizing that there are still improvements. Stopped not only the propaganda of tobacco products on television, but also their open sale. This has led to a decrease in the number of smokers, including teenagers. Let's hope that this is just the beginning, and the law will benefit society, including the younger generation.

We all know that smoking is harmful to health. It is especially scary that teenagers start smoking at an early age, when the child's body begins to form. And this can affect the physical and mental development of children.

Understanding the harm and threat to humanity such a habit brings, the government of the Russian Federation adopted a new law. The decree gives the right to punish those who allow themselves to inhale in public places. After all, such people harm not only their health, but also all the people around them.

Smoke Free Public Places Act 2018

Based on Federal Law No. 15, there are public places where smoking is strictly prohibited. Let's list the main public places:

• sports, educational, cultural institutions;
• medical institutions and sanatoriums;
• all types of transport;
• airport, railway stations, ports, stops, passenger platforms;
• hotels, residential buildings, including entrances and elevators;
• all trading establishments;
• catering places;
• government building;
• beaches, playgrounds, parks;
• filling stations.

It is also forbidden to drag out at the workplace if the management of the organization so desires. In other cases, it is permissible and punishable. To do this, ventilation systems must be in a specially designated place.

From January 1, 2018, certain provisions of the Federal Law on this issue will come into force.

How does it sound?

Under the new no-smoking rule, manufacturers of tobacco products must list the product's detailed ingredients and health warnings on packaging; persons under 18 years of age, the sale of cigarette products is strictly prohibited. Under the new law, the sale of cigarettes to children under the age of 18 is not only the seller's responsibility, but also the parents of teenagers.

In all programs, theatrical performances, cartoons for children, the demonstration of cigarettes and the process itself are prohibited. And, of course, according to the new decree, places where you can do this are limited.

What punishment can be expected?

If you violate the rule and the definitions established in it, you can get punished for this. The new principle toughened and increased the administrative penalty for smoking in public places.

The minimum fine for individuals is 500 rubles. If you break the rule and do it at the station, then everything can cost 1.5 thousand rubles. For keeping a cigarette in your hands on the playground, you can pay a fine, which will amount to 2-3 thousand rubles.

Legal entities and individual entrepreneurs receive much higher fines for breaking the law. If individual entrepreneurs forgot to put up a “no smoking” sign, they face a fine of 10,000 to 20,000 rubles. And legal entities for violation will receive a fine of 30 to 60 thousand rubles.

Approximately the same fines are imposed for rooms for such entertainment, where there is no proper insulation and good ventilation. For the sale of cigarette products to children, legal entities face a fine of up to 100 thousand rubles. Individual entrepreneurs for the sale of cigarettes to minors can receive a fine of up to 50 thousand rubles.

A fine of 80,000 to 150,000 rubles has been imposed for illegal sponsorship of tobacco products. Getting caught in the wrong places with cigarettes for many will be too expensive. That is why, before you drag on in a public place, you should be well acquainted with all the provisions of the new decree.

Smoking in Public Places Act 2018 fines

According to the new regulation, a fine is considered the main punishment for smoking in public places. For a Russian, a fine of 1,500 rubles is a rather tangible punishment. Until 2018, cafes and restaurants were not considered a restricted area.

You can download the decision

Such decrees and financial contributions are to prevent the promotion of smoking among the younger generation and, of course, to protect the health of all non-smokers. Since June 1, 2015, Russia has been developing a law banning smoking.

Does it apply to electronic cigarettes?

Having familiarized yourself with the Federal Law, you can understand that the ban has been introduced only on tobacco products from which tobacco smoke arises. After all, this smoke is contained in the atmosphere and is inhaled by the rest of the population. The smoking ordinance does not say anything about a ban on e-cigarettes.

When released, check out

On June 1, 2013, the “Anti-tobacco” law came into force, which prohibits indulging in cigarettes in public places, sponsoring and advertising tobacco, and involving children in this process. The ban was introduced gradually.

Since 2013, it has been forbidden to smoke in schools, universities, medical institutions, government buildings, elevators, and public transport. Since June 2014, a smoking ban has been introduced on long-distance trains, ships, cafes, restaurants, shopping facilities, train platforms.

Federal Smokefree Public Places Act of 2018

This law was adopted in 2013, in February. It entered into active operation on June 1, 2014. For several years now, he has been helping to maintain law and order in the country. You can download the decision

Addition read

Smoking in a public place is an offense for which police officers are increasingly issuing orders. The imposition of punishment is not accidental, because by their actions a person endangers other people. A fine for smoking in a public place is necessary to protect non-smokers from the harmful effects of tobacco smoke, because a dangerous addiction should not affect people without bad habits.

What is the fine for smoking in a public place?

An anti-smoking law on smoking in public places, which imposes a fine on the offender, was passed in 2014.

According to him, you can not smoke when you are near other people, at the doors of public institutions, at railway stations, near mass entertainment premises. Such requirements apply to trains, playgrounds, school grounds.

Entrepreneurs who failed to properly notify citizens are also punished: special signs and stickers are hung in the premises and at the entrances, meaning a ban. However, their absence does not become a reason to evade responsibility.

Most often, people are fined for smoking in places where it is forbidden to do so:

• at bus stops;
• on the beach;
• in the park;
• at the station
• at the entrance;
• in the vestibule of a suburban or long-distance train;
• in the toilet of a restaurant, cinema, cafe;
• at the entrance to a shop or restaurant.

Accordingly, smoking in any public place falls under the sanction. You can be held accountable by police patrolling the streets, station buildings, and other crowded places. The amount you have to pay will depend on the situation and circumstances of the incident.

An indicator that it is possible to smoke on the site is not other people who violate the law - the sanction can be applied to them. Or the police will only record your violation by compiling material - the possibility of smoking should be indicated by the appropriate inscriptions.

Where is smoking allowed?

Sanctions do not include all places to which other people do not have access, that is, they will not breathe smoke. You can smoke without fear:

• in your apartment, including the balcony. Although the smoke may go to the neighbors, you cannot be held liable;
• in special places - at railway stations, at airports designated areas for smoking. Signs inform about their presence, or you can turn to the transport police for help;
• away from people - even if you are standing at a public transport stop, but there are no other citizens nearby, no one forbids you to smoke. You can smoke in the park, forest, on the street, but only at a distance from other people.

The anti-tobacco law helps protect people without bad habits from exposure to toxic smoke. If you violate its requirements, a fine will be issued, the payment of which is carried out within 2 months, otherwise additional sanctions will be applied to you.

It is worth thinking not only about your own budget, but also about the comfort of other people before you start smoking.

No smoking law, which entered into force almost in full on June 1, 2014 (its last provisions will be introduced from 2017), has become discouraging for many. The smoke-free law prohibits smoking in so many places that the question naturally arises: “Is it possible to do this anywhere at all?”.

Federal Law 15 No Smoking

We are talking about the law FZ-15 "On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption" dated February 23, 2013, which was adopted by the deputies almost unanimously. And there are reasons for that.

According to available statistics, every year almost half a million Russians die due to cancer and other serious diseases that are caused by smoking or inhaling cigarette smoke - the so-called smoke ingestion. This is a huge and horrific figure, and the goal of passing such a law is one step in the fight against terrible statistics, along with measures such as promoting healthy lifestyles and educating young people in an “anti-smoking” spirit.

However, we are unlikely to be able to find out whether the law will fulfill the functions planned by the deputies in the near future: according to experts, Russia will be able to feel positive changes in the nation's recovery caused by anti-tobacco bans and related propaganda no earlier than in 5 years.

Federal Law 15 on the prohibition of smoking: where you can not smoke?

Reading FZ-15, one gets the impression that it is easier to name places where smoking is allowed than those where smoking is prohibited. But still, let's turn to the text of the law, to article 12. So, now it is not allowed to "smoke":

• Wherever there are young people - in educational and other institutions that deal with issues related to the younger generation.
• In institutions of sports, medical and sanatorium direction.
• In electric trains and passenger trains, on passenger ships and aircraft, on any type of public transport.
• Closer than 15 meters from any stations (railway and auto), airports, river and sea ports, metro stations, as well as inside these transport institutions and on passenger platforms.
• In housing, household, social, trade (including markets and tents), hotel establishments, catering establishments.
• In state institutions.
• At work (indoors).
• In the elevators of houses, as well as in any other common places in the house.
• Beaches and playgrounds.
• At gas stations.

As you can see, the list of prohibitions is quite impressive. To summarize, smoking is no longer allowed in or near any public places and institutions, including inside shopping and leisure centers and even in restaurants and cafes. Places and territories where smoking is prohibited are equipped with a special prohibition sign.

Is it forbidden to smoke in the entrances of residential buildings?

It really is. The entrance of a residential building is a place of public use, which means that the law on the prohibition of smoking applies to it. However, the law provides for a small indulgence for smokers: by the decision of the owners, smoking is allowed in a specially organized isolated room equipped with an appropriate ventilation system.

The law also allows smoking on long-distance passenger ships - in designated places for smokers, specially equipped and well ventilated. At the same time, these premises must meet all established sanitary and hygienic standards.

Anti-tobacco order for cafes and restaurants

A lot of bewilderment among smokers is caused by the ban that applies to public places such as restaurants and cafes: smoking here for many is an integral process that accompanies eating food and, in particular, certain types of drinks.

We are all used to the fact that at the entrance to a cafe we ​​are asked: “Do you want a smoking or non-smoking room?”. So now this question is inappropriate - there simply cannot be "smoking" halls after the release of Law 15-FZ. But don't they often meet us with this question even today on the threshold of a cafe or pizzeria?

Needless to say, the anti-tobacco law for public catering enterprises (and these include not only cafes and restaurants, but also beer bars, where people specially come to have a cup or two for a leisurely conversation and a cigarette) is extremely disadvantageous? No business owner wants to lose customers. So they come up with various loopholes, “fortunately” the law is not perfect. It also happens that it is more profitable to pay a fine than to lose profits.

So, for example, according to the Code of Administrative Offenses of the Russian Federation, a “guilty” enterprise can be fined under three different parts of Article 6.25, and the responsibility for each of them differs strikingly:

1. The first part of this article provides for a fine for failure to comply with the requirements of Law 15-FZ, sanctions on it amount to 10,000-20,000 rubles (officials), and 30,000-60,000 rubles (legal ones).
2. The second part of Article 6.25 applies beyond violation of the requirements for the organization of special smoking areas- both indoors and outdoors. In this case, the fine is already greater: it will amount to 20,000-30,000 rubles and 50,000-80,000 rubles, respectively.
3. And the third part of the same article of the Code of Administrative Offenses provides for sanctions for violation of legal norms in the field of health protection visitors to the establishment. Here we are already talking about such amounts: 30,000-40,000 rubles and 60,000-90,000 rubles.

According to which of these articles will inspectors be fined and will they be fined at all? Indeed, among them there are also lovers of smoking over a cup of coffee / beer in the nearest bar / cafe.

More about smoking fines

As for fines for individuals - you and me, ordinary citizens, their amounts are given in article 6.24 of the Code of Administrative Offenses: 500-1,500 rubles will be taken for smoking in the wrong place. The exception is smoking a cigarette on a playground, which is extremely harmful for kids, and this is logical - here a violating smoker will have to fork out 2,000-3,000 rubles.

Fines fines, but who and how will be fined? We have seen above that various penalties can be applied to enterprises for one violation. But there at least the fact of violation is obvious. And how to fine an ordinary person, because the fact of smoking must be recorded or proven?

It's one thing if a neighbor on the landing is constantly "smoking" - many neighbors can confirm this. And it’s another matter if a person who has once seen smokes nearby. In such a situation, at the time of smoking, a police officer should be nearby, otherwise the offender during the commission of the “crime” must be documented (on a photo or video camera) or witnesses must be found, and then contact the police or Rospotrebnadzor. But how many of us will do it? Most likely, we will limit ourselves to remarks, and we simply will not mess with boors.

Federal law on the ban on smoking: a little criticism

Despite the fact that the anti-tobacco law cannot but be welcomed, there is a lot of criticism in its direction. As we have seen, the violation of the law is not so easy to prove, and its shortcomings create many opportunities for various loopholes and workarounds. Some generally believe that it is not capable of fulfilling its humanitarian goals, but is just another opportunity to replenish the state budget. Be that as it may, it will be possible to judge the consistency of the FZ-15 law only in years.

Today in Russia there are a number of prohibitions aimed at promoting a healthy lifestyle. One of these includes a ban on smoking in crowded places, the violation of which can lead to the fact that a citizen with a cigarette will be required to pay a fine. In order not to fall under this penalty, you should know where you can not smoke, and what products are covered by this law.

The legislative framework

• Federal Law No. 15 adopted on February 23, 2013. The legislative document consists of 25 articles, which list a number of prohibitions related to the distribution, advertising of cigarettes and tobacco use, as well as other measures aimed at reducing the number of smoking citizens.
• Article 12 of the law on the prohibition of smoking provides a list of places where it is forbidden to be with a lit cigarette.
• Article 6.24 of the Code of Administrative Offenses of the Russian Federation provides for punishment for violation of the above law, and more precisely article 12. The violator will have to pay a fine if he is caught by a police officer or if he is filed by a person who has evidence of a violation of this law.

Where can you not smoke?

• On the territory of institutions that work in the field of education and culture, sports, including the territories of youth centers. That is, smoking on the territory of a school or university, stadium is prohibited.
• In institutions working in the field of healthcare, that is, hospitals and clinics, sanatoriums and their surrounding areas. Simply put, you can smoke after going outside the fence of the territory and moving away from it a few meters.
• In public transport - buses, planes and helicopters, river and water vessels. This ban applies not only to transport users, but also to personnel working on it - drivers, stewardesses, conductors.
• In places where passengers board and disembark - airports and railway stations, stations, ports, stops.
• In living quarters. Of course, this is not about your apartment or the apartment of your friends, but about the premises that are intended to be rented out. In particular, these include hostels, hotel rooms.
• On the territory of household and commercial facilities - in canteens, cafes, market premises and shops. But leaving the building of the same cafe, the visitor can safely smoke, of course, if there is no other place nearby that falls under the ban.

  In the case of cafes and restaurants, they must equip a special smoking area. By the way, it is important to know that today it is forbidden to divide the halls into "smokers" and "non-smokers".

• In the buildings of the municipality, district, city and regional authorities, offices of social services.
• At an indoor workplace. After leaving the building, the employee can smoke on the territory of the enterprise or outside it.
• Smoking is also prohibited in the entrances of multi-storey buildings. However, there is an exception to this rule.
• On playgrounds built for recreation of children. Violation of this paragraph is punished most severely.
• On the beaches.
• At gas stations.

And, of course, in those places where there is a sign prohibiting smoking.

Where can you smoke?

• Specially equipped, located separately, rooms for smokers with a special mark on the purpose of the room. Usually they are required to equip organizations for their employees, cafes for visitors, and so on.
• In the apartment, if it is your property.
• In your car. True, if you work on it as a taxi driver, then during the transportation of passengers you should resist the desire to smoke.
• The entrance of a multi-storey building, provided that it has a specially designated place for this with good ventilation.
• Transport hubs with the condition that the smoker has moved away from the entrance to the station or airport, port or station by at least 15 meters.
• On long-distance ships, but only in specially designated areas.
• At the workplace, but only if the employer has equipped a separate “smoking room” for this. Alternatively, the employee may also go outside to meet their needs.

Smoking outside is also allowed, but it's best to do so with caution. Any place where there is a large crowd of people can be taken by the police for a public place, and you can be issued a fine, especially if a sign prohibiting smoking in this place is found somewhere nearby.

Hookah and electronic cigarettes

Smoking hookah with tobacco mixtures is prohibited in public places and cafes, restaurants. The latter should equip special smoking rooms for fans of hookah with tobacco mixtures.

But still, lovers of hookah and electronic cigarettes should follow the news, since for several years now there has been talk about the possibility of restricting smoking areas for them.

What are the fines for smoking in the wrong place?

• Smoking in any place we have listed above, excluding playgrounds, will cost from 500 to 1,500 rubles.
• If a smoker is caught with a cigarette on a playground, then you will have to pay from 2,000 to 3,000 rubles.