Law on smoking. Anti-smoking law to ban smoking in public places

Two years ago, as many of you may remember, a Russian parliamentarian passed Federal Law No. 15. But, what is most entertaining in all this is that this law will finally come into force only on January 1, 2018. This article is intended for those citizens of the Russian Federation who want to know where it is forbidden to smoke in 2018, and what the law on smoking is in general today.

Smoking in public places article of the Code of Administrative Offenses of the Russian Federation

According to Article 12 of Federal Law No. 15-FZ, smoking is prohibited in places such as:

In educational, cultural, youth and sports institutions;
In hospitals, hospitals and other medical institutions;
In sanatoriums;
In public transport, not excluding water and air transport. The staff has the right to smoke;
At railway stations, airports, river and sea ports, metro stations, bus stops, and so on;
In hotels and residential premises;
In domestic and commercial facilities, as well as in the premises of markets and NTOs;
In cafes and restaurants (if there are no specially equipped smoking areas);
In the premises of social services;
In the premises of state authorities and local municipalities;
At work;
In elevators and entrances of houses;
On playgrounds;
On public beaches;
On passenger platforms;
At petrol stations.

Where can you smoke in 2018

After reviewing the above list of places where you can not smoke, many smokers will naturally get worried, they say, where, in this case, will it be possible to smoke this year? And it is not in vain that smokers are worried, since there really are not many such places for smoking. So let's see where it will still be possible to smoke in 2017 on the territory of the Russian Federation:

On the street;
In specialized isolated smoking rooms;
In your own car, in an apartment, in the entrances of apartment buildings that are equipped with ventilation systems;
at transport hubs. You can smoke only on the street, no closer than 15 meters to the entrance to the station, airport, and so on;
At work.

Many can enter into a stupor the last point, they say, smoking in the workplace. This is indeed allowed, but only if the owner himself gave his consent directly. Plus, you need to equip a special place for smoking. As for everything else, it is necessary to organize specially equipped open areas for smoking, or closed rooms in which a ventilation system is installed.

Law on protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption since 2018

Above, we have already mentioned the provisions of Federal Law No. 15-FZ, which will enter into final force starting January 1, 2018. So. What is it about:

Accounting for tobacco products produced, sold and imported into the country will be introduced;
Control will be introduced on the circulation of equipment for industrial purposes, which is intended for the manufacture of tobacco products;
Control over the distribution and movement of tobacco products in the country will be introduced;
Control will be introduced on the issue of the authenticity of the means of labeling tobacco products. We are talking about excise and special stamps.

Analyzing all of the above, we can come to the conclusion that in reality this law is already working and has reached the final stage. But in reality it will be possible to put an end to it only from the beginning of next year.

For several years, a certain fine has been provided for smoking in public places, and it is in full swing on the territory of the Russian Federation. In 2018, no one will cancel this law, so if you are a smoker, be extremely careful, as if you light a cigarette in the wrong place, you may suffer financially.

What is the fine for smoking in public places in 2018

As in the past year, in 2018, representatives of the law have the right to fine citizens who smoke in unauthorized places in the amount of 500 to 1,500 rubles. And if a smoker smokes in close proximity to children or teenagers, this fine can increase significantly.

pays particular attention to:

citizens smoking in playgrounds;
on citizens who smoke at children's institutions;
citizens who distribute tobacco products among children and adolescents;
citizens who encourage children and adolescents to smoke.

Given the above points, the fine can indeed increase significantly. An organization that distributes tobacco products can be fined 150,000 rubles.

Each organization should have designated smoking areas. Otherwise, it may be fined 10,000 rubles, and a legal entity - up to 20,000 rubles.

Where to smoke without fear of a fine

So, as we can see, there are not as many places where you can smoke in 2018 as smokers would like. So, if you are afraid of a fine, it is better to choose places where you can smoke freely without fear of anything. But what are these places where a citizen of the Russian Federation can be with a cigarette:

places specially equipped for smoking;
park areas;
streets.

But do not forget about the prohibition signs, near which, of course, you cannot smoke. Any "smoking room" should be limited, and identification differences should also be present. Otherwise, you will inevitably face a fine.

Also, you should remember that you can not smoke at educational and sports institutions, in public transport, in elevators and so on. In addition to everything else, starting from June 1, 2014, smoking is also prohibited in communal apartments, in public transport waiting rooms, as well as in hotels.

Smoking electronic cigarettes in public places 2018

As we wrote above, in 2013 an anti-tobacco law was adopted that applies to all tobacco products. But does this law apply to e-cigarettes, which are gaining wild popularity across the country and beyond? You must understand that electronics, although it contains nicotine, is not a tobacco product.

Tellingly, the anti-tobacco law does not mention electronic cigarettes at all, plus, as the technical regulations state, such products are not classified as a tobacco product, which is understandable, because there is not even a hint of tobacco leaves in the e-cigarette.

The Ministry of Health of the Russian Federation has clearly indicated that an electronic cigarette is not a tobacco product. With regard to the question of the sale of these products, it is prohibited by law to sell products that are similar to cigarettes, for example, in shape, size, color.

From all of the above, we can come to the following conclusion: citizens of the Russian Federation can freely vape electronic cigarettes, since this is not prohibited by law! It will be the same in 2018.

The anti-tobacco law also affected such countries as Moldova, Belarus, Ukraine and Kazakhstan. But in these countries, you can use e-mail anywhere.

Another point is that in any case, many do not like it when they use an electronic cigarette nearby, and therefore we recommend not to vape in public places. It's just not nice to the people around you. Always stay human!

Questions and answers

What is the fine for smoking in the entrance of a residential building in 2018?

Quite a common occurrence is smoking on the landing. Indeed, the entrance is a favorite place for smokers, especially when it's cool outside. Neighbors often go to the landing for a smoke break so that the apartment does not smell of tobacco smoke, forgetting that smoke through the cracks penetrates into the apartments of neighbors who do not smoke, and so on, thereby ruining their health. If you notice that someone is smoking in the entrance, you can safely call the police. The fine for smoking at the entrance in 2018 is 1,500 rubles. In theory, the police should fine the smoker for this amount. But, as a rule, it costs less, but without a protocol.

But even in this situation, the smoker will no longer want to just lay out a couple of hundred rubles from his pocket, which means that there should be fewer cigarette bulls in the entrance, so this is really a plus of the anti-tobacco law.

How do penalties work in practice?

In fact, the law against smoking in public places works. To date, many citizens have been punished who allowed themselves to smoke on the territory of medical institutions, educational institutions, at bus stops, and so on. Police officers pay special attention to playgrounds, where smoking is especially prohibited, but violators still smoke there. In this case, there have already been cases when smokers were fined from 2 to 3 thousand rubles. Naturally, it does not do without fines in the minimum amount, namely, 500 rubles.

An organization that sells tobacco products will be fined 150,000 rubles if the sale of cigarettes to persons under the age of majority is recorded.
In the past, advertising for tobacco products was a common occurrence. Now it is also available, but the advertiser can really pay for it. To be more precise, for advertising the same cigarettes, the fine is over 600,000 rubles.

Current federal legislation prohibits smoking in almost all public places, and even in your own apartments you can smoke only on the condition that the smoke does not harm the health of others. The list of places where smoking is prohibited, and the liability of the violator are described below.

Health issues, health savings in connection with the harmful effects of tobacco smoke are regulated by federal law No. 15.

It defines smoking as the use of tobacco and tobacco-based products to generate smoke from the smoldering of these products. Thus, we are only talking about "hot" smoking, and not about inhaling tobacco or using electronic cigarettes, etc.

Federal Law No. 15 on the prohibition of smoking in public places clearly defines 13 different places where the process of smoking is prohibited - these are:

Territories of schools and other educational organizations of any form of ownership.
Territories of hospitals and other health care institutions.
Long-distance trains and watercraft.
Airplanes, public transport (municipal and commercial), including metro, electric trains, international / intercity buses, etc.
Hotels, hotels and other premises where temporary accommodation of residents is carried out.
Any shops, canteens, restaurants and cafes, markets, including mobile (mobile) shopping facilities.
Any kind of social services.
Any government agencies, local authorities.
Any office buildings, workshops and other working premises.
Elevators, stairwells, etc.
Playgrounds for children, beaches (within the established boundaries).
Platforms for passengers, aprons and other areas where boarding is carried out.
Gas stations of any type.

This list is not exhaustive, since the same article stipulates that the authorities (as well as municipal authorities) may impose additional restrictions. In general, citizens can consume cigarettes and other tobacco products in all other places, as well as in places that are marked with special signs, including on the territory of correctional institutions.

Where is it legal to smoke?

There are very few actually allowed smoking areas left. Citizens can still use cigarettes, pipes, hookahs at home, including on a balcony, loggia, terrace, etc. (if they are also private property). However, you can not smoke in the entrance, including next to the porch, as well as on the stairwell, in other public places.

As for the street, smoking is allowed everywhere except for areas that are in close proximity to the places listed above (train stations, airports, hospitals, schools, etc.). The minimum distance from the entrances to these establishments, as well as from their borders (playground, hospital) should be 15 meters or more.

You can smoke at work, but only in places that are specifically designed for this. We are talking about the so-called "smoking rooms" - small rooms, at the entrance to which there are appropriate signs.

Despite the fact that smoking at home, including on the balcony, does not formally contradict the requirements of the law, there are examples of judicial practice when the complaints of neighbors suffering from chronic diseases are satisfied. Therefore, it is better not to abuse your right and smoke so that the smoke does not go directly to neighboring apartments.

case from judicial practice

Is it forbidden to smoke electronic cigarettes (vapes)

Similar prohibition measures are expected to be introduced with respect to smoking:

electronic cigarettes;
electronic hookahs;
evaporation mixtures.

At the moment, this bill has been submitted for consideration by the State Duma of the Russian Federation, but so far it has not yet been approved.

However, a de facto ban on the use of vapes has been adopted in many public places - public transport, cafes, etc. Judging by the text of the bill, the forbidden places will be exactly the same - 13 points indicated above. And although these measures have not yet formally entered into force, the use of electronic cigarettes and other imitation devices is possible only on the street and in other places not prohibited by law.

How is a non-smoking area designated?

Also at the federal level, the issue of the method of designating territories and premises in which smoking is prohibited is also regulated (from the specified list or from additional lists established by local authorities). The definition occurs with the help of a special sign, which can be performed in black and white or color. The description of the sign and its image can be found in the Order of the Ministry of Health No. 14N dated May 12, 2014.

The same document states that the sign can be additionally accompanied by an appropriate inscription - for example, "Do not smoke", although this is not necessary. The image must be placed at the entrance to any area where cigarette smoking is prohibited. Also, at the request of the owner, additional signs can be placed in other places, for example:

on the doors of the hotel room;
in the banquet hall, at the bar counter;
in the offices of public organizations;
in vestibules and salons, etc.

Expert opinion

Sobolev Dmitry

Lawyer for administrative offenses, site expert

It is important to understand that the absence of a sign does not mean that a person can start smoking, because he "did not know" that this process is prohibited, for example, on a bus. In this case, he will be subject to liability measures on a general basis. However, a citizen can contact the regulatory authorities (for example, Rospotrebnadzor) to point out this violation. Then the department should also fine the owner of the premises (individual entrepreneur or legal entity).

Responsibility and penalties for violation: legislative framework

For violation of the federal law on the prohibition of smoking in public places, as well as other norms adopted by federal, regional and municipal authorities, liability is provided for:

disciplinary;
civil;
administrative.

The main measures taken against violators are verbal remarks, reprimands from the employer, as well as monetary fines. Their size depends on the status of the person (private citizen, individual entrepreneur or legal entity), as well as on the place where the violation was recorded:

The individual pays from 500 r to 1500 r in general.
If the fact of smoking is found on the playground (regardless of the time of day) - from 2000 r to 3000 r.

If the norms of the law are not controlled on the territory of the company (legal entity or individual entrepreneur), this also entails a fine. By non-compliance, the law means:

lack of special smoking areas, corresponding designations;
lack of equipment for ventilation and smoke extraction from such premises;
non-compliance with the requirements for a sign that indicates a ban on smoking.

In these cases, the fines are as follows:

In case of violation of the requirements for the sign

In case of violation of the requirements for the allocation of special zones and their equipment.

In case of violation of obligations to control the norms of legislation on the prohibition of smoking.

Federal Law-15 "On the prohibition of smoking" (as amended in 2015) was adopted in accordance with the WHO Framework Convention. The normative act regulates relations in the field of protecting people's health from the negative effects of smoke and the consequences of the consumption of products containing nicotine. Let us further consider in detail FZ-15 "On the prohibition of smoking" with comments.

Key directions

To prevent the occurrence of pathologies associated with the influence of smoke and the consumption of products containing nicotine and tar, federal law 15-FZ "On the prohibition of smoking" provides for a certain set of preventive measures. These include:

Development of a tax and pricing policy aimed at reducing the demand for relevant products.
Determination of territories, objects and premises in which the consumption of products containing tar and nicotine is not allowed.
Regulation of the composition of products and its disclosure, establishment of requirements for labeling and packaging.
Informing citizens about the negative impact of products containing nicotine and tar, as well as the harmful effects of smoke.
Establishment of bans on promotion and advertising of tobacco products.
Provision of medical assistance to the population aimed at stopping the consumption of products containing nicotine and tar, treatment of addiction and consequences.
Stop the illegal sale of tobacco products.
Restriction of trade in products containing tar and nicotine.
Establishing bans on the sale of products to minors, their consumption of tobacco and their involvement in the smoking process.

Categories of objects

"On the prohibition of smoking" establishes a list of territories and areas within which the consumption of products containing tar and nicotine is not allowed. The list includes:

Territories and premises used for the provision of educational services, institutions of culture and youth, sports and physical education.
Train carriages and long-distance / navigation vessels in the process of transporting passengers.
Premises and territories intended for the provision of rehabilitation, medical and sanatorium services.
Aircraft, public transport of any kind of suburban and urban communication, including ships.
Premises intended for the provision of hotel, housing services used for temporary residence / accommodation.
Territories where trade, public catering services are provided, consumer services are provided, and markets operate.
Social services premises.
Work areas organized in facilities/buildings.
Elevators and common areas in apartment buildings.
Playgrounds and areas occupied by beaches.
Passenger platforms designed for embarkation/disembarkation of citizens during transportation on suburban routes.
Gas stations.

In areas located in the open air, the Federal Law-15 "On the prohibition of smoking" also applies. 15 meters - the distance at which a citizen who consumes products containing nicotine and tar must be located from the entrances to the premises:

Exceptions

They are established in Part 2 of Art. 12 FZ-15 "On the prohibition of smoking". The provisions of the article allow the consumption of products containing tar and nicotine in specially designated areas. Their organization is carried out in accordance with the decision of the owner of the property or a person authorized by him. Part 2 Art. 12 FZ-15 "On the prohibition of smoking" provides for a number of requirements, in accordance with which specially designated areas should be equipped. The norm, in particular, determines that it is mandatory to install ventilation equipment on long-distance ships, as well as in isolated rooms in apartment buildings. General requirements for equipping special outdoor areas are determined by the executive federal body that implements the functions of implementing state policy and regulatory control in the field of urban planning, architecture and housing and communal services, together with healthcare structures. They must ensure compliance with hygienic standards for the concentration in the air of compounds released during the consumption of products containing tar and nicotine. One of the mandatory requirements for designating areas within which the consumption of products containing tar and nicotine is not allowed under Federal Law-15 "On the prohibition of smoking" is a sign. The requirements for its content, as well as the installation procedure, are determined by the executive body authorized by the government. Regional state authorities have the right to establish additional restrictions on certain territories or premises.

Demand reduction measures

Federal Law-15 "On the ban on smoking" (as amended) also does not allow advertising of products containing nicotine and tar. To implement this task, it is not allowed:

Sponsorship

Federal Law No. 15 "On the prohibition of smoking" establishes a number of requirements for companies broadcasting audiovisual works that demonstrate products and the process of its consumption. If a television, video film, film, television, video chronicle program contains relevant frames, the organizer of the screening must ensure that messages about the dangers of using products are broadcast before or during it. The law "On the prohibition of smoking" 15-FZ allows the demonstration of products and the process of their use while informing citizens about the resulting harm to health and the negative impact on the state of the environment.

Prevention of illegal sale

Federal Law-15 "On the prohibition of smoking" (2015) provides for a number of measures aimed at preventing illegal trade in relevant products. These include:

Ensuring that records are kept of the production of products, their movement across the border of the Customs Union within the EAEU or across the state border of Russia, their retail and wholesale sales.
Tracking equipment used in production, movement and distribution of products.
Suppression of cases of illegal sale of products, bringing the perpetrators to justice, confiscation of illegally moved, counterfeit items across the border of the Customs Union or the state border of Russia, their destruction in accordance with the requirements of the law.

These measures are carried out on the basis of information from tax and customs records, labeling schemes with excise or special stamps, and manufacturers' own information bases. The federal body that performs the compilation and analysis of data, as well as the procedure in accordance with which information is exchanged between supervisory authorities, is determined by the government. To prevent the illegal sale of products, each package and pack is subject to labeling in accordance with the provisions of regulatory enactments on technical regulation.

Sale organization

In accordance with the Federal Law-15 "On the prohibition of smoking", the sale of products is allowed in the premises equipped with auxiliary, commercial, administrative, household, warehouse structures. In the absence of pavilions and shops on the territory of the settlement, sale is allowed in other objects or by the delivery method. Federal Law-15 "On the prohibition of smoking" does not allow the sale of products at exhibitions, fairs, remote, delivery methods, using automatic machines or in other ways.

Display of goods

Fz-15 "On the ban on smoking" does not allow retail trade with a demonstration of products on the counter. Information about sold products is communicated to consumers by placing their list. The text of the list is made in letters of the same size, in black on a white background. The list is compiled in alphabetical order. The cost is listed next to each item. The list should not contain any drawings and images. FZ-15 "On the prohibition of smoking" allows the demonstration of products to the consumer after familiarization with the specified list.

Additionally

Federal Law-15 "On the prohibition of tobacco smoking" does not allow the retail sale of cigarettes that are present in a pack of less than 20 pieces, cigarettes and other products by the piece, products that do not have consumer packaging, as well as packaged in one container with other goods that do not contain nicotine and tar.

Restrictions for implementers

According to the Federal Law-15 "On the prohibition of smoking", not only the consumption of products containing tar and nicotine, but also their sale is not allowed in public places. In particular, we are talking about objects of mass congestion of citizens. These include premises and territories used for the provision of educational, cultural and leisure services, institutions for youth, sports, sanatorium, rehabilitation, medical centers and complexes, public transport for suburban and intracity communications, including ships, facilities occupied local and state authorities. In the buildings of railway and bus stations, in airport, river and sea ports used to provide passenger transportation services, at facilities intended for the provision of hotel or housing services, temporary accommodation or residence, consumer services, it is also not allowed to sell products in accordance with the Federal Law -15 "On the prohibition of smoking".

Comments

The normative act under consideration establishes fairly strict rules aimed at limiting the distribution of products containing nicotine and tar. In particular, great attention is paid to measures preventing the consumption of products by minors. Administrative, civil and disciplinary liability is provided for entities that violate the provisions of Federal Law-15 "On the ban on smoking." Fines and other penalties are charged in accordance with the Code of Administrative Offenses and other codes. The regulation also prohibits the sale of products containing tar and nicotine closer than 100m in a straight line from the nearest point located on the border with the territory within which educational services are provided. When calculating the distance, natural and artificial obstacles are not taken into account.

Monitoring

Evaluation of the effectiveness of measures aimed at preventing exposure to smoke and reducing the consumption of products containing tar and nicotine includes:

Performing scientific research. They are aimed at studying the reasons for the consumption of products that are restricted in circulation, as well as the consequences that arise, and assessing actions that stimulate the sale and use.
Determination of indicators of the state of health of the population, the dynamics of reducing the number of smoking citizens. They are used in the subsequent development and implementation of measures aimed at counteracting the spread of products.
Implementation of sanitary and epidemiological studies of the existing scales of consumption.

Determines that the evaluation of the effectiveness and monitoring of measures aimed at preventing the negative impact of smoke and reducing the volume of consumption of products containing tar and nicotine is carried out by the executive body that implements the functions of developing and implementing state policy and regulatory regulation of relations in the field of healthcare, executive supervisory structures working in the areas of ensuring the sanitary and epidemiological well-being of citizens, protecting consumer rights, and statistical accounting. The order of their activities in the framework of the execution of instructions is established by the government. Subjects of the Russian Federation participate in monitoring and evaluating the effectiveness of the implementation of measures provided for by regulatory acts in accordance with regional legislation, as well as on the basis of agreements with the executive federal body that develops and implements these measures, as well as provides legal regulation in the healthcare sector.

Use of assessment and monitoring results

Based on the indicators obtained in the analysis of the effectiveness of the implementation of the envisaged measures aimed at preventing the negative effects of smoke and reducing the consumption of products containing tar and nicotine, the executive federal body that performs the functions of developing and implementing state policy and implementing regulatory control in the field of healthcare conducts:

Informing the authorized authorities of the regions, municipalities and citizens about the extent of the use of products restricted in circulation, as well as ongoing or planned measures aimed at reducing it.
Development of measures aimed at combating the distribution and illegal sale of products. They are subject to inclusion in targeted programs for the protection and promotion of health, as well as in the state strategy for the development of the healthcare system.
Preparation and submission of a report on the implementation by the Russian Federation of the provisions of the WHO Framework Convention on Tobacco Control.

Key principles for ensuring the protection of the population

Protecting the health of citizens from the negative effects of smoke and the consequences of tobacco use is based on:

Powers of state bodies

As part of the implementation of the provisions of Federal Law-15, federal structures provide:

Implementation of a unified state policy in the field of protecting public health from the negative effects of smoke and the consequences of the use of products containing nicotine and tar.
Protection of the rights of a citizen and a person in the field of ensuring sanitary and epidemiological well-being.
Provision of medical assistance to the population aimed at stopping the use of tobacco products, treatment of addiction and the consequences of consumption of products, in healthcare facilities in accordance with applicable regulations.
Development and implementation of measures to protect the health of citizens, their inclusion in targeted programs and the state strategy for the development of the healthcare system.
Coordination of the work of the executive bodies of state power, structures of regional administration in the field of protecting the population from the negative effects of smoke and the consequences of using tobacco products.
Organization and implementation of state control in the field of ensuring the protection of the health of citizens.
International cooperation of the Russian Federation, including the conclusion of agreements and contracts with the relevant structures of foreign countries in the field of protecting the population from the negative effects of smoke and the consumption of tobacco products.

The powers of government agencies also include performance evaluation and monitoring of the implementation of all measures aimed at reducing the volume of production and distribution of products containing tar and nicotine. The procedure for performing duties, the limits of competence of these structures are determined by government decrees. It also monitors the activities of authorized structures in the field of ensuring the protection of public health from the effects of tobacco.

From June 1, 2013 It entered into force Federal Law of the Russian Federation of February 23, 2013 No. 15-FZ “On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption”(hereinafter - the Law), prohibiting smoking in public places, sponsorship and advertising of tobacco, as well as involving children in tobacco use. Due to the fact that since May 11, 2008 the Russian Federation has been a party to the World Health Organization Framework Convention on Tobacco Control, the adoption of the new law is the fulfillment of obligations to combat smoking and reduce mortality due to tobacco use at the international level. Naturally, the adoption of what is also called the “anti-tobacco” law caused a mixed opinion in society, because the new law affects many interests, from the most powerful tobacco lobby to the ordinary smoker.

Recall that in accordance with Law No. 15-FZ () already since June 1, 2013 it is forbidden to smokein schools, universities, hospitals, clinics, sanatoriums, buildings of public authorities, municipalities, premises of social services, elevators and entrances, airplanes, urban and suburban transport, inside and closer than 15 meters from the entrances to railway stations and airports, metro stations, at sports and cultural facilities, workplaces and work areas organized indoors, on playgrounds and beaches (Part 1, Article 12 of the Law).

FROM On June 1, 2014, the smoking ban will apply to long-distance trains, long-distance ships, hotels, cafes and restaurants, markets and other retail facilities, commuter train platforms (clauses 3, 5, 6, 12, part 1, article 12 of the Law).

What are the consequences for smokers if they break the law?

Article 6.24. Violation of the ban on tobacco smoking established by federal law in certain territories, premises and facilities (introduced by Federal Law No. 274-FZ dated October 21, 2013)

1. Violation of the prohibition of tobacco smoking established by federal law in certain territories, in premises and at objects, except for the cases provided for by Part 2 of this Article - shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand five hundred roubles.

2. Violation of the federal law prohibition of tobacco smoking in playgrounds - shall entail the imposition of an administrative fine on citizens in the amount of two thousand to three thousand roubles.

What can citizens do who are prevented by smokers in the stairwell from living comfortably in their apartment?

It is proposed to start an active civil campaign to promote the "anti-tobacco law" in the city of Reutov, for which you need to print "Smoking is prohibited in the entrances of apartment buildings"(below) and hang it in your entryway, in places where the smoker(s) gather for review. Of course, one should not expect an instant reaction from offenders, but, as they say, there is a violation - there is an article of the Law - there is a sanction in the Code of Administrative Offenses - there will be obedience or at least fear of being fined, and there it will not be far from 15 days (for systematic violation of the Law, or non-payment of a fine on time).

Not a small role in the popularization of this law among the mass of unconscious citizens "smokers in the entrances" is assigned to law enforcement agencies - the Police and the district police commissioner. Therefore, the more often citizens turn to them and write statements, the less chance they will have to “hush up” these offenses (which is also punishable). About 15,000 smokers have already been fined in Moscow in the first quarter of 2014 (see the article below in the comments). In the past 2016, 12,590 violators of the “anti-tobacco” law were fined 121 million rubles in the Russian Federation. And since the law came into force (since 2013), 52,000 violators have been brought to justice.The best proof of this is Rospotrebnadzor statistics.

Advice: where to go if a smoker intentionally continues to break the Law?

For those who torment their neighbors in the landing with their addiction to smoking, there are several legal ways to influence them.

The first thing to do is to warn the smoker that the new law prohibits smoking in the area. You can even show an excerpt from the text of the Law itself.
Place with an indication of the norm of the Law prohibiting smoking on the landing.
If this does not help, then feel free to call the district police officer or the police, then write a corresponding statement to the police officer. If a police officer refuses to take appropriate action, you can file a complaint with the prosecutor's office.
If you have already applied to the Police on this issue, and for some reason they did not come to the call (advice: it is better to call 112 from your mobile phone, there all calls from citizens are under special control, for each there is a report to a higher police authority) , did not accept a statement about a committed offense, demanded any "irrefutable" evidence of an offense, and other tricks of the guardians of the law .... please report them to the prosecution authorities or below in the comments to this post. Qualified lawyers will help you find the right solution to the problem that has arisen, draw up a statement about the violation of your rights (inaction of the police).

Where can you smoke without the consequences of imposing fines on the smoker?

The principle of the rule of law states: a citizen is allowed everything, except for what is expressly prohibited by law. Therefore, smoking is allowed where it is not prohibited by law. So, in accordance with the norms of the Law, you can smoke only in specially designated places, in your own apartment or house and in your car.

Where is it forbidden to smoke

So, according to the law, smoking is prohibited in such public places:

Being on the territory of educational institutions, which include schools and institutions that issue diplomas of secondary and higher education. Do not smoke near sports and cultural establishments.
You stand with a lit cigarette near a hospital or clinic - be prepared for the fact that you will be fined. Sanatoriums are also included in the list of public places where smoking is prohibited in 2017.
Punishment is provided for smokers in public transport, airplanes, trains, ships, on the territory of airports and bus stations. There is a separate article for drivers of minibuses and taxis. If a passenger who smokes on a bus is likely to be dropped off by other passengers, then it is more difficult to argue with the driver. Therefore, this rule was written into the law.
Those who like to inhale tobacco smoke in buildings should forget about smoking, especially when it comes to government agencies and government agencies.
Smoking in an elevator is deliberately poisoning all residents of a high-rise building, so this is also punishable by law. The limited space where fresh air weakly penetrates are floors and landings. If there is no leisure at home without a cigarette, officials offer to smoke in their apartment or on the balcony.
The smoking law for playgrounds and beaches is self-explanatory.
Gas stations are considered areas of high fire hazard, so cigarettes will have to wait. And given the fact that smoking while driving is prohibited by the rules for moving on the roadway, if you are driving a car, then there is no point in taking cigarettes with you at all.
Students who indulge in smoking right in the hostel may be evicted from their rooms. In some universities, violation of the law on smoking entails expulsion from the institute, especially if the misconduct was recorded several times.
Despite the indignant reviews of citizens, the law applies to cafes and restaurants, pubs.
The list of public places where you can not smoke in 2017 is closed by sewing studios, workshops and repair offices.

Evidence base on smoking neighbors: grounds

Before complaining about smoking neighbors or writing a statement, you need to have indisputable evidence of a committed or regularly committed offense, otherwise, you yourself may become an offender under Art. 306 of the Criminal Code of the Russian Federation "Knowingly false denunciation". To prevent this from happening, read what can be evidence when filing a complaint against smoking neighbors.

testimonies of neighbors (same as you, non-smokers suffering from the consequences of smoking in the stairwell), your acquaintances and friends - will not work.
photos of smoking neighbors, even a photo from a mobile phone will do (here you need to be careful, because the photo must be taken with the permission of the smoker so as not to intrude into his private life, Article 152.1 of the Civil Code), plus, you need to take a picture in such a way that so that there is no doubt that this is your entrance, and not the neighboring house (characteristic inscriptions, mailboxes with numbers, etc., should be included in the frame)
video (the rule with photography also applies to video, but here it will help you if video cameras are installed throughout the entrance with the consent of the owners) otherwise, they may say that the video is a fake and you will have to prove that this is not so).
the commission of an offense at the time of the district police bypassing the territory (this is generally an ideal case that can happen with a probability of 1: 1,000,000).

How to complain about smoking neighbors

Option number 1

You can call the district police officer so as not to go to him yourself. He is obliged to come and draw up an administrative act. At the same time, do not forget to back up your words with evidence. Please note that anonymity cannot be avoided, within the framework of an administrative offense, the name of the injured party, i.e. Yours - indicated in the documents of the case, which the offender sees.

Option number 2

For example, you found 2-3 angry at a smoking neighbor and wrote a collective statement to the district police officer. When accepting an application, the district police officer is obliged to register it, and to inform you of the registration number. According to the results of your application, within 10 days, the district police officer is obliged to:

file an administrative case
issue a reasoned refusal in writing and bring to you the procedure for appealing

If you position yourself as a “victim” who has suffered harm (moral or health), then you must be noted in the offense report and provide a copy of the decision.

Option number 3

If you received a reasoned refusal from the district police officer, or he simply ignored your application, you can contact the prosecutor's office and ask them how legitimate this refusal is and whether it is legal for neighbors to smoke in the entrance. You can also write and register a statement to the higher authorities about the inaction of the district police officer subordinate to them.

Application for smoking neighbors to the district police officer: sample

District Police Commissioner

from _________________________________
Residing at
___________________________________

[STATEMENT]

My neighbors live at 10/2 Lenin Street, Reutov, Moscow Region (apartments No. 364 and No. 365), they allow smoking in entrance No. 3 on the 5th floor. Namely, such and such a number is so much (lasting 5 minutes), such and such a number is so much (lasting 10 minutes). To confirm these facts can neighbor FIO from the square. No. 360. Smoking of these persons falls under Article 6.24 of the Code of Administrative Offenses of the Russian Federation and Art. 12 of the Federal Law No. 15 (06/01/2013) and entails an administrative fine in the amount of 500 to 1500 rubles.

I repeatedly had a conversation with these citizens on the subject of a ban on smoking in the entrance and repeatedly asked them to stop smoking in entrance No. 3, however, my words did not have the proper impact on them.

After that, I printed out and posted ads in the entrance containing warnings about a fine for smoking in an unintended place. But these measures did not have the desired effect.

Currently, these citizens continue to regularly violate the law on the prohibition of smoking in the entrance of a residential building. In this connection, it draws smoke into my apartment, impregnating clothes and furniture with a pungent smell. My family, which has children, has to breathe in tobacco smoke, especially when it becomes necessary to enter or leave the apartment through the entrance where the neighbors smoke. All of the above violate my civil rights, which are protected by the law of the Russian Federation.

Please (choose one)

option: hold a preventive conversation about the inadmissibility of violating the laws of the Russian Federation and the responsibility for violation established by the current legislation,
option: initiate an administrative case on the fact of smoking at the entrance number 3 on the street. Lenina d. 10/2, to identify, within the framework of administrative office work, the names of persons who violate the law (it is better to write the full name of the violators right away) and bring to administrative responsibility citizens living in apartments No. 364 and No. 365.

Signature________
The date____________

Places where you can smoke

After reading a long list of places where smoking is not allowed, the question arises quite understandably: where is it allowed? The second list is smaller, but here you can not be afraid that you will be fined:

If you want to smoke while in the property registered to you, please. Permitted objects include a house, apartment, real estate, a vehicle, if it is not moving at that moment.
On the street on the way from one public place to another (see list above).
Practically in all modern offices there is a designated and specially equipped smoking room, here smokers can, as they say, break away. But do not forget - the authorities are unlikely to encourage a long absence from the workplace, so do not sit up with a cigarette too often and for a long time.
Waiting for the train while on the platform.

Ministry of Health of Russia against smoking near houses

The Ministry of Health of the Russian Federation approved the initiative to ban smoking at a distance of less than 10 meters from residential buildings. The bill was submitted to the State Duma on June 29 this year, but the date of the first reading has not yet been set.

The State Duma will discuss amendments to the federal law providing for a ban on smoking in outdoor places at a distance of less than 10 meters from the entrances to the entrances of apartment buildings. Draft law N 212777-7 "On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption" was submitted to the lower house by a group of senators on June 29. Since July 4 - a document in the committee on health protection.

Earlier, senators proposed to ban citizens from smoking in elevators, common areas and outdoors, at a distance of less than 10 meters from the entrance to the entrances of apartment buildings. The Ministry of Health approved the draft without amendments, and sent it for approval to other ministries and departments, the Izvestia newspaper reports. However, the draft law does not specify which common areas the norm applies to. It is not clear how the distance at which the ban is in effect was determined - 10 meters from inhalation to the house. The experts noted that compliance with the proposed rules would be difficult to control, and no one would be involved in this.

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, multi-storey 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.