Posters about smoking in public places. Smoking is prohibited in the entrance announcement

Many modern people try to take care of their health, for which they prefer to protect themselves from various negative impacts. This includes passive smoking, so citizens are trying to fight people who smoke in inappropriate places. This primarily includes entrances.

Many people prefer to smoke not at home, but on the grounds in the entrance, but this is considered unacceptable for the neighbors.

Legislation smoking is prohibited near and inside various buildings, which include the entrances of high-rise buildings. Smokers may be penalized for violating this requirement. The residents of such a building themselves must ensure that the norms of the law are observed, and they can also punish violators, for which it is enough just to record the incident.

Legislative regulation

For a proper study of this issue, it is necessary to refer to several regulations:

Even if the violation of the law is unintentional, if there is evidence, this will cause significant fines to be imposed on violators.

Permitted and prohibited places

Strictly prohibited smoking:

All of the above places are prohibited for smoking, as tobacco smoke can be inhaled by strangers, causing them some harm. Smoking allowed only in special places set aside for these purposes. It is required to move away from the residential building and crowds of people, therefore it is not allowed to come close to the entrance.

Smoking is allowed in the entrance, if it is equipped with special hood, but open windows are not part of the ventilation system.

If there are a lot of smokers, then the residents of one entrance can come to a joint decision, on the basis of which a certain area is allocated for smoking. It must fully comply with fire safety requirements, and a high-quality and powerful hood is installed on it at the expense of residents. If these conditions are not taken into account, then for each cigarette smoked, if there is evidence, violators will pay a fine.

The decision to organize such special place taken directly at the meeting of apartment owners in the entrance. To do this, all tenants must pay a certain amount of money to install the hood. Since many citizens are non-smokers, they usually refuse to invest in these purposes.

Liability for violation

Violation of the requirements of the law will inevitably lead to the need to bear responsibility for this.

All penalties are in Art. 6.24 Administrative Code. Penalties are imposed for this, and they differ for individuals and companies. For private citizens who smoke in inappropriate places, a fine is assigned, varying from 1 to 51 thousand rubles.

Companies who sell cigarettes to people under the age of majority, pay a fine of 80 to 90 thousand rubles. If they demonstrate these products, then the fine varies from 80 to 100 thousand rubles. If the rules related to tobacco advertising are violated, the fine can even reach 500 thousand rubles.

Fines are also imposed on officials who must strictly follow the basic requirements of the law.

Quite often, smokers simply refuse to pay the fines, so a lot of debt accumulates. If at the same time a citizen is unemployed, then even through the court and with the help of bailiffs it is not possible to recover the required amount. In this case, non-payers may be subject to other measures of influence, which are represented by the seizure of accounts, a ban on traveling abroad, as well as the seizure and confiscation of property, and the money received from this process is sent to pay off debts on fines.

Rules for the implementation of punishment

Often people are faced with the fact that their neighbors in the house or porch constantly smoke in the wrong places, which leads to the fact that they have to regularly breathe in tobacco smoke. Usually, persuasion and requests do not affect the offenders in any way, so you have to use other methods to bring them to justice.

imposition of fines police officers are involved, but in relation to companies these penalties can be applied not only by the police, but also by the fire service, as well as Rospotrebnadzor.

Most often, people have to deal with the fact that neighbors constantly smoke in the stairwell. To punish them, one must successive actions:

• the fact of the violation is recorded using video filming or photographs High Quality, and the smoker himself must be clearly visible on them;
• at least two witnesses are invited to confirm that the available photos or videos are really real;
• a statement is written to the police, to which the materials made are attached.

Police officers on the basis of the evidence obtained, they are obliged to bring violators to justice. To do this, they come to their place of residence, after which a offense record. Evidence for smokers.

You can also simply write a statement to the police that the basic provisions of the law are constantly violated in a particular entrance. The police are obliged to conduct an investigation, and the district police officer must bypass all the apartments in which the smokers indicated in the application live.

You can only be held accountable once., therefore, it is possible to record several facts of violation, for each of which a fine will be imposed, so the total amount may even exceed 50 thousand rubles.

In order to avoid disputes and difficult relations with neighbors, it is recommended that you first use various measures to prevent this violation.

Civilized ways to prevent violations

Usually people do not want to conflict with their neighbors on the porch, so they simply ignore the fact that they continue to smoke in prohibited places. This leads to a deterioration in their health as they become passive smokers.

Some citizens even prefer to file statement of claim to the court in which they demand compensation for damage to health, but in most cases such cases end in the dismissal of the claim.

Thus, smoking in the entrance and in some other places where there is a constant accumulation of people, prohibited by law. This is indicated in several regulations that should be studied by every smoker. For violation of these requirements, certain penalties are necessarily assigned, which are represented by large administrative fines. Their size depends on whether the offender is an individual or a company.

Residents of high-rise buildings can make different decisions at a meeting regarding people who smoke in the stairwell. A specific smoking area may be organized or various measures of influence may be used. It is advisable for each tenant to take care of their health on their own, so if it is not possible to agree with neighbors by peaceful means, you will have to photograph or film them, and then transfer the materials to the police.

Review of jurisprudence

In 2018, a precedent appeared, according to which it is now possible to recover damages from your neighbors, including moral damages, if they smoke on the balcony, while cigarette smoke enters the vents and windows of other residents.

A man went to the Supreme Court of the Russian Federation, appealing the decisions of lower courts, when he had an argument with a neighbor who smoked on the balcony, and the smoke from his cigarettes was drawn into the apartment where there was a small child.

The Supreme Court of the Russian Federation pointed out that citizens, living in residential premises, have the right to a favorable environment free from the impact tobacco smoke and any consequences of tobacco use due to neighbors smoking.

The current legislation allows compensation for non-pecuniary damage for violation of the rights of a citizen in the field of health protection from the effects of second hand tobacco smoke and the consequences of tobacco consumption, the Supreme Court of the Russian Federation emphasized.

The ban on smoking in the entrances of MKD and public places at the legislative level is described in the following video:

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 from May 11, 2008 the Russian Federation is 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 deaths due to tobacco use at the international level. Naturally, the adoption of what is also called the “anti-tobacco” law caused ambiguous opinion in society, because 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, government buildings, municipalities, premises 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, at playgrounds and beaches ( part 1 article 12 of the Law).

With 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 ban on tobacco smoking established by federal law in certain territories, premises and facilities, except for cases part of 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 propaganda campaign " anti-tobacco law» in the city of Reutov, why you need to print "Smoking is prohibited in the entrances 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 up to 15 days is not far away (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 addiction smoking neighbors on the landing, there are several legal ways to influence them.

1. 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.
2. Place with an indication of the norm of the Law prohibiting smoking on the landing.
3. 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.
4. 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 the application for committed offense, demanded any "irrefutable" evidence of the 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:

1. 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.
2. 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.
3. Punishment 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.
4. Smokers should forget about smoking in buildings, especially if we are talking about state structures and institutions of power.
5. Smoking in an elevator is deliberately poisoning all residents of a high-rise building, so this is also punishable by law. Limited space, where it weakly penetrates Fresh air, 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.
6. The smoking law for playgrounds and beaches is self-explanatory.
7. Gas stations are considered territory high degree 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 it makes no sense to take cigarettes with you.
8. 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.
9. Despite the indignant reviews of citizens, the law applies to cafes and restaurants, pubs.
10. 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 write 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.

1. testimonies of neighbors (the same as you, not people who smoke suffering from the effects of smoking in the entrance), your acquaintances and friends will not work.
2. photos of smoking neighbors, even a photo with mobile phone(here you need to be careful, because the photo must be taken with the permission of the smoker, so as not to invade his privacy Art. 152.1 of the Civil Code), plus, you need to take a picture 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)
3. 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).
4. 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, as part of Administrative offense, full 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
• endure reasoned refusal in writing and let you know how to appeal

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 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)

1. option: conduct a preventive conversation about the inadmissibility of violating the laws of the Russian Federation and the responsibility for violation established by the current legislation,
2. option: initiate an administrative case on the fact of smoking at the entrance number 3 on the street. Lenin 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 long list, where smoking is not allowed, a completely understandable question arises: where is it allowed? The second list is smaller, but here you can not be afraid that you will be fined:

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