In 2021, smokers will have to take into account a number of important legislative changes. New bans are being introduced and the cost of cigarettes will continue to rise.
Smoking in an apartment building
In 2013, the Law FZ-15 "On protecting the health of citizens from the effects of second hand tobacco smoke, the consequences of tobacco consumption . . . " was adopted. According to article 9 of this legislative act, the right of all citizens to a favorable living environment is affirmed.Clause 10 of Part 1 of Article 12 spells out a direct prohibition on smoking in common areas of apartment buildings, in particular, in entrances.On the basis of the Housing Code, common property includes premises outside the apartments and intended to serve more than one premises in the house.
Public places where smoking is prohibited also include:
- staircases;
- elevators;
- technical floors, attics and basements.
In addition, a ban on smoking in playgrounds has been established.
These measures are aimed at protecting citizens from secondhand smoke and are designed to limit the further spread of the bad habit, for example, among children.
Part 2 of Article 12 of the above law defines the places where smoking is allowed. Based on part 6 of article 12, local authorities can restrict smoking through the adoption of regional regulations.
How do you feel about the established bans on smoking in public places?
Positive, tired of breathing smoke Positively, but we didn't smoke less Negative, it violates my rights Neutral
Where you can smoke. Smoking area requirements
Formally, smoking near the entrance of an apartment building is not prohibited, since Article 12 of FZ-15 provides only a ban on smoking in common areas. The Ministry of Health considered a bill banning smoking near the entrance, but such amendments have not yet been adopted. In order not to violate the rights of other people, it is recommended to smoke, only moving away at a distance of 15 m from the entrance. The main thing is that this place is not a playground or sports ground, as well as a transport stop.
Smoking is also allowed:
- the apartment is private property, not a public place, so the prohibitions do not apply to it;
- on the balcony;
- in specially equipped places.
When smoking in an apartment or on a balcony, the rights of neighbors should not be violated. They can complain to law enforcement or regulatory authorities if they are uncomfortable with smoke, or ash, cigarette butts, etc. fall on their balcony.
"Smoking rooms" are rarely provided for in the project of apartment buildings. But if desired, residents can independently equip them by separating a certain common area. It must be marked - for example, with a sign "Smoking area" - and equipped with a special hood. Also, a smoking area can be arranged outdoors. When allocating such a place, residents should take into account the opinion of their neighbors and get support at the general meeting of residents.
Changes in 2021
Smoking in public places has been banned since 2013. So, smoking is allowed at a distance of at least 15 meters from the entrance to the airport or train station.The list of objects where a smoking ban has been introduced has been replenished since 2021. Based on the Government Decree "On the approval of the rules of the fire regime", from January 2021, a ban on smoking was introduced:
- in medical institutions;
- in the shops;
- in warehouses;
- on hayfields and grain receiving points;
- at gas stations;
- in transport;
- in schools, universities and kindergartens;
- at points of production of explosives.
The management of the listed institutions should post the rules of the fire regime and information on the prohibition of smoking. The exception will be specially organized smoking areas, marked with a sign "Smoking area".
Increase in excise taxes on cigarettes
The measure to increase the cost of cigarettes has become an effective anti-smoking mechanism, and cigarette sales are statistically declining. From January 2021, excise taxes on cigarettes will be indexed by 20% (instead of the planned 4%), which will automatically lead to an increase in cigarette prices.
Also in December 2020, a law was passed on changes to the minimum price for tobacco products.The price will be the same for all cigarette manufacturers and will begin to be calculated taking into account the minimum excise rate for 1, 000 cigarettes, the VAT rate and a 1. 4 multiplier. The regulation comes into force on April 1, 2021.
Responsibility for Smoking in Public Places
Neighbors can complain about the violator of the smoking ban to the precinct - and then he has the right, on the basis of Article 23. 3 of the Code of Administrative Offenses (CAO), to initiate an administrative offense case.
Based on current legislation, several types of liability for smoking in public places are allowed:
- administrative- the most common punishment for smokers, involving a fine;
- civil law- if it is established that the smoker by his actions violated the rights of neighbors.
If a person smokes in the workplace, then he or she faces disciplinary liability.
Penalties and penalties for smoking in the wrong place are spelled out in Article 6. 24 of the Administrative Code. If a smoker unintentionally broke the law and did not know about the prohibitions, this does not absolve him of responsibility.
In addition to smokers, management companies can be held accountable. The responsibilities of the management company include the proper maintenance of common property, the provision of sanitary and epidemiological measures, and control over fire safety. Therefore, according to the results of control of fire supervision or Rospotrebnadzor, violations of fire safety rules can be detected and the management company will be held liable under Part 2 of Article 6. 25 of the Administrative Code. Fines for legal entities are about twice as high as for officials.
An administrative penalty is imposed for citizens over 16 years old. If adolescents smoke in the entrance, the district police officer may additionally submit the protocol to the commission on minors and children affairs, and has the right to register it.
In addition to penalties for violation of health protection legislation, a claim for compensation for moral damage can be filed against a smoker on the basis of clause 6 of part 1 of article 9 of FZ-15.
Summing up
Thus, the legislation of our country since 2013 contains a ban on smoking in public places. Among these places are entrances and elevators, as well as playgrounds.For violation of the ban on smoking, a person faces administrative responsibility in the form of a fine.If a neighbor smokes at home, then this may violate the rights of other owners.
From 2021, new bans on smoking in healthcare facilities, shops and warehouses will be introduced. It was also decided to increase the excise tax on cigarettes by 20% instead of the previously planned 4%, which will proportionally lead to an increase in the price of cigarettes.