Angina

Poster banning smoking in public places. Smoking of neighbors in the entrance and on the balcony: prohibitions, fines and other methods of combating

The fight against smoking is a global problem, which the Russian state has not yet solved very radically.

Often smokers spare their family, protect the ecology of their home and go out for a smoke break on the stairs or porch of an apartment building; some do not hesitate to ride in an elevator with a smoking bull and do not react at all to the comments of their non-smoking neighbors.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Law banning smoking in entrances

The main legislative act that introduces restrictions on tobacco consumption in public places and territories and protects citizens from the harmful effects of smoking is Federal Law No. 15 of February 23, 2013.

The latest amendments to it were made by regulatory act Federal Law No. 456 dated December 30, 2015. That is, we entered the new year 2016 with new innovations.

This law provides for significant restrictions on tobacco smoking in almost all public places. Smoking is strictly prohibited:

In the territories of children's and youth institutions;
In public transport;
On lands and in premises where people work, temporarily reside, and make purchases.

You can now smoke on the territory of the plant:

Or in a specially equipped isolated room with ventilation;
Or in specially designated places on the street.

All this is done to ensure that people who do not use tobacco in any form do not suffer from the effects of tobacco smoke.

In addition, the absence of a bad example before their eyes allows children and adolescents to refrain from this most harmful habit.

. .

In public transport;

However

Where can I complain about my neighbors?

collective complaints.

fine 2 to 3 thousand rubles.
fine from 1 to 2 thousand rubles.

What to do?

Hang noticeable posters with the sign - No Smoking - in the smoking areas of your negligent neighbors! Place a table on such an advertisement with the amount of fines for smoking.

Write a statement to the police .

Today you received the first humane tool to combat smoking neighbors - “No smoking in the entrance!” announcements. You don't like something about your neighbors, they probably don't like something about you, etc.

And, due to the fact that many people liked it, I decided to add a few more, so enjoy it to your health! Let them become the “first sign” and bring your smoking neighbors to their senses, remind them that they are not the only ones living on this mortal earth... Some simply do not like tobacco smoke because of its smell, others begin to choke in a smoky room. Relatively recently, the situation has finally changed, and people have become more positive about the fact that smoking is prohibited in the entrance hall.

It is literally designed to protect non-smokers from smokers. So, in the 12th article, in the first section, there is a list of thirteen points. For example, there is a very specific proposal to ban smoking in front of children. The goal is to protect children's health and eliminate potential promotion of smoking.

It all depends on who exactly is trying to use stairwells as smoking rooms. And these are ours. We don't want to be like you. Stop smoking in the entrance." Now let's talk about what to do and how to deal with it if your neighbor smokes on the balcony.

In this case, you can ask the local police officer to conduct a preventive conversation with smokers and speak in a warning manner. Often this is enough. If it doesn’t help, you can write a complaint to the police, preferably a collective one (as in the case of noise, for example), since in this case measures will probably be taken faster.

Smoking ban in the entrance of an apartment building

It simply refers to a violation of the smoking ban. True, now he smokes on the balcony at home, but personally this no longer bothers me. 2. Violation of the ban on smoking tobacco on children's playgrounds established by federal law - entails the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles.

A significant role in the popularization of this law among the masses of unconscious citizens “smokers in the hallways” is given to law enforcement agencies - the Police and local police commissioners. Therefore, the more often citizens contact them and write statements, the less chance they will have of “hushing up” these offenses (which is also punishable).

If a police officer refuses to take proper response measures, you can file a complaint with the prosecutor's office. Therefore, you can smoke where it is not prohibited by law. So, in accordance with the provisions of the Law, you can smoke only in specially designated places, in your own apartment or house and in your car.

P.S. Our “Forum Komsromolskaya, 2, Reutov” often began to receive questions about whether it is possible to smoke electronic cigarettes in prohibited places. As can be seen from this, only those electronic cigarettes that imitate regular ones, for example in size and color, are prohibited. Therefore, when purchasing e-cigarettes, we advise you to pay attention to the appearance of the e-cigarette. And already now in district administrations there are proposals on where exactly it is necessary to “shame” violating smokers.

Making an ad

At the same time, lawyers note that it will be legal to provide only minimal information about the smoker: his photo, last name, first name and patronymic. As Izvestia reminds, the Federation Council proposes to increase fines for smoking in unauthorized places and introduce a new punishment - compulsory labor. Thank you for the competent article, but I’m concerned about the following: What should apartment owners do when they open the window slightly to ventilate the room and receive a portion of tobacco smoke from their neighbors in response?

My example. It's hot now, all the windows in the apartment are open. But the smokers below or above (I don’t know where from anymore) constantly smoke one after another, until 4 in the morning! I have a one-year-old child and there is a constant smoking room in his room!

What to do if residents smoke

What does the law say in our case? What leverage are there to influence neighbors? Neighbors can only be influenced by verbal and physical influence, naturally with their consent, without breaking the law. It's the same thing. if you travel by public transport.

ANTI-TOBACCO LEGISLATION OF THE REPUBLIC OF BELARUS

Thanks for the answer! I thought that we have everything in one place in the country! I live in a dormitory (communal apartment), our place for smokers to gather in the winter is the common kitchen (in the summer, sometimes the balcony, which is also a common place). Are their actions legal or not? I myself think that no, because they are the owners only of the room, and only in it can they smoke.

The first thing you can do is warn the smoker that, according to the new Law, smoking is prohibited in this place

Because law enforcement agencies, AS ALWAYS IN RUSSIA, did not react to the statement in any way! Please advise what actions to take in the future!

BUT! Gentlemen, the topic of banning smoking in your own apartment due to the fact that smoke is blowing into your window, this, sorry, is already too much!! And if smells from your kitchen penetrate into my apartment, from which I have a nauseating reflex, should I demand that a law be passed prohibiting you from cooking?.. Whatever, let’s take it cooler! Let's stop the wind from blowing in your direction!

There are already a lot of overkill when adopting the law. First, designate smoking areas EVERYWHERE, and then fine and demand!

Law banning smoking in the entrances of residential buildings announcement

It’s better to pass a law on silence, otherwise on weekends, sorry about….lo listen to the sound of hammer drills! Wake up, realize that a habit that is harmful to your health has been imposed on you, and at your expense too - smoking is entertainment for the poor, sorry for being frank. I smoked myself, but I stopped.

And before you write a slander to the police, think about the possible response. Passive smokers suffer from lung disease three times more often than active smokers. But it’s also a problem.. with smokers.. it’s the ashes. cigarettes.. which they throw on the floor.. and such dirt.. not only is there a smell in the smoking room, but also dirt.. and I myself sometimes smoke. but I don't agree. Sergei..

As in the Federal Law, the word “entrance” is absent. In the drop-down menu, select “Save as..” and save the “No smoking in the entrance!” announcement. to the desktop of your computer. Next, we will talk about fines for smoking in entrances as another way to combat such a social illness. It is important to know: it does not contain the words “entrance” and “balcony”. He entered the entrance and caught a couple of fans of driveway gatherings red-handed.

More interesting:

Law banning smoking in the entrances of residential buildings

The fight against smoking is a global problem, which the Russian state has not yet solved very radically .

Law banning smoking in entrances

The main legislative act that introduces restrictions on tobacco consumption in public places and territories and protects citizens from the harmful effects of smoking is Federal Law No. 15 of February 23, 2013 . The latest amendments to it were made by regulatory act Federal Law No. 456 dated December 30, 2015. This law provides for significant restrictions on tobacco smoking in almost all public places . Smoking is strictly prohibited:

In the territories of children's and youth institutions;
In public transport;
On lands and in premises where people work, temporarily reside, and make purchases.

You can now smoke on the territory of the plant:

Or in a specially equipped isolated room with ventilation;
Or in specially designated places on the street.

All this is done to ensure that people who do not use tobacco in any form do not suffer from the effects of tobacco smoke.

In addition, the absence of a bad example before their eyes allows children and adolescents to refrain from this most harmful habit.

Is it possible to smoke in an apartment building?

You can smoke completely freely only:

In specially equipped premises (special requirements apply to them);
In small areas outdoors, where permitted;
Far from any commercial, government, educational facilities;
In your own apartment or house, on your personal plot.

Some smokers believe that everything in an apartment building, including stairwells and attics, is their property.

However Now at the entrance of a residential building it is necessary to comply with the requirements of Federal Law No. 15 of February 23, 2013. You can smoke only in a special isolated fireproof smoking room with a powerful ventilation system.

Since the owners of apartment buildings also own the territories adjacent to the house, smoking is prohibited there. If you smoke near a children's playground, you can get a considerable fine.

Where can I complain about my neighbors?

Simultaneously with Federal Law No. 15 of February 23, 2013, amendments and additions to the Code of the Russian Federation on Administrative Offenses and the Law on Advertising came into force.

You can complain about neighbors smoking in the entrance to the local police inspector, the management company or Rospotrebnadzor.

It is up to the public to draw the attention of the authorities to their unruly neighbors. Feel free to write statements and ask whether the case has progressed and whether the smoker has been fined. It's best to write collective complaints.

Punishment for smoking in common areas of residential buildings

The law is harsh on those who do not listen to its voice:

For smoking in premises and areas that are public places, including in the entrances of residential buildings, on staircase landings, citizens will be charged a fine of 500 to 1.5 thousand rubles.
For smoking on the playground fine 2 to 3 thousand rubles.
For involving children and adolescents in smoking fine from 1 to 2 thousand rubles.
If tobacco is offered to a minor by the child’s legal representatives(parents or guardians) they will be fined up to 3 thousand rubles.

For violation of legislation in the field of protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption, disciplinary, civil, and administrative liability is established.

District police officers and employees of duty units and divisions can draw up protocols and consider cases of administrative offenses, so you can call the district police officer and demand that he apply penalties to aggressive smokers.

What to do?

Such a useful law to restrict smoking in the entrance of a residential building must be supported and promoted to the masses.

Reprimand smokers on stairs and in elevators.

Tell them that a new law has been introduced to restrict smoking, warn about the size of fines, and if they are not paid, about the application of more stringent sanctions - the collection of an even larger amount through bailiffs.

Hang noticeable posters with the sign - No Smoking - in the smoking areas of your negligent neighbors!

Layouts of advertisements asking people to stop smoking at the entrance, front door, under the windows.

Place a table on such an advertisement with the amount of fines for smoking.

Call the local police officer - complain, demand that he protect the health of your children . In order to file a complaint, evidence of an offense is required, this can be photo or video materials, or witnesses.

Write a statement to the police . It is better if these are collective appeals, which indicate the names and occupation of smoking neighbors.

If the police do not respond to statements, you can present the essence of the problem to the prosecutor's office. They will be able to influence law enforcement officers who have no time to deal with such a minor problem.

When accepting an application, the district police officer is obliged to register it and provide the registration number . Based on the results of your application, within 10 days, the district police officer is obliged to:

Initiate a case of administrative violation;
Issue a reasoned refusal in writing and inform you of the appeal procedure.

People who smoke suffer from their own habit, which deprives them of their health and, at today’s prices, a considerable part of their income. The public’s job is to, if not cure them, then protect their influence on the healthy part of society, and most importantly on children. So don’t turn a blind eye to the problem, especially since the law is on your side.

Law prohibiting smoking in hallways

The government banned smoking in hallways and other public places only recently, but the benefits of this innovation are already noticeable.

Perhaps everyone is familiar with the situation when you leave your own apartment, and there are clouds of tobacco smoke in the entrance. And this smoke penetrates into apartments located on the same stairwell as the smoking area. But they can contain infants, allergy sufferers and asthmatics! And for others, breathing cigarette smoke is unpleasant, especially for those who are not smokers themselves. It’s even worse when it’s smoky in the elevator: a small enclosed space leaves no choice to the person who used the elevator - he must inevitably breathe air poisoned by nicotine.

And if previously it was possible only to appeal to the conscience of smoking neighbors, now entrances and elevators are included in the category of places where smoking is prohibited by law. The corresponding normative act was adopted on June 1, 2013. Now you can smoke a cigarette either in your own home or on the street.

Restriction of smoking in the entrance

Under the new law, anyone who doesn't want to breathe tobacco smoke in their stairwell can call smokers to order with the help of the police. The law banning smoking in hallways has already come into force. In addition to entrances and elevators, the list of non-smoking areas includes the following public places:

airports;
public transport;
hospitals;
educational institutions;
indoor workplaces;
bus stops;
railway and automobile stations;
sports facilities;
children's playgrounds.

On the one hand, the adoption of the anti-tobacco law took place only recently. On the other hand, the rules banning smoking in residential buildings were previously prescribed in other regulatory documents. These include:

Housing Code of the Russian Federation.
SanPiN.
Federal Law of July 10, 2001 “On restricting tobacco smoking.”

Thus, the entrance is now considered a public place, and being in it with a burning cigarette will be punishable by a fine.

Fines for smoking in the entrances of residential buildings

Smoking in an entrance hall is permitted by law only in a place specially equipped for this process, however, to organize such a legal “smoking room” you must first collect the signatures of everyone who lives in this entrance.

However, it is never too late to give up this habit, even if you have been addicted to tobacco for a long time. Today there are many techniques that help in the fight against smoking. For example, Allen Carr's method, which demonstrates amazing effectiveness. Well, while smokers are deciding whether and how they should part with their cigarettes, the law on smoking in hallways and other public places, through fines and administrative liability, will reliably protect the rights of non-smokers, protecting their health from harmful tobacco smoke.

I want to quit smoking easily and freely

Perhaps this will be interesting to you:

Fines for smoking in public places in 2018

If we remember the end of the last century, smoking was not only not considered a harmful phenomenon, but on the contrary, it was welcomed and advertised in every possible way. Smoking was fashionable. A movie character with a cigarette in his mouth was a common sight. Everyone smoked everywhere. Cigarette smoke enveloped apartments, the entrances of houses, and public places, including the halls of cafes and restaurants.

However, time passed and humanity began to think about the dangers of this phenomenon, eventually realizing its negative impact on people's health.

In the 21st century, many fears have seen laws banning smoking in public places. Our country is moving in the same direction with the international community on the issue under consideration. It was for these purposes that a smoking ban law was adopted, specifying the places prohibited and permitted for cigarette smoke, and also establishing a fine for violation of established rules.

Law banning smoking in public places

In Russia, in 2013, Federal Law No. 15 “On protecting the health of citizens from exposure to tobacco smoke” was adopted. This document provided a list of places allowed and prohibited for smokers, and also regulated the procedure for advertising tobacco products and cigarettes in order to minimize its impact on the health of citizens.

The main direction of this act is to protect the health of Russians and reduce the harmful effects of bad habits on the everyday life of others.

In 2018, the law remained virtually unchanged, both in the list of places that are prohibited and in relation to the amount of fines applied to violators—smokers.

So, let's see where you can legally smoke and where you can't.

Which places are prohibited for smoking?

Any educational institutions (kindergarten, school, institute, etc.).
Medical institutions (clinics, hospital, etc.).
In passenger public transport (bus, tram, trolleybus, taxi).
Trade enterprises (supermarket, shop, market).
Catering (restaurant, bar, cafe, canteen).
Common areas in multi-apartment residential buildings (entrance, elevator, staircase).
Premises in state and municipal organizations (offices, corridors).
Workplaces in commercial, public, state, municipal organizations (office, workshop, warehouse, etc.).
Public beaches, parks, campgrounds.
Indoor children's playground.
Railway, water and bus stations, airports.

Which places are allowed for smoking?

On the street in any place not listed in the paragraphs above.
You can smoke in a specially designated area, indicated by a corresponding sign.
You can smoke a cigarette in your apartment or private house.
In your car, unless it is parked closer than 15 meters from the entrance to the building subject to the ban.

What is the fine for illegal smoking in 2018?

Punishment in the form of a fine is provided if a citizen ignores the established requirements and smokes in a prohibited place (the list can be viewed above).

The amount of the fine did not change in 2018 and ranges from 500 rubles. up to 1,500 rub.

Smokers’ encroachment on children’s health is punished more severely, and a fine of 2,000 rubles is established for smoke on the playground. up to 3,000 rub. Also 2,000 rub.

Sign announcing No smoking in the entrance

a citizen who involves a minor in the process of smoking will have to pay, namely, buys cigarettes for him, offers him to try smoking, advertises tobacco products to teenagers, etc. Violators under this article can be both strangers and parents of a minor.

Responsibility for smoking in the entrance of a residential building

A common offense - smoking in the entrance of a residential building is punishable by a fine of 500 - 1,500 rubles. Only a law enforcement officer can fine a smoker by drawing up an appropriate protocol. It is clear that it is difficult to implement such a mechanism for holding a smoking neighbor accountable.

Who brings the smoking violator to justice?

All everyday cases of violation of the anti-smoking law are recorded by police officers, who, as part of an administrative offense case, draw up a protocol on the fact of the unlawful offense and impose a fine on it.

If constant smoke from a neighbor has led to a deterioration in your well-being and affected your health, you should not limit yourself to a fine, since you have the right to compensate for damage to health in court. To do this, you will need to file a claim in court yourself or using the legal services of a lawyer.

If the violation is related to a public place, enterprise, organization, in addition to the police, control over compliance with the law is assigned to employees of Rospotrebnadzor and fire supervision.

In 2018, citizens themselves more often initiated the prosecution of smokers, especially in apartment buildings. At the same time, do not forget that it will not be enough to simply call the police and complain about your smoking neighbor. In order for the violator to be punished and receive a fine, it is necessary to record the fact of the violation (photos, videos, witnesses) and provide the collected evidence to the police. In this case, the offender will not be able to avoid punishment, and, most likely, next time he will think ten times before smoking a cigarette in the entrance of a residential building.

Lawyer Gennady Efremov

Many modern people try to take care of their health, for which they prefer to protect themselves from various negative influences. This also includes passive smoking, which is why 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 areas in the entrance, but this is considered unacceptable for neighbors.

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

Legislative regulation

To properly study this issue, you need to turn to several regulations:

Even if the violation of the law is unintentional, if proven, it will result in significant fines being imposed on violators.

Permitted and prohibited places

Strictly prohibited smoking:

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

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

If there are a lot of smokers, then 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 meet fire safety requirements, and a high-quality and powerful hood is installed on it at the expense of the 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 a special place adopted directly at the meeting of apartment owners at the entrance. To do this, all residents must contribute a certain amount of funds to install the hood. Since many citizens are not smokers, they usually refuse to invest in these goals.

Responsibility for violation

Violation of legal requirements certainly leads to the need to bear responsibility for it.

All penalties are prescribed in Art. 6.24 Code of Administrative Offenses. Fines are imposed for this, and they differ for individuals and companies. For private citizens who smoke in unauthorized places, a fine varies from 1 to 51 thousand rubles.

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

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

Often, smokers simply refuse to pay fines, so a lot of debt accumulates. If the 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, defaulters 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 arrest and confiscation of property, and the money received from this process is used to pay off debts on fines.

Rules for carrying out punishment

Often people are faced with the fact that their neighbors in the house or entrance 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 in any way influence the violators, so you have to use other methods to bring them to justice.

Imposition of fines police officers are involved, but these penalties can be applied to companies 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 entrance. To punish them, you must fulfill consistent actions:

the fact of violation is recorded using video or high-quality photographs, and the smoker himself must be clearly visible on them;
at least two witnesses are invited to confirm that the existing photos or videos are indeed real;
A statement is written to the police, to which the materials made are attached.

Police officers Based on 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 protocol. Smokers are presented with evidence.

You can also simply write a statement to the police stating that the basic provisions of the law are constantly being violated at a particular entrance. The police are required to conduct an investigation, and the district police officer must also visit all apartments where smokers named 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 can even exceed 50 thousand rubles.

To avoid disputes and difficult relationships with neighbors, it is recommended to first use various measures to prevent this violation.

Civilized ways to prevent violations

Usually people do not want to conflict with their neighbors in the building, 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 a claim in court, demanding 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 crowd of people prohibited by law. This is specified in several regulations that should be studied by every smoker. For violation of these requirements, certain penalties are certainly imposed, which are represented by large administrative fines. Their size depends on whether the violator is an individual or a company.

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

Review of judicial practice

In 2018, a precedent emerged 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 reached the Supreme Court of the Russian Federation, appealing the decisions of lower courts, when he had a dispute with a neighbor who was smoking 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 indicated that citizens living in residential premises have the right to a favorable environment, free from the effects of tobacco smoke and any consequences of tobacco consumption caused by smoking neighbors.

Current legislation allows compensation for moral damages for violation of a citizen’s rights in the field of health protection from the effects of environmental tobacco smoke and the consequences of tobacco consumption, the Armed Forces of the Russian Federation emphasized.

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