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, Law FZ-15 "On the protection of the health of citizens from the effects of second-hand smoke, the consequences of tobacco consumption. . . " Was approved. 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 establishes a direct ban on smoking in the common areas of apartment buildings, in particular at the entrances.According to the Housing Code, common property includes premises outside the apartments and intended to serve more than one premises of the house.
Public places where smoking is prohibited also include:
- ladders;
- elevators;
- Technical floors, attics and basements.
In addition, a smoking ban has been established in playgrounds.
These measures are intended to protect citizens from secondhand smoke and are designed to limit the spread of the bad habit, for example among children.
Part 2 of article 12 of the previous law defines the places where smoking is allowed. According to part 6 of article 12, local authorities can restrict smoking by adopting regional regulations.
What do you think of the established bans on smoking in public places?
Positive, tired of breathing smoke Positive, but we don't smoke less Negative, this violates my rights Neutral
Where you can smoke. Smoking area requirements
Formally, smoking is not prohibited near the entrance of an apartment building, as article 12 of the FZ-15 only prohibits smoking in common areas. The Health Ministry considered a bill banning smoking near the entrance, but those amendments have yet to be adopted. In order not to violate the rights of other people, it is recommended to smoke only at a distance of 15 m from the entrance. The main thing is that this place is not a playground or a sports field, 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;
- in the balcony;
- in specially equipped places.
When smoking in an apartment or on a balcony, the rights of neighbors should not be violated. They may complain to law enforcement or regulatory authorities if they are uncomfortable with smoke, or ash, cigarette butts, etc. fall on your balcony.
"Smoking rooms" are rarely envisaged in the apartment building project. 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. In addition, an outdoor smoking area can be arranged. When assigning such a place, residents should take into account the opinion of the neighbors and gain support at the general resident meeting.
Changes in 2021
Smoking in public places is prohibited since 2013. Therefore, smoking is allowed at a distance of at least 15 meters from the entrance to the airport or train station.The list of objects for which 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", as of January 2021, it was introduced a smoking ban:
- in medical institutions;
- in the shops;
- in warehouses;
- in hay fields and cereal reception points;
- at gas stations;
- in transport;
- in schools, universities and kindergartens;
- at explosives production points.
The administration of the listed institutions must publish the rules of the fire regime and information on the prohibition of smoking. The exception will be specially organized smoking areas, marked with a "Smoking Area" sign.
Increase in excise duties on cigarettes
The measure to increase the cost of cigarettes has become an effective mechanism to combat smoking, and cigarette sales are statistically declining. Starting in January 2021, excise duties 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 on changes in the minimum price of tobacco products was passed.The price will be the same for all cigarette manufacturers and will begin to be calculated taking into account the minimum excise duty rate for 1, 000 cigarettes, the VAT rate and a multiplier of 1, 4. The regulation enters into force on 1 April 2021.
Responsibility for smoking in public places
Neighbors can complain about the violation of the smoking ban to the district police officer, and then he has the right, based on article 23. 3 of the Code of Administrative Offenses (CAO), to initiate an administrative offense case.
According to current legislation, several types of liability for smoking in public places are allowed:
- administrative- the most common punishment for smokers, which involves a fine;
- civil law-If it is established that the smoker with his actions violated the rights of the neighbors.
If a person smokes in the workplace, then he faces disciplinary responsibility.
The penalties and sanctions for smoking in the wrong place are detailed in article 6. 24 of the Administrative Code. If a smoker inadvertently broke the law and was unaware of the prohibitions, this does not absolve him of liability.
In addition to smokers, management companies can be liable. The responsibilities of the management company include proper maintenance of common property, provision of sanitary and epidemiological measures, and control of fire safety. Therefore, according to the results of the control of the fire supervision or Rospotrebnadzor, violations of the fire safety rules can be detected and the management company will be liable under Part 2 of Article 6. 25 of the Code Administrative. The fines for legal persons are approximately double that for civil servants.
An administrative sanction is imposed on citizens over 16 years of age. If adolescents smoke at the entrance, the district police can additionally present the protocol to the commission of minors and minors and has the right to register it.
In addition to penalties for violation of health protection legislation, a claim for compensation for non-pecuniary damage can be made against a smoker on the basis of clause 6 of part 1 of article 9 of FZ-15.
summarizing
Thus, the legislation of our country since 2013 contains the prohibition of smoking in public places. Among these places are entrances and elevators, as well as playgrounds.For violation of the smoking ban, a person faces administrative liability in the form of a fine.If a neighbor smokes at home, this can violate the rights of other owners.
Starting in 2021, new smoking bans will be introduced in health centers, shops and warehouses. It was also decided to increase the excise duty on cigarettes by 20% instead of the previously planned 4%, which will proportionally lead to an increase in the price of cigarettes.