By 2021, smokers will have to consider a number of important legislative changes. New bans are being introduced and the cost of cigarettes will continue to rise.
smoking in apartment building
In 2013, Law FZ-15 "On the protection of citizens' health against the effects of secondhand smoke, the consequences of tobacco consumption . . . " was approved. According to article 9 of this legislative act, the right of all citizens to a favorable environment in which to live is affirmed.Clause 10 of Part 1 of Article 12 establishes the direct prohibition of smoking in the common areas of apartment buildings, in particular at the entrances.Based on the Housing Code, common property includes facilities outside the apartments and is intended to serve more than one facility in the house.
Public places where smoking is prohibited also include:
- stairs;
- elevators;
- technical floors, attics and basements.
In addition, a ban on smoking in playgrounds has been established.
These measures aim to protect citizens from secondhand smoke and aim to limit the 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.
What do you think of the established bans on smoking in public places?
Positive, tired of breathing smoke Positively, but we don't smoke less Negative, this violates my rights Neutral
Where you can smoke. Smoking Area Requirements
Formally, smoking near the entrance to an apartment building is not prohibited, as Article 12 of the FZ-15 only provides for a ban on smoking in common areas. The Ministry of Health has considered a bill banning smoking near the entrance, but these amendments have not yet been approved. In order not to violate other people's rights, 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 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;
- on the balcony;
- in specially equipped places.
When smoking in an apartment or balcony, the rights of neighbors must not be violated. They may complain to law enforcement or regulatory authorities if they are uncomfortable with smoke or falling ash, cigarette butts, etc. on their porches.
"Smoking rooms" are rarely provided for in the apartment building project. But, if desired, residents can equip them independently, separating a certain common area. It must be marked - for example with a "Smoking area" sign - and equipped with a special hood. In addition, a smoking area can be arranged outdoors. In assigning the location, residents must take into account the opinion of neighbors and obtain support from the general meeting of residents.
Changes in 2021
Smoking in public places has been banned since 2013. Therefore, smoking is allowed at a distance of at least 15 meters from the airport entrance or train station.The list of objects where the smoking ban was introduced has been replenished since 2021. Based on the Government Decree "On the approval of fire regime rules", of January 2021, the smoking ban was introduced:
- in medical institutions;
- in shops;
- in warehouses;
- in hay fields and grain receiving points;
- at gas stations;
- in transport;
- in schools, universities and kindergartens;
- at explosives production points.
The management of listed institutions must disclose the rules of the fire regime and information about the prohibition of smoking. The exception will be specially organized areas for smokers, marked with a "Smoking area" sign.
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 in statistical decline. From January 2021, excise taxes on cigarettes will be indexed at 20% (instead of the planned 4%), which will automatically lead to an increase in cigarette prices.
Also in December 2020, a law was passed that changes the minimum price of tobacco products.The price will be the same for all cigarette manufacturers and will be calculated taking into account the minimum rate of excise duty for 1, 000 cigarettes, the VAT rate and a multiplier of 1. 4. on April 1, 2021.
Liability for Smoking in Public Places
Neighbors can complain about the smoking ban violator to the district police officer - and then he has the right, based on Article 23. 3 of the Code of Misdemeanors (CAO), to initiate a misdemeanor proceeding.
Based on current legislation, various 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 with his actions violated the rights of neighbors.
If a person smokes in the workplace, he or she faces disciplinary responsibility.
Penalties and penalties for smoking in the wrong place are specified in Article 6. 24 of the Administrative Code. If a smoker involuntarily violated the law and did not know about the prohibitions, this does not exempt him from responsibility.
In addition to smokers, administrators can be held responsible. The Management Company's responsibilities include the proper maintenance of common property, the provision of sanitary and epidemiological measures and the control of fire safety. Therefore, according to the results of the fire supervision control 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 civil servants.
An administrative penalty is applied to citizens over 16 years of age. If the adolescent smokes at the entrance, the district police officer may, additionally, forward the protocol to the commission for minors and minors, and has the right to register it.
In addition to the penalties for violating health protection legislation, an indemnity claim for moral damages can be made against the smoker based on clause 6 of part 1 of article 9 of the FZ-15.
in short
Thus, our country's legislation since 2013 contains the ban on smoking in public places. These places include entrances and elevators, as well as playgrounds.For violating the smoking ban, the person faces administrative liability in the form of a fine.If a neighbor smokes in the house, it could violate the rights of other owners.
Starting in 2021, new smoking bans will be introduced in health facilities, stores and warehouses. It was also decided to increase the excise duty on cigarettes by 20% instead of the 4% previously foreseen, which will lead to a proportional increase in the price of cigarettes.