Violation of smoking in public places. What is the fine for smoking in a public place? Smoking in an apartment building
On October 14, 2017, new anti-tobacco measures come into force. Smokers will even have to fresh air look for a specially designated area.
Anti-tobacco law FZ-15: smoking is harmful
According to available statistics, every year almost half a million Russians die due to cancer and other serious illnesses which are caused by smoking or inhalation cigarette smoke- the so-called smoke swallowing. This is a huge and terrifying figure, and the purpose of adopting such a law is one of the steps in the fight against terrible statistics, along with such measures as propaganda healthy image life and education of young people in an “anti-tobacco” spirit.
Smoking in Russia is a real scourge of our time, the worst thing is that every year more and more teenagers and women take up smoking. The latter don't quit bad habit even when in a position. Therefore, one should not be surprised that the younger generation, together with newborns, are, to put it mildly, not very healthy.
In 2013, the Russian Government decided to tackle the problem of smoking in the country. A smoking ban law was signed and put into effect. in public places. The smoking bill is intended to solve two problems:
- To differentiate between smokers and non-smokers, protecting the interests of the latter.
- Take care of the health of citizens who do not smoke.
If in 2013 the law regulated a small list of places where you can be fined for smoking a cigarette, then in 2017 it was expanded to the maximum.
However, we are unlikely to be able to find out whether the law will fulfill the functions planned by the deputies in the near future: according to experts, Russia will be able to feel the positive changes in the improvement of the nation caused by anti-tobacco bans and corresponding propaganda no earlier than in 5 years.
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Fines for smoking in the wrong place
As for fines for individuals- you and I, ordinary citizens, their amounts are given in Article 6.24 of the Code of Administrative Offenses: for smoking in in the wrong place they will take 500-1,500 rubles. The exception is cigarette smoking on the playground, which is extremely harmful for children, and this is logical - here the violating smoker will have to fork out 2,000-3,000 rubles.
Where you can't smoke
Reading Federal Law-15, one gets the impression that it is easier to name places where you can smoke than those where it is prohibited. But let us still turn to the text of the law, to Article 12. So, now it is not allowed to “smoke”:
- Wherever there are young people - in educational and other institutions that deal with issues affecting the younger generation.
- In sports, medical and sanatorium-resort institutions.
- On electric trains and passenger trains, on passenger ships and aircraft, on any type of public transport.
- Closer than 15 meters from any train stations (railway and bus), airports, river and sea ports, metro stations, as well as inside these transport institutions and on passenger platforms.
- In residential, household, social, retail (including markets and tents), hotel establishments, and catering establishments.
- In government agencies.
- At work (indoors).
- In building elevators, as well as in any other common areas in the house.
- On beaches and playgrounds.
- At gas stations.
As you can see, the list of prohibitions is quite impressive. To summarize, smoking is now prohibited in or near any public places and institutions, including inside shopping and leisure centers and even in restaurants and cafes. Places and territories where smoking is prohibited are equipped with a special prohibition sign.
When will smoking be banned near entrances?
The Ministry of Health has formed a project positive feedback government on amendments to Article 12 of the law “On protecting the health of citizens from environmental influences” tobacco smoke and the consequences of tobacco use."
The Ministry of Health supports the ban on smoking in the open air at a distance of less than 10 m from the entrance to the entrances of residential buildings.
The situation when neighbors or guests smoke at the entrance to an apartment building is widespread, according to the explanatory note to the bill. At the same time, all citizens living in the entrance, including children, elderly citizens and especially citizens suffering from asthma and other diseases respiratory tract, are forced to constantly inhale tobacco smoke when entering their own homes. And residents of the lower floors of apartment buildings become “hostages” of this situation, not being able to open the windows at all, according to the Federation Council.
The law works - the budget is replenished
According to the Ministry of Internal Affairs for 2016, internal affairs bodies reviewed 449,201 materials about administrative offenses under Art. 6.24 of the Code of Administrative Offenses “Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities.” There were 5,371 decisions on oral reprimands and 415,260 on the imposition of an administrative fine. The total amount of fines under this article amounted to 211.8 million rubles. Compared to the previous year, the figure decreased by approximately 8%.
Requirements for the equipment of smoking areas
Isolated rooms for smoking tobacco are equipped with:
- a door or similar device that prevents contaminated air from entering adjacent rooms, with outside which is placed
- "Smoking area" sign;
- ashtrays;
- artificial lighting;
- fire extinguisher;
- supply and exhaust ventilation system with mechanical drive, ensuring the assimilation of contaminants released during the consumption of tobacco products, as well as preventing the penetration of polluted air into adjacent rooms;
Special outdoor places for smoking tobacco are equipped with:
- "Smoking area" sign;
- ashtrays;
- artificial lighting (in dark time days);
- information materials about the dangers of tobacco consumption and harmful effects ambient tobacco smoke.
Video on smoking ban
Russia is one of the most smoking countries in Europe. Therefore, the state is actively fighting this harmful phenomenon in society. It is known that cigarette consumption harms not only the consumer himself tobacco products, but also to the people next to him, who are also called passive smokers. That is why one of the directions of state policy to combat this harmful phenomenon is to limit the consumption of tobacco products in public places.
Legal methods to combat smoking
In the fight against smoking, the legislator resorts to all acceptable methods of influencing the consumption of tobacco products. This:
Although legislation in this area is aimed at reducing tobacco consumption, its effect is a very significant source of income for the state budget. Income comes from fees and other permits for the production and sale of tobacco products, as well as fines and other financial sanctions that are paid to the budget by entrepreneurs and citizens for violating anti-tobacco legislation.
For these reasons, the state has fought and will fight against smoking, but will never decide to completely ban tobacco. By at least, such practice in modern world No.
Constitutionality of anti-tobacco legislation
Often from the rostrum of populist oppositionists one can hear unflattering comments about Russian anti-tobacco legislation as undemocratic and violating the rights of citizens who smoke. But is this really so? Constitution Russian Federation enshrines the fundamental rights of man and citizen; in particular, Article 41 speaks of the human right to protection of health.
As already mentioned, cigarettes and other tobacco products harm not only the smoker, but also those around him, so consuming them in public places violates this constitutional right of citizens. At the same time, manufacturers and distributors of tobacco products violate the constitutional rights of smokers, giving them the opportunity to harm their health. Based on this, the state, in a completely constitutional manner, has taken on the function of regulating relations in the sphere of circulation and consumption of smoking products and is pursuing a policy against smoking in public places.
Anti-tobacco legislation of Russia
Anti-tobacco legislation includes every act regulating the circulation or consumption of tobacco products. But the most famous is the resonant the federal law No. 15-FZ of 2013, adopted in connection with the ratification by the Russian government of the framework convention of the International Health Organization on restricting the consumption of tobacco products.
After this law came into force, smoking in public places received strict territorial restrictions, and the places in which it could be sold were also limited. The law provides state support people who want to get rid of a bad habit.
Anti-tobacco legislation includes legislation on the circulation of such products, the tax code, as well as others. legislative acts which artificially, without any economic justification, increase the cost of tobacco products and complicate the organization of such a business.
Where can you smoke today?
There was a rumor in the media that since the adoption of Law 15-FZ, smoking is no longer allowed anywhere. But actually it is not. As already mentioned, no state will ever agree to a complete ban on tobacco consumption. At the same time, the number of places where you can smoke has decreased significantly.
Today you can smoke in your home, apartment, or other private premises that are not a public place. You can smoke outdoors wherever it is not prohibited due to certain factors. You can also smoke in a personal car, unless you are transporting passengers in it. You can also smoke in specially designated areas, which are indicated by the appropriate sign.
Smoking ban in public places
The rules prohibiting smoking in public places can be divided into a ban on the use of tobacco products and a ban on their distribution. According to its focus, the ban on use applies to all citizens located on the territory of Russia, and the ban on sale and distribution applies to subjects economic activity who sell such products.
Prohibition of hookah smoking
Smoking a hookah is considered less harmful than cigarettes, however, harm to the body from consuming such cigarettes is caused. Therefore, hookah smoking in public places is also limited, although not so strictly. It can be smoked in specialized establishments, in specially equipped rooms. Moreover, such premises can be equipped with a table and chairs, and also served by waiters.
Where is it forbidden to smoke?
You cannot use tobacco products in any public enclosed space, except in places specially designated for this purpose. This prohibition also applies to toilets, entrances and other auxiliary premises. Outdoor tobacco use is also limited in the area in close proximity (15 meters) to children's educational institutions, such as kindergartens and schools, medical institutions and authorities state power And local government. IN public transport Smoking is also prohibited. Moreover, the ban also applies to railway and maritime transport long distance. But in such transport it is allowed to equip seats for this activity.
For several years now, a fine for smoking in public places has been in effect in Russia. And in 2016, this measure will not be canceled. Therefore, it is worth carefully considering the main provisions of the anti-tobacco law. After all, every smoker can lose an impressive amount of money by getting a cigarette where it is prohibited.
The size of the fine for smoking in public places in 2016
According to the latest data, this sanction will not change in 2016. Law enforcement agencies will be able to fine careless smokers in the amount of 500 to 1,500 rubles.
However, the fine can increase significantly if you expose children or teenagers to smoke.
The authorities pay special attention to:
Smoking on children's playgrounds;
Smoking near children's institutions;
Distribution of tobacco products among minors;
Involving minors in harmful habits.
Here the sanctions can be the most significant, up to a fine of 150 thousand rubles for organizations that distribute cigarettes to children.
All organizations must also adhere to the law by organizing designated smoking areas. And for non-compliance with the law, individual entrepreneurs can be fined 10, and legal entities 20 thousand rubles.
Fines for smoking in public places in 2016
Where to smoke without fear of a fine?
Since numerous places are under sanctions, it is easier to overpower objects where smoking is still allowed.
So, it is allowed to be with a cigarette:
In specially equipped places;
In park areas;
On the streets.
At the same time, you should not be in the area of prohibition signs. And all “smoking rooms” should be limited and have identifying differences. Otherwise, you will not be able to avoid a fine.
It is worth noting that all areas of educational institutions, sports facilities, public transport, elevators, etc. are prohibited. And from June 1, 2014, the ban extended to communal apartments, hotels and premises for waiting for public transport.
You can learn more about the list of prohibited smoking areas from the Federal Law “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.”
How are violators identified?
Smokers who break the law can only be prosecuted by the police. To prove the fact of an offense, photo and video equipment, being caught red-handed, or witness testimony can be used.
However, you should not give money to law enforcement officers. You must be provided with a protocol, payment for which must be made within 30 days.
With violations of the law by legal entities fights Rospotrebnadzor and fire protection. Consequently, entrepreneurs may also be fined.
It is worth noting that law enforcement forces are not enough to control all prohibited places. The emphasis is on suppressing crime at train stations, bus stations and other significant facilities.
Also, great attention dedicated to commercial enterprises and establishments Catering. Thus, the anti-tobacco law still works, helping to reduce the number of smokers.
Smoking is prohibited in public places, especially children's playgrounds. For violating the law, a fine is imposed - up to 3 thousand rubles. It must be paid within 60 days. You have 10 days to appeal.
In 2013, a law was adopted to protect the health of citizens from exposure to tobacco smoke, which determines where smoking can and cannot be done and establishes penalties for smoking in public places.
| Violation | Amount of fine |
| Smoking in a prohibited area | 500-1500 rub. |
| Smoking in a prohibited place by a minor | 2 thousand rubles. |
| Smoking in local playgrounds, school grounds and kindergartens | 2-3 thousand rubles. |
| Involvement in the smoking process of persons under 18 years of age | 2 thousand rubles. |
| Purchasing tobacco products at the request of persons under 18 years of age | 2-3 thousand rubles. |
| Legal entities that have not organized separate smoking rooms | 20-30 thousand rubles. for officials; 50-80 thousand rubles. for legal entities |
| Legal entities that organized separate smoking rooms, but did not install identification marks (advertisements or signs) | 10-20 thousand rubles. for officials; 30-60 thousand rubles. for legal entities |
Punishment is applied if a citizen ignores the prohibitions and smokes where smoking is prohibited. As for the purchase of tobacco products for minors, this fine also applies to parents of minor smokers who buy cigarettes for them, thereby involving their children in the process of smoking tobacco.
Important! Amount of punishment for last years has not changed and there are no plans to increase it.
Only law enforcement officers have the right to fine smokers by drawing up an appropriate protocol, according to which a fine is subsequently imposed.
Where smoking is prohibited and allowed
According to Article 12 of the Smoking Law, there are groups of places where smoking is strictly prohibited:
- on children's playgrounds;
- in the territories of kindergartens, schools and institutes;
- in clinics, hospitals and adjacent areas;
- in public transport;
- in the subway, at train stations and at airports;
- in restaurants, cafes, canteens and bars;
- in elevators, landings, corridors and entrances;
- in shops, hypermarkets, markets and adjacent areas;
- in workplaces - warehouses, workshops, offices, offices, etc.;
- in parks, alleys, boulevards, beaches and campsites.
Places where smoking is allowed are also determined by law:
- on the street, with the exception of the places listed above;
- in organized smoking rooms marked with an appropriate sign;
- in your house and apartment;
- in your car, but only if it is located no closer than 15 meters from prohibited places.
The most common violation is smoking in hallways, elevators and stairwells of apartment buildings. To influence a neighbor who smokes, it is necessary to record the fact of the violation using photos and videos, and also to attract neighboring witnesses who suffer from tobacco smoke in the living room.
Is it possible to avoid a fine?
To avoid becoming an administrative violator, it is important to carefully study the list of prohibited smoking areas. In addition, one should remember about the presumption of innocence, which requires evidence from the prosecutor, i.e., a law enforcement officer, and not the suspect himself, must prove the guilt of a citizen.
If a person does not consider himself guilty (did not smoke or smoked in a permitted place), but he was fined illegally, then he can always appeal the issued protocol.
According to the law, any fine can be appealed to a higher authority or to court within 10 days from the date of receipt of the decision. If a citizen does not file an appeal within this period, this means that he agreed with the offense and will pay the fine, according to the law, within 60 days.
How to pay
Pay administrative penalty possible in the following ways:
- through Sberbank.Online, Tinkoff Internet Bank and many others;
- through electronic wallets - WebMoney, Qiwi, Yandex.Money, etc.
In addition, you can pay at the cash desk of a bank branch, ATMs and terminals, as well as at Russian Post offices.
Before paying, you need to clarify whether there is a commission when making a payment. It must be taken into account when sending the amount.
Making a payment may take up to 3 days, so you should not transfer money to last days so as not to delay the obligation.
It is important to transfer the payment strictly according to the details specified in the order handed over by the police officer at the time of drawing up the administrative protocol.
What happens if you don't pay the fine?
Many citizens mistakenly believe that if they do not pay a fine, then the deadline will pass a long time ago, and nothing will happen. However, it is not. If payment is not made, more severe punishment may be applied - an increase in the amount of the fine, involvement in correctional labor, and even administrative arrest.
In addition, additional sanctions are imposed for late payments. So, if the violator is late in payment, the amount of the penalty is automatically doubled.
Regulations
The issue of applying penalties to citizens who smoke in places prohibited by law is regulated by the following laws.
Table 2. Documents regulating the application of penalties to smokers
Video on topic
In this video, a police officer will talk about the smoking ban.
Higher education. Orenburgsky State University(specialization: economics and management of heavy engineering enterprises).
October 15, 2018.
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