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Law on the dangers of smoking in public places. On the ban on smoking in public places

Smoking ban law, which came into effect almost in full on June 1, 2014 (its last provisions will be introduced in 2017), has become discouraging for many. The smoking ban law prohibits smoking in so many places that the question naturally arises: “Is it even possible to do this somewhere?”

Federal Law 15 on the smoking ban

We are talking about the Federal Law No. 15 “On protecting the health of citizens from environmental influences.” tobacco smoke and the consequences of tobacco consumption” dated February 23, 2013, which was adopted by deputies almost unanimously. And there are reasons for this.

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 inhaling cigarette smoke - 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 promoting a healthy lifestyle and educating young people in an “anti-tobacco” spirit.

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.

Federal Law 15 on the smoking ban: where should you not 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 sum it up, smoking is now prohibited in any in public places and establishments or around them, 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.

Is smoking allowed in the entrances of residential buildings?

This is true. The entrance to a residential building is a public place, which means that the smoking ban law applies to it as well. However, the law provides a small concession for smoking residents: by decision of the owners, smoking is allowed in a specially organized isolated room equipped with an appropriate ventilation system.

The law also allows smoking on long-distance passenger ships - in places designated for smokers, specially equipped and well ventilated. Moreover, these premises must meet all established sanitary and hygienic standards.

Anti-tobacco order for cafes and restaurants

There is a lot of bewilderment smoking people causes a ban that applies to public places such as restaurants and cafes: smoking here for many is an integral process that accompanies eating food and, in particular, certain types of drinks.

We are all accustomed to the fact that when entering a cafe we ​​are asked: “Do you want to go to the smoking or non-smoking room?” So now this question is inappropriate - there simply cannot be “smoking” halls after the release of Law 15-FZ. But aren’t we often greeted with this question today on the threshold of a cafe or pizzeria?

Need I say that the anti-tobacco law for catering establishments (and these include not only cafes and restaurants, but also beer bars, where people specially come to have a glass or two over a leisurely conversation and a cigarette) is extremely unprofitable? No business owner wants to lose clients. So they come up with various loopholes, fortunately the law is not perfect. It also happens that it is more profitable to pay a fine than to miss out on profits.

So, for example, according to the Code of Administrative Offenses of the Russian Federation, a “guilty” enterprise can be fined under as many as three different parts of Article 6.25, and the responsibility for each of them differs strikingly:

  1. The first part of this article provides for a fine for failure to comply with the requirements of Law 15-FZ, sanctions for it amount to 10,000-20,000 rubles (officials), and 30,000-60,000 rubles (legal).
  2. The second part of Article 6.25 applies for violation of requirements for the organization special places for smoking- both indoors and outdoors. In this case, the fine is already larger: it will be 20,000-30,000 rubles and 50,000-80,000 rubles, respectively.
  3. And the third part of the same article of the Code of Administrative Offenses provides for sanctions for violation of legislative norms in the field of health protection visitors to the establishment. Here already we're talking about about such amounts: 30,000-40,000 rubles and 60,000-90,000 rubles.

Which of these articles will the inspectors be fined under, and will they be fined at all? After all, among them there are also those who like to smoke over a glass of coffee/beer in the nearest bar/cafe.

And more about fines for smoking

As for fines for individuals- for you and me, ordinary citizens, their amounts are given in Article 6.24 of the Administrative Code: for smoking in an unauthorized place they will charge 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.

Fines are fines, but who will impose the fines and how? We saw above that various penalties can be applied to enterprises for one violation. But at least the fact of a violation is obvious. How to fine ordinary person, because the fact of smoking must be recorded or proven?

It’s one thing if a neighbor on the landing is constantly “smoking” - many neighbors can confirm this. And it’s another matter if a person you just saw smokes next to you. In such a situation, a police officer must be nearby at the time of smoking, otherwise the offender must be documented while committing a “crime” (on a photo or video camera) or find witnesses, and then contact the police or Rospotrebnadzor. But how many of us will do this? Most likely, we will limit ourselves to a remark and simply won’t mess with boors.

Federal Law on smoking ban: some criticism

Despite the fact that the anti-tobacco law cannot but be welcomed, there is a lot of criticism in its direction. As we have already seen, violation of the law is not so easy to prove, and its shortcomings create many opportunities for various loopholes and workarounds. Some generally believe that it is not capable of fulfilling its humane goals, but is just another opportunity to replenish the state budget. Be that as it may, the viability of the Federal Law No. 15 can only be judged years later.

I am glad to welcome you to my blog, friends! Today I want to raise such a painful topic for many as law on smoking in public places, effective in 2018. After all, who is not familiar with the confrontation between tobacco smoke lovers and those who cannot stand it? Because of such disagreements, a war is constantly going on between my neighbors: some want to smoke quietly on their own balcony, others want to not feel unpleasant odor every time a window is torn off. And on the street, I witnessed conflicts at bus stops or station platforms. Let's all understand the intricacies of the issue together and reach a compromise.

What is the anti-tobacco law Federal Law No. 15

The text of the bill on the smoking ban has been supplemented several times: the last edition is dated 2017. Federal Law No. 15 was adopted back in 2013, and the State Duma voted almost unanimously. And not without reason: statistics claim that every year 50,000 citizens of the Russian Federation die from oncological diseases caused by tobacco smoke. And we’re not just talking about those who like to puff on a cigarette, because the health of those around them also suffers. According to forecasts from the Ministry of Health, already in next year it will be possible to find out how much the introduced ban affected the health of the nation.

The Tobacco Smoking Law implies that measures are taken in a comprehensive manner. It provides the following:

  • restriction of smoking areas;
  • ban on sale tobacco products less than 100 m from schools and universities (minors are not allowed to sell cigarettes in any case);
  • complete ban on advertising tobacco products;
  • gradual increase prices for cigarettes, cigars, etc.;
  • working on public awareness about the dangers of smoking.

The debate about how effective the bans are continues to rage. But if you are bothered by plumes of smoke, you have the right to contact a police officer and ask him to take action.

The same statistics show that out of 100 people who decide to treat themselves to a cigarette in a public place, only 15 pay fines.

Where you can't smoke in the Russian Federation: regulations for 2018

What do smoking laws require? According to Federal Law No. 15, tobacco smoke lovers should not get cigarettes in the following places:

  • near educational institutions, and smoking is prohibited not only on the porch, but also in the adjacent territory;
  • in terminal buildings, airports, metro stations and at a distance of less than 15 m from the entrances;
  • in hospitals and sanatoriums;
  • on the beaches;
  • in sports-type institutions;
  • in hotels;
  • in markets (in pavilions and tents);
  • in elevators;
  • in offices;
  • at gas stations;
  • in government agencies different levels;
  • in the territories of cultural objects (circuses, theaters, philharmonic societies).

Concerning railway transport, including long-distance trains, there will no longer be an opportunity for a smoke break in the vestibule. Prohibition signs remind you of the introduction of restrictions.

User experience: how to fine for breaking the law

Recently I was traveling with some guys on a short-distance train, and at the station we went out for a smoke. We were standing on the platform and didn’t seem to be in the way... A policeman saw us, asked for our passports, then told us to go with him to draw up a report and issue a fine. It turned out that we were located just under the cameras. We walked about 30 meters, and a second policeman was waiting there with a device like a PDA. He entered our information and said that fines would be sent to the place of registration. I thought maybe I could appeal them, but the footage on the cameras won’t go away. What can I do, I had to pay...

Where you can smoke according to the laws of the Russian Federation

Tobacco legislation stipulates that smoke should not disturb others. According to Federal Law No. 15, places are allocated both outdoors and indoors for cigarette lovers. If we are talking about an isolated “smoking room” inside an apartment building, then it must be equipped with air ventilation; Compliance with hygienic standards regarding the level of air pollution is a prerequisite.


Smoking on trains is banned

Where can passengers smoke at the station? Focus on the rule “What is not prohibited is permitted.” This means that you will have to move at least 15 m away from the entrance or platform. Passengers on long-distance trains are allowed to light a cigarette while stopping on the platform. The only condition is that it must be 15 m or more away from the station building. And if you smoke on a platform intended for boarding commuter trains, be prepared to be punished.

How should a smoking area be organized?

According to the latest amendments, Smoking areas designated outdoors must comply with the requirements:

  • availability of lighting in dark time;
  • appropriate signs posted nearby;
  • the presence of ashtrays and metal bins.

If we are talking about room allocated in the building, the criteria change. In addition to signs and ashtrays, there should be the following:

  • ventilation;
  • complete isolation, protecting other visitors or employees from smoke;
  • availability of information stands warning about the dangers of tobacco;
  • use of non-combustible materials in finishing;
  • presence of a fire extinguisher.

But even with these rules, smoking areas are not available everywhere. A number of institutions operate strict prohibitions. For example, “smoking rooms” cannot be installed in hospitals or schools, gas stations or catering establishments. It cannot be found in warehouses, hayfields, or facilities where flammable materials are processed, produced, or stored.

What is the fine for smoking in 2018: for legal entities

  1. Did the employer not bother to post signs warning about the dangers of this habit? Carelessness will cost him 10,000 - 20,000 rub.
  2. If the enterprise does not have specially equipped smoking areas, the fine will be 50,000 - 80,000 rub. A separate punishment is provided for the official responsible for this area - the amount reaches 30,000 rub. To avoid the cost of equipment for “smoking rooms”, you can include a ban in a local regulation and familiarize employees with signature.
  3. If an employer does not monitor compliance with the “anti-tobacco” law at the enterprise, this is regarded as an offense. IP will give 30,000 - 40,000 rub.., and for organizations the amount will increase to 90,000 rub.

Regarding the frequency of smoking breaks, federal laws do not require additional breaks for these purposes. According to Labor Code, employees during the working day can count on rest of at least 30 minutes, but no more than 2 hours. They dispose of it at their own discretion, including for smoking breaks.

What determines the amount of the fine for individuals?

Size administrative fine for ordinary citizens depends on the specifics of the situation:

  1. If you smoke in a public place, you will have to pay 500 - 1,000 rub.
  2. Those who ignored the ban on a nearby playground will pay 2,000 - 3,000 rub.
  3. The pleasure of smoking a cigarette will cost more if you at the same time decide to “treat” a minor - 1,000 - 2,000 rub. The same amount will be paid by those who “kindly” bought tobacco products at the request of a teenager. And the parents of a minor similar cases will have to pay 3,000 rub.

Separately, penalties are provided for sellers who sell products to citizens under the age of majority. In such cases, the negligent employee will be fined 3,000 - 5,000 rub.. The organization will be punished 150,000 rub.

Who will fine and how: implementation of the “anti-tobacco” ban

Formally, penalties for violating prohibitions are provided, but who issues the receipts and how? If with legal entities the situation is clear (the presence of ventilation in the “smoking room” or the use of non-flammable materials is easy to check), then what to do with an ordinary amateur cigarette smoke letting him in on the street?

The easiest way to complain is about your neighbors: if one of them smokes on the landing, the fact will be confirmed by other residents of the house. When the question concerns a passerby in a park or a person waiting for transport in a public place, record the violation on video. True, it will only help if there is a police officer nearby. If it is not there, then the law requires you to file a record with the police department or Rospotrebnadzor. But will you spend time on this? And the police will not distribute notices “Wanted for smoking,” so often violators of the ban go unpunished.

How to pay a fine for smoking in a public place

You lit a cigarette in a public place and a police officer noticed? The protocol on administrative violation drawn up by him is not the basis for payment. First you must receive a resolution, after which you must transfer the money. If the paper is not delivered, you can go to the police department and get a copy. It will also be useful to register on the State Services portal or on the website http://fssprus.ru/iss/ip/, where you will check the presence of issued fines.


You can transfer money through Internet banking

You can repay them in the following ways:

  • at a bank branch if you have a receipt;
  • via terminals(section “Payments to the budget”);
  • through personal accounts when using Internet banking.

You will also deposit money through the State Services portal, but you will first have to confirm your account.

What happens if you don’t pay a fine for smoking in public places?

According to the laws, if you do not pay the fine on time, it will be doubled (the total amount cannot be less than 1,000 rubles). Another option is arrest for 15 days. In practice, it often turns out that citizens simply do not deposit money: in most cases additional measures not accepted.

If a fine for an administrative violation is not paid within 2 years, it will be automatically canceled. IN as a last resort you can give the money directly to the bailiff. But you will also find reviews online that the police arrest negligent debtors for 15 days. It’s up to you to decide whether to rely on luck or whether it’s better to deposit money.

Anti-tobacco law: how to find out if there are fines

Tobacco users are faced with a typical situation: they take a drag on a cigarette in a public place, after which police officers approach them and ask them to show their passport. Then they enter the data into the database, tell them to wait for the decision by mail, and leave without drawing up a protocol. Confused smokers, having never received a document, do not know what to do: hope for the best or somehow pay a fine for violating the law without details. What to do in such a situation?

First of all, police officers are required to draw up a report and invite you to sign the document. They cannot issue a fine without a violation report! If the document is drawn up, you will receive the decision by mail. It will contain details for payment, which must be made within 10 days. If the address of registration and actual residence are different, check for fines on the Internet.

Law on smoking in public places: outdoor cafes and restaurants

According to the law, smoking is prohibited in catering establishments. Even summer cafes, located on the street, will not be an exception. Since terraces or areas are also considered part of the establishment, smoking is strictly prohibited there.

As for regular restaurants, they are considered public places. This means that there should be no smoking rooms in them. But some establishments prefer to receive a fine rather than lose profit, or look for loopholes in the laws.

“Anti-tobacco” law: is it possible to smoke in the entrance?

Statistics say that 57% of complaints received from citizens are related to neighbors smoking in hallways, elevators, stairwells and common balconies. The law stipulates that these places are prohibited for tobacco lovers. According to Federal Law No. 15, the fine for violation is 500 - 1,500 rubles. But in practice the situation is different, as evidenced by reviews.

Citizens' experience: how laws are implemented

A police officer lives in our house and smokes on the common balcony on the 3rd floor. Due to the building's design, smoke is coming into the residents' windows, but he doesn't care. We talked amicably, but there was no result. As a result, I wrote a statement to the district police officer, who, reading it, clarified: “Is this a complaint against our employee?” Then he advised me to call the police if I saw my neighbor smoking on the balcony. Considering that the valiant authorities arrive at the site in a couple of hours, the idea is unlikely to succeed.


Smoking on the porch and in the entrance is prohibited

The district police officer did show up and took a written explanation from his colleague. He said that he doesn’t go to the balcony, and I’m complaining because bad relationship. I had to contact both the prosecutor and the local deputy who was introducing a draft ban to the Duma. electronic cigarettes. I attached evidence to the statements: photos and videos. I'm waiting for the result!

Is it possible to smoke on the balcony of your apartment?

Smoke entering neighboring windows from private balconies is the second most common problem. Formally, the law does not prohibit smoking on your territory, as in own room or in the apartment toilet. But the smoke should not penetrate to the neighbors; otherwise, they have the right to sue.

The decision has disadvantages: the proceedings drag on for months. Therefore, if your neighbors do not own the property, but rent an apartment, talk to them privately. After all, tenants in most cases do not pay taxes. If you are concerned about tobacco smoke, talk to the violators: the threat of writing a statement to the district police officer regarding the illegal rental of an apartment is more effective than litigation.

You can find out more about how to apply the law on smoking in public places when it comes to a neighbor from the video:

Is it possible to smoke near the house: what should residents do?

The law on smoking in public places does not prohibit it in the immediate vicinity of residential buildings. As a result, owners of apartments on the 2nd floor especially suffer if an organization or store is located on the 1st. After all, they become “victims” of employees who go out to smoke!

Formally, there is no ban, so dissatisfied residents have to look for loopholes in the law. They can go to the prosecutor's office or to court, defending the constitutional right to a favorable environment. These authorities initiate inspections and issue a decision to eliminate the interfering factor and moral compensation. The disadvantages of this option include the fact that you will have to conduct examinations, and their cost will be reimbursed to you only after a decision is made in your favor.

Is it possible to smoke at the airport: what the law says

According to the law on smoking in public places, you can only get a dose of nicotine 15 or more meters from the airport. This is prohibited in the building itself: the exception is when you go to a special pavilion. But “smoking rooms” are not available everywhere, because they are only planning to return them to Sheremetyevo. The basis was complaints from the administration that passengers smoke in toilets, violating the rules fire safety. Presumably, areas for tobacco lovers will not be considered a public place, because they are intended only for those who suffer from addiction.

Is it possible to smoke hookah on the street, in cafes and other public places?

Federal Law No. 15 does not allow smoking hookah in public places if the mixture contains nicotine. But the owners of cafes and restaurants find a way out of the situation: they offer “fruit mixes” or “steam cocktails.” In practice, you can also order nicotine mixtures, which are sold to regular guests using special cards.

There are also hookah establishments that are not considered public places. The laws say that they should not serve food, but in practice the rules are broken.

Since there is no way to immediately conduct an examination and determine the tobacco content in your hookah, you will smoke it without consequences.

Is it possible to smoke electronic cigarettes in public places?

The 2018 law banning smoking in public places does not apply to e-cigarettes. But in 2019 the situation may change, as deputies have prepared a new project.


Possible ban on vaping in 2019 in Russia

It contains a number of provisions:

  • a ban on the sale of electronic cigarettes to minors;
  • restriction of their use in educational, medical, cultural institutions;
  • a ban on smoking electronic cigarettes on playgrounds, in elevators, and in public transport;
  • limiting the volume of containers for liquids.

Deputies argue that the provisions are aimed at protecting children and adults, as well as combating unscrupulous manufacturers.

Conclusion

The law on smoking in public places limits the options for tobacco lovers. But in practice, its compliance remains controversial: the Ministry of Health has already admitted that people commit violations in train cars and at bus stops. Perhaps in the future, Federal Law No. 15 will be supplemented with new provisions and clarifications that will make it more effective.

The Government of the Russian Federation has taken a particularly close approach to solving the issue of smoking in public places in last years. Such measures were introduced not only as a way to combat smoking, which causes disapproval from smokers, but also as a concern for the health of non-smoking citizens in public places, whose rights smokers must also take into account.

The first restrictions came into force back in 2013, and every year the narrowing of the boundaries of smoking areas becomes more significant. The reason for such harsh control was statistics. According to the latest data, every year about half a million Russian citizens die due to diseases caused by active or passive smoking.

On this moment the sharp negativity caused by the adoption of the smoking ban gradually faded away. But experts say that positive changes towards improving the health of the country's population will become noticeable only after at least five years.

Here is a list of places where smoking is strictly prohibited by law.

Where you can't smoke according to the new law of 2019

The list of prohibited smoking areas is gradually expanding, at the moment it looks like this:

  1. Smoking is strictly prohibited throughout various educational institutions. This includes schools, secondary special and higher educational establishments. Smoking is not allowed on the territory of sports and cultural institutions.
  2. The ban was also introduced on the territory of health-improving institutions, including clinics, hospitals, and sanatoriums.
  3. The restrictions affect all types of public transport, including planes, ships, intercity trains and long distance, buses and so on. The same applies to railway and bus stations, airports and ports, metro stations and trains, as well as at least 15 meters from the station exit.
  4. Smoking is prohibited in buildings or areas public services. That is, State Pension Fund branches, social security services, social service centers.
  5. In the premises and on the territories of departments of government agencies and authorities. This includes courts and prefectures. Various ministries, departments, agencies and so on.
  6. Smoking in the workplace and other work areas is also subject to restrictions.
  7. Smoking is strictly prohibited in elevators and stairwells in residential buildings.
  8. Smoking is not allowed on beaches and playgrounds.
  9. Gas stations are also on the list of prohibited smoking areas.
  10. The ban applies to dormitories and any places of temporary residence (hotels).
  11. Despite special protests from smokers, the ban also affected bars, restaurants and cafes.
  12. The list also included premises of consumer services (various workshops, ateliers, and so on).

Where is smoking allowed in 2018-2019

Let's also consider places where smoking is allowed. The list is much shorter, but you don’t have to worry about penalties in the listed places:

  1. Smoking is permitted inside your personal property. This applies to the car and living space (you also have the right to smoke on the balcony).
  2. Almost everywhere on the street, the exceptions are the territories listed above and the 15-meter border from metro stations, airports, ports, train stations, bus stops.
  3. You can smoke at work, however (!) only in a specially designated and equipped room.
  4. On passenger platforms for waiting for passenger trains.

E-Sigs

Not so long ago, smokers also included electronic devices for smoking. Electronic cigarettes do not use standard tobacco, they use a glycerin flavored substance with added nicotine. Such devices do not produce smoke, but produce steam.

Electronic cigarettes are not prohibited in European countries and they are allowed to be smoked not only in public places, but also in airplane cabins. IN Russian Federation the ban on smoking tobacco products also does not affect them, since they simply do not fall into this category. Therefore, at the moment, smoking electronic cigarettes is legal everywhere.

However, some politicians are arguing about this, wanting to limit electronic devices, citing the presence of nicotine in device cartridges.

Smoking is very bad habit which leads to addiction and health problems. The government of the Russian Federation is persistently fighting against nicotine lovers, and that is why laws were passed to ban smoking in public places. Many have heard about them, but few know all the amendments and fines. In this article we will examine in more detail the laws relating to smokers, as well as the amount of monetary penalties from violators.

About the bill

On February 23, 2013, a law banning smoking in the Russian Federation was adopted. He has official name No. 15-FZ. It talks about health and environment from exposure to tobacco smoke. It is worth noting that some clauses of the bill came into force only a year after its immediate adoption. For example, amendments to increase taxes on tobacco products, as well as minimum and maximum prices on cigarettes came into force only in January 2014.

In July 2014, the law banning smoking in public places in the Russian Federation was improved. Amendments were adopted that relate to the illegal trade in tobacco products. However, they will come into force only next year, 2017.

Objectives of the bill

According to statistics from the Ministry of Health, about half a million citizens of the Russian Federation die annually from cancer and many other serious lung diseases. Many health problems are caused by passive or active smoking. This figure is shocking. It was as a consequence of the growing trend in the number of smokers that the government adopted a bill banning smoking in public places. In their opinion, it should become an impetus for reducing the number of smokers, as well as promoting a healthy lifestyle among the younger generation.

The goals of the bill are, as we said earlier, to reduce the number of smokers, eliminate illegal points of sale of tobacco products, and improve general condition environment and life protection of non-smoking citizens. Despite the goals set, experts believe that the first results of the law will only be seen after at least five years.

Where exactly is smoking prohibited?

The law banning smoking in public places includes a list of areas in which the use of tobacco products is prohibited. Failure to comply with the law entails considerable monetary penalties for violating it. Since June 2013, it has been prohibited in the Russian Federation to smoke closer than 15 meters from all types of train stations, sea, river and air ports, and subways. All other territorial categories are subject to a lesser restriction, which we will talk about now.

Sanatoriums, hospitals, public transport, premises of multi-storey buildings, beaches, playgrounds, educational or cultural institutions - these are places where there is a ban on smoking in public places (law). 5 meters from the premises is the distance at which it works this norm. The violator will be required to pay a fine.

Smoking in an apartment building

Quite often, smokers have the mistaken opinion that smoking in hallways is allowed because it is private property. However, everything is not like that. The entrance is state property, which is considered a public place. We believe that everyone knows that there are exceptions to any decree. The law on smoking in public places of the Russian Federation also has them. Smoking in an apartment building is allowed if it has a separate closed room with good ventilation and it is allowed to be used as a smoking room.

Who monitors compliance with these standards?

To this day, public places in the Russian Federation are being improved and supplemented. Despite the fact that it has existed for three years, not everyone knows who exactly should monitor compliance with the standards specified in it.

The government has not yet created a separate organization that will fine illegal smokers, but has been thinking about it for a long time. While a new structure that will monitor the implementation of the law has not been created, the police are monitoring smokers. State Duma deputy Oleg Nilov believes that, first of all, citizens themselves should monitor the implementation of the law. He advises Russians to immediately contact a police officer if they see someone smoking. Nilov also recommends recording non-compliance with standards on camera. At the moment, out of one hundred percent of violators, only fifteen are punished.

Nilov believes that if more Russian citizens reacted to such violations, the law would be more effective.

Amount of monetary penalties

Three years ago, a law on smoking in public places was passed. The fines were developed only a year later. Oleg Nilov believes that the main thing is not the size of the monetary penalty, but the irreversibility of payment. Let's take a closer look at what fines await violators. For smoking on the playground or near it you will have to pay from two to three thousand rubles. The same amount applies to other territories that are subject to this ban.

Like alcohol, cigarettes are prohibited from being purchased and consumed by persons under the age of majority. A teenager who does not comply with the requirements of the regulatory act will be punished with a fine of three to five thousand rubles. The seller also faces monetary penalties. The amount will be from 30 to 50 thousand rubles.

Few people know, but laws banning smoking in public places also provide for penalties for those who introduce teenagers to bad habit. The amount of such a penalty usually ranges from one to two thousand rubles. If a citizen shows audio or video mentioning tobacco products to a teenager, then he is obliged to pay a fine, which will amount to 20-200 thousand rubles.

According to the government, a step towards modern society is a law banning smoking in public places. Fines should teach smokers to value not only their own health, but also that of others. Public institutions also come under strict control. If an organization does not fully comply with the recommendations regarding the arrangement, it will be subject to a fine in the amount of 20 to 80 thousand rubles. The local police officer must monitor compliance with the rules and take immediate action in case of any violation.

Opinion of the Prime Minister's Assistant

The Assistant to the Prime Minister of the Russian Federation supported the ban on smoking in public places. Russia, in his opinion, is becoming a truly civilized country that values ​​their health. Onishchenko emphasizes that smoking takes the lives of millions. Laws banning smoking in public places, in his opinion, - the best option in the fight against evil. He believes that it is a slow poison and must be fought uncompromisingly.

Laws on smoking in public places abroad

If Russia is just taking its first steps towards healthy image life without smoking, then in many other countries the struggle has been going on for more than ten years. For example, in America and Great Britain, for the use of tobacco products in in the wrong places the violator will be required to pay a fine of one to two thousand dollars.

Smoking laws are particularly carefully controlled in Greece and Japan. There, the fine for a violator can range from three thousand dollars. Surprisingly, in Japan there is a list of streets where smoking is completely prohibited.

Cigarettes from under the counter

Violation of the bill, which is now about we'll talk, occurs most often. Few people know, but Law No. 15-FZ prohibits retail outlets display tobacco products on display. The government recommends keeping cigarettes under the counter and only displaying the price tag for public viewing. There should be no images on it, just the name and price.

Three years later

Laws banning smoking in public places were passed in 2013, but did they bring the benefits to society that the government and non-smokers expected? As we said earlier, statistics will only be available in five years, but nevertheless there are still some changes. Let's talk about them.

Experts believe that it is too early to draw conclusions, but it is worth noting that there are fewer people smoking. The percentage of teenagers who smoke has dropped significantly. If earlier they could be pulled around the corner of the school, now the local police officer carefully monitors this.

Inaccuracy in the bill

Experienced lawyer Timur Bondarev believes that the bill is not drafted entirely correctly. As we remember, the regulation prohibits smoking in restaurants and cafes. However, the interpretation of the room itself is not presented. Therefore, the violation can be easily challenged. In his opinion, the law needs to be finalized so as not to encounter disagreements in the future.

Opinion of citizens of the Russian Federation

Having studied all the reviews, we can conclude that opinions about adopted law divided. Most often, non-smoking residents support the innovation, but smokers react differently. Most often they are against such a ban.

Drawing conclusions

Law No. 15-FZ came into force not so long ago, only three years ago. It’s too early to draw global conclusions, but it’s worth recognizing that there are still improvements. Not only has the promotion of tobacco products on television stopped, but also their open sale. This has led to a decrease in the number of smokers, including teenagers. Let's hope that this is just the beginning and that the law will benefit society, including the younger generation.

Federal Law-15 “On the Smoking Ban” (as amended in 2015) was adopted in accordance with the WHO Framework Convention. The normative act regulates relations in the field of protecting people's health from negative impact smoke and the consequences of consuming products containing nicotine. Let us further consider in detail Federal Law-15 “On the Smoking Ban” with comments.

Key directions

To prevent the occurrence of pathologies associated with the influence of smoke and the consumption of products containing nicotine and tar, the federal law 15-FZ "On the Smoking Ban" provides for a certain set of preventive measures. These include:

  1. Development of tax and pricing policy aimed at reducing demand for relevant products.
  2. Determination of territories, objects and premises in which the consumption of products containing tar and nicotine is not allowed.
  3. Regulation of product composition and its disclosure, establishment of requirements for labeling and packaging.
  4. Informing citizens about the negative impact of products containing nicotine and tar, as well as harmful effects smoke.
  5. Establishment of bans on promotion of sales and advertising of tobacco products.
  6. Providing medical care to the population aimed at stopping the consumption of products containing nicotine and tar, treating addiction and consequences.
  7. Suppression of illegal sales of tobacco products.
  8. Restriction of trade in products containing tar and nicotine.
  9. Establishing bans on the sale of products to minors, their consumption of tobacco and their involvement in the process of smoking.

Object categories

“On the Smoking Ban” establishes a list of territories and areas within which the consumption of products containing tar and nicotine is not allowed. The list includes:

  1. Territories and premises used for the provision of educational services, cultural and youth institutions, sports and physical education.
  2. Train cars and long-distance/sailing vessels in the process of transporting passengers.
  3. Premises and territories intended for the provision of rehabilitation, medical and health resort services.
  4. Aircraft, public transport of any type of suburban and urban traffic, including ships.
  5. Premises intended for the provision of hotel and housing services used for temporary residence/accommodation.
  6. Territories where trade and catering services are provided, consumer services are provided, and markets operate.
  7. Social services premises.
  8. Work areas organized in structures/buildings.
  9. Elevators and areas general use V apartment buildings.
  10. Children's playgrounds and areas occupied by beaches.
  11. Passenger platforms designed for boarding/disembarking citizens during transportation on suburban routes.
  12. Gas stations.

In areas located in the open air, Federal Law-15 “On the ban on smoking” is also in force. 15 meters - the distance at which a citizen consuming products containing nicotine and tar should be from the entrances to the premises:


Exceptions

They are established in Part 2 of Art. 12 Federal Law-15 "On the ban on smoking." The provisions of the article allow the consumption of products containing tar and nicotine in specially designated areas. Their organization is carried out in accordance with the decision of the owner of the property or a person authorized by him. Part 2 art. 12 Federal Law-15 “On the Smoking Ban” provides for a number of requirements, in accordance with which specially designated areas must be equipped. The standard, in particular, determines that ventilation equipment must be installed on ships on long voyages, as well as in isolated rooms in apartment buildings. General requirements for equipping special areas in the open air are determined by the executive federal body, which implements the functions of implementing state policy and regulatory regulation in the field of urban planning, architecture and housing and communal services, together with healthcare structures. They must ensure compliance with hygienic standards for the concentration in the air of compounds released during the consumption of products containing tar and nicotine. One of mandatory requirements to designate areas within which the consumption of products containing tar and nicotine is not allowed under Federal Law-15 “On the Smoking Ban” - a sign. Requirements for its content, as well as the installation procedure, are determined by the executive body authorized by the government. Regional government bodies have the right to establish additional restrictions in certain territories or premises.

Measures to reduce demand

Federal Law No. 15 “On the Smoking Ban” (as amended) also does not allow advertising of products containing nicotine and tar. To implement this task it is not permitted:


Sponsorship

Federal Law No. 15 “On the Smoking Ban” establishes a number of requirements for companies broadcasting audiovisual works in which products and the process of their consumption are demonstrated. If a television, video, film, television or video newsreel program contains relevant footage, the organizer of the show must ensure that before or during it the broadcast of messages about the dangers of consuming products. The Law “On the Ban of Smoking” 15-FZ allows for the demonstration of products and the process of their use while informing citizens about the resulting harm to health and the negative impact on the state of the environment.

Prevention of illegal sales

Federal Law No. 15 “On the Smoking Ban” (2015) provides for a number of measures aimed at preventing illegal trade in relevant products. These include:

  1. Ensuring the maintenance of records of the release of products, their movement across the border of the Customs Union within the EAEU or across the state border of Russia, their retail and wholesale sales.
  2. Tracking equipment used in production, movement and distribution of products.
  3. Suppression of cases of illegal sale of products, bringing those responsible to justice, confiscation of illegally transported, counterfeit items across the border of the Customs Union or the state border of Russia, their destruction in accordance with the requirements of the law.

These activities are carried out on the basis of tax and customs accounting information, marking schemes with excise or special stamps, and manufacturers’ own information databases. The federal body that carries out the synthesis and analysis of data, as well as the procedure in accordance with which information is exchanged between supervisory authorities, are determined by the government. To prevent the illegal sale of products, each package and pack is subject to marking in accordance with the provisions of regulations on technical regulation.

Sales organization

In accordance with Federal Law No. 15 “On the Smoking Ban,” sales of products are permitted in premises equipped with utility, retail, administrative, and warehouse structures. If you are not on site settlement pavilions and shops may be sold in other facilities or by delivery. Federal Law No. 15 “On the Smoking Ban” does not allow the sale of products at exhibitions, fairs, remotely, by hand, using vending machines or other methods.

Display of goods

FZ-15 "On the ban on smoking" does not allow retail trade with demonstration of products on the counter. Information about the products sold is communicated to consumers by posting a list of them. The list text is written in letters of the same size, in black on a white background. The list is compiled in alphabetical order. The cost is indicated next to each item. The list should not contain any drawings or images. Federal Law-15 “On the Smoking Ban” allows the demonstration of products to the consumer after familiarization with the specified list.

Additionally

Federal Law-15 "On the Prohibition of Tobacco Smoking" does not allow retail sales cigarettes present in a pack in quantities of less than 20 pieces, cigarettes and other products individually, products that do not have consumer packaging, and also packaged in the same container with other products that do not contain nicotine and tar.

Restrictions for implementers

As Federal Law No. 15 “On the Smoking Ban” states, in public places not only the consumption of products containing tar and nicotine is prohibited, but also their sale. In particular, we are talking about objects of mass gathering of citizens. These include premises and territories used for the provision of educational, cultural and leisure services, institutions for youth, sports, sanatorium-resort, rehabilitation, medical centers and complexes, public transport of suburban and intracity traffic, including ships, structures occupied by local and state power. In the buildings of railway and bus stations, in air, river and sea ports used to provide services for the transportation of passengers, at facilities intended for the provision of hotel or housing services, temporary accommodation or residence, consumer services, the sale of products is also not allowed in accordance with the Federal Law -15 "On the smoking ban."

Comments

The regulatory act in question establishes fairly strict rules aimed at limiting the distribution of products containing nicotine and tar. Especially great attention measures are taken to prevent the consumption of products by minors. Administrative, civil and disciplinary liability is provided for entities violating the provisions of Federal Law No. 15 “On the Smoking Ban”. Fines and other penalties are imposed in accordance with the Code of Administrative Offenses and other codes. The regulation also does not allow the sale of products containing tar and nicotine within 100 m in a straight line from the nearest point located on the border of the territory within which educational services are provided. When calculating the distance, natural and artificial obstacles are not taken into account.

Monitoring

Assessing the effectiveness of measures aimed at preventing exposure to smoke and reducing the consumption of products containing tar and nicotine includes:

  1. Performance scientific research. They are aimed at studying the reasons for the consumption of products limited in circulation, as well as the resulting consequences, and assessing actions that stimulate sales and consumption.
  2. Determination of indicators of the health status of the population, the dynamics of reducing the number of smoking citizens. They are used in the subsequent development and implementation of measures aimed at countering the spread of products.
  3. Carrying out sanitary and epidemiological studies of existing levels of consumption.

Determines that evaluating the effectiveness and monitoring of prevention-oriented interventions negative influence smoke and reducing the volume of consumption of products containing tar and nicotine is carried out by the executive body that implements the functions of developing and implementing state policy and regulatory regulation relations in the field of healthcare, executive supervisory structures working in the areas of ensuring the sanitary and epidemiological well-being of citizens, protecting consumer rights, and statistical accounting. The procedure for their activities within the framework of implementing regulations is established by the government. In monitoring and assessing the effectiveness of the implementation of the stipulated regulations The subjects of the Russian Federation participate in activities in accordance with regional legislation, as well as on the basis of agreements with the executive federal body that carries out the development and implementation of these measures, as well as ensuring legal regulation in the healthcare sector.

Use of assessment and monitoring results

Based on the indicators obtained by analyzing the effectiveness of the implementation of the planned measures aimed at preventing the negative effects of smoke and reducing the consumption of products containing tar and nicotine, the executive federal body, performing the functions of developing and implementing state policy and implementing regulatory regulation in the field of healthcare, carries out:

  1. Informing authorized regional government structures, municipalities and citizens about the scale of consumption of products restricted in circulation, as well as implemented or planned measures aimed at reducing it.
  2. Development of measures aimed at combating the spread and illegal sale products. They are subject to inclusion in targeted programs for the protection and promotion of health, as well as in the state strategy for the development of the health care system.
  3. Preparation and presentation of a report on the Russian Federation’s implementation of the provisions of the WHO Framework Convention on Tobacco Control.

Key principles for ensuring public protection

Protecting the health of citizens from the negative effects of smoke and the consequences of tobacco use is based on:


Powers of government agencies

As part of the implementation of the provisions of Federal Law 15, federal structures provide:

  1. Implementation of a unified state policy in the field of protecting public health from the negative effects of smoke and the consequences of consuming products containing nicotine and tar.
  2. Protection of civil and human rights in the field of ensuring sanitary and epidemiological well-being.
  3. Providing medical care to the population aimed at stopping the use of tobacco products, treatment for addiction and the consequences of consuming products, in health care institutions in accordance with current regulations.
  4. Development and implementation of measures to protect the health of citizens, their inclusion in target programs and the state strategy for the development of the healthcare system.
  5. Coordination of the work of executive bodies of state power, regional government structures in the field of protecting the population from the negative effects of smoke and the consequences of using tobacco products.
  6. Organization and implementation state control in the field of ensuring the health of citizens.
  7. International cooperation of the Russian Federation, including the conclusion of agreements and contracts with relevant structures foreign countries in the field of protecting the population from the negative effects of smoke and consumption of tobacco products.

The powers of government agencies also include assessing the effectiveness and monitoring the implementation of all measures aimed at reducing the volume of production and distribution of products containing tar and nicotine. The procedure for performing duties and the limits of competence of these structures are determined by government regulations. It also monitors the activities of authorized structures in the field of protecting public health from the effects of tobacco.