In 2021, smokers will have to consider a number of important legislative changes. New bans will be introduced and the cost of cigarettes will continue to rise.
Smoking in an apartment building
In 2013 the law FZ-15 "On the protection of the health of citizens from the effects of secondhand smoke, the consequences of tobacco consumption. . . " Was passed. According to Article 9 of this law, the right of all citizens to a favorable living environment is reaffirmed.Article 12 (10) Part 1 prescribes an immediate ban on smoking in common areas of apartment buildings, especially in entrances.On the basis of the Housing Act, communal property includes rooms outside the apartments that are intended to serve more than one room in the house.
Public places where smoking is prohibited also include:
- Stairs;
- Elevators;
- technical floors, attics and basements.
In addition, a ban on smoking was established in playgrounds.
These measures serve to protect citizens from passive smoking and are intended to limit the further 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. On the basis of Part 6 of Article 12, local authorities can restrict smoking by adopting regional regulations.
How do you feel about the existing smoking bans in public places?
Positive, tired of smoking Positive, but we didn't smoke less Negative, that hurts my rights Neutral
Where you can smoke. Requirements for the smoking area
Formally, smoking near the entrance of an apartment building is not prohibited, as Article 12 of FZ-15 only provides for a ban on smoking in common rooms. The Ministry of Health is considering a law banning smoking near the entrance, but such changes have not yet been passed. In order not to violate the rights of other people, it is recommended that you only smoke within 15 m of the entrance. The main thing is that this place is not a playground or sports field, as well as a traffic stop.
Smoking is also allowed:
- the apartment is private property, not a public place, therefore the prohibitions do not apply;
- on the balcony;
- at specially equipped places.
Smoking in an apartment or on a balcony must not violate the rights of the neighbors. They can complain to law enforcement or regulatory agencies if they are uncomfortable with smoke, or if ashes, cigarette butts, etc. fall on their balcony.
"Smoking rooms" are seldom included in the multi-family house project. If desired, however, the residents can equip these independently by separating a certain common area. It must be marked - for example with a sign "Smoking area" - and equipped with a special hood. A smoking area can also be set up outdoors. When allocating such a space, the residents should consider the opinion of their neighbors and agree to the general meetingget support.
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 entrance to the airport or train station.The list of objects where a smoking ban has been introduced has been supplemented since 2021. On the basis of the government decree "On the approval of the rules of the fire regime", a smoking ban was introduced from January 2021:
- in medical institutions;
- in the shops;
- in warehouses;
- on hay fields and grain receiving points;
- at gas stations;
- in the traffic;
- in schools, universities and kindergartens;
- at explosives production facilities.
The management of the listed facilities should publish the rules of the fire regime and information on the ban on smoking. This does not apply to specially set up smoking areas that are marked with a "Smoking area" sign.
Increase in excise duties on cigarettes
The measure to increase cigarette prices has become an effective tool in the fight against smoking, and cigarette sales are falling statistically. From January 2021, the excise duties on cigarettes will be indexed by 20% (instead of the planned 4%), which automatically leads to an increase in cigarette prices.
Also in December 2020, a law to change the minimum price for tobacco products was passed.The price is the same for all cigarette manufacturers and is calculated taking into account the minimum consumption tax rate for 1, 000 cigarettes, the VAT rate and a multiplier of 1. 4. The ordinance comes into force on April 1st, 2021.
Responsibility for smoking in public places
Neighbors can complain about the violation of the smoking ban to the district police officer - who then has the right to initiate administrative offense proceedings on the basis of Article 23. 3 of the Ordinance on Administrative Offenses (EVO).
Due to current legislation, different types of liability for smoking are allowed in public places:
- administrative- the most common penalty for smokers, which includes a fine;
- civil right- if it is established that the smoker has violated the rights of the neighbors through his actions.
If a person smokes in the workplace, he or she must be held disciplinary.
Penalties and penalties for smoking in the wrong place are set out in Article 6. 24 of the Administrative Code. If a smoker has unintentionally broken the law and was unaware of the prohibitions, this does not release him from responsibility.
In addition to smokers, management companies can also be held accountable. The tasks of the management company include the proper maintenance of the common property, the provision of sanitary and epidemiological measures as well as the control of fire protection. Therefore, according to the results of the control of the fire supervisor or Rospotrebnadzor, violations of fire safety regulations can be found and the management company will be held liable in accordance with Article 6. 25 of Part 2 of the Administrative Code. The fines for legal persons are about twice as high as for civil servants.
An administrative fine is imposed on citizens over 16 years of age. If young people smoke in the entrance, the district police officer can also submit the protocol to the Commission for Youth and Children Affairs and has the right to register it.
In addition to the penalties for violating the Health Protection Act, a right to compensation for moral damage can be asserted against a smoker on the basis of Article 9 Part 1 Section 6 of FZ-15.
Sum up
Since 2013, the legislation of our country has included a ban on smoking in public places. These places include entrances and elevators, as well as playgrounds.Violation of the smoking ban threatens a person with an administrative penalty in the form of a fine.Smoking a neighbor at home could violate the rights of other owners.
From 2021, new smoking bans will be introduced in healthcare facilities, shops and warehouses. It was also decided to increase the excise duty on cigarettes by 20% instead of the previously planned 4%, which will lead to a proportional increase in the price of cigarettes.