In 2021, smokers will have to take into account a number of important legislative changes. New bans are being introduced and the price of cigarettes will continue to rise.
Smoking in a residential building
In 2013, Law FZ-15 "On protecting the health of citizens from the effects of secondary tobacco smoke, the consequences of tobacco consumption" was adopted. . . According to Article 9 of that legislation, the right of all citizens to a favorable living environment is affirmed.Clause 10 of Part 1 of Article 12 sets out a direct ban on smoking in common areas of residential buildings, in particular entrances.Based on the Housing Code, the common property includes premises outside the apartments and intended to serve more than one room in the house.
Public places where smoking is prohibited also include:
- stairs;
- elevators;
- technical floors, ceilings and basements.
In addition, smoking has been banned on playgrounds.
These measures are aimed at protecting citizens from second-hand smoke and are designed to limit the further spread of the bad habit, for example among children.
Part 2 of Art. 12 of the above law determines the places where smoking is allowed. Pursuant to Part 6 of Article 12, local authorities may restrict smoking by adopting regional regulations.
How do you feel about the established bans on smoking in public places?
Positive, tired of breathing smoke Positive but not smoking less Negative, it violates my rights Neutral
Where you can smoke. Smoking area requirements
Formally, smoking near the entrance to a residential building is not prohibited, as Article 12 of FZ-15 only provides for a ban on smoking in public areas. The health ministry has considered a bill to ban smoking near the entrance, but such amendments have not yet been passed. In order not to violate the rights of others, 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 ground, nor 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 on a balcony, the rights of neighbors should not be violated. They can complain to law enforcement or regulatory authorities if they are uncomfortable with smoke or ash, cigarette butts, etc. falling on their balcony.
"Smoking rooms" are rarely provided in the design of residential buildings. But if you wish, residents can equip them themselves, allocating a certain common area. It must be marked - for example with the sign "Smoking area" - and equipped with a special hood. Also, a smoking area can be organized outdoors. In allocating such a place, residents must take into account the views of neighbors and receive support from the general meeting of residents.
Changes in 2021
Smoking in public places has been banned since 2013. So smoking is allowed at a distance of at least 15 meters from the entrance to the airport or train station.The list of sites where a smoking ban has been introduced has been completed since 2021. Based on a government decree "On approval of the rules for the fire regime" from January 2021, a smoking ban was introduced:
- in medical institutions;
- in stores;
- in warehouses;
- at hayfields and grain receiving points;
- at gas stations;
- in transport;
- in schools, universities and kindergartens;
- in explosives manufacturing sites.
The management of the listed institutions must publish the rules for the fire regime and information on smoking bans. Exceptions will be specially organized smoking areas marked with a "Smoking Area" sign.
Increasing excise duties on cigarettes
The measure to increase the price of cigarettes has become an effective mechanism to combat smoking, and sales of cigarettes are statistically declining. From 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 was passed to change the minimum price of tobacco products.The price will be the same for all cigarette manufacturers and will start to be calculated taking into account the minimum excise rate for 1000 cigarettes, the VAT rate and a multiplier of 1, 4. The ordinance enters into force on April 1, 2021.
Responsibility for smoking in public places
Neighbors can complain about the violator of the district police officer's smoking ban - and then he has the right, based on Article 23. 3 of the Code of Administrative Offenses (CAO), to file a case for administrative violation.
Based on current legislation, several types of liability for smoking in public places are allowed:
- administrative- the most common penalty for smokers, including a fine;
- civil law- if it is established that the smoker has violated the rights of the neighbors with his actions.
If a person smokes in the workplace, he or she faces disciplinary action.
Penalties and sanctions for smoking in the wrong place are set out in Article 6. 24 of the Administrative Code. If a smoker has inadvertently broken the law and was unaware of the prohibitions, this does not release him from liability.
In addition to smokers, management companies can be held accountable. The responsibilities of the management company include proper maintenance of the common property, provision of sanitary and epidemiological measures and control over fire safety. Therefore, according to the results of the control of fire supervision or Rospotrebnadzor, violations of fire safety rules may be detected and the management company will be liable under Part 2 of Article 6. 25 of the Administrative Code. The fines for legal entities are about twice as high as those for officials.
An administrative penalty is imposed on citizens over 16 years of age. If adolescents smoke at the entrance, the district police officer may additionally submit the report to the juvenile and children's affairs commission and has the right to register it.
In addition to sanctions for infringements of health protection legislation, a smoker may be sued for compensation for non-pecuniary damage on the basis of Clause 6 of Part 1 of Article 9 of FZ-15.
Summary
Thus, the legislation of our country from 2013 contains a ban on smoking in public places. Among these places there are entrances and elevators, as well as playgrounds.For violating the ban on smoking a person faces administrative liability in the form of a fine.If a neighbor smokes at home, it may violate the rights of other owners.
From 2021, new smoking bans will be introduced in healthcare facilities, shops and warehouses. It has also been 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.