In 2021, smokers will have to take into account a number of important legislative changes. New bans are introduced and the cost of cigarettes will continue to rise.
Smoking in an apartment building
In 2013, the law FZ-15 was adopted "On the protection of the health of citizens from the effects of second-hand tobacco smoke, the consequences of tobacco consumption. . . ". According to Article 9 of this legislative act, 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 the common areas of condominiums, in particular in the entrances.According to the Housing Code, 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, attics and basements.
In addition, a ban on smoking in playgrounds has been established.
These measures are aimed at protecting citizens from passive smoking and are aimed at limiting the further spread of the bad habit, for example, among children.
Part 2 of Article 12 of the aforementioned law defines the places where smoking is permitted. Under Part 6 of Article 12, local authorities can restrict smoking through the adoption of regional regulations.
What do you think of the bans established on smoking in public places?
Positive, tired of breathing smoke Positive, but we didn't smoke less Negative, this violates my rights Neutral
Where you can smoke. Smoking area requirements
Formally, smoking is not prohibited near the entrance to an apartment building, as Article 12 of the FZ-15 only provides 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 adopted. In order not to violate the rights of other people, it is recommended to smoke only within a distance of 15 m from the entrance. The main thing is that this place is not a playground or a sports field, as well as a transport stop.
Smoking is also allowed:
- the apartment is private property, not a public place, therefore 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 report to law enforcement or regulatory authorities if they are uncomfortable with smoking, or if ash, cigarette butts, etc. they fall on their balcony.
"Smoking rooms" are rarely included in the condominium project. But if desired, residents can independently equip them by separating a certain common area. It must be marked - for example with a "Smoking area" sign - and equipped with a special hood. In addition, it is possible to set up an outdoor smoking area. When assigning such a seat, residents should take into account the opinion of neighbors and get support at the general meeting of residents.
Changes in 2021
Since 2013 it is forbidden to smoke in public places. 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 in which the smoking ban was introduced has been filled in since 2021. According to the Government Decree "On the approval of the rules of the fire regime", a ban on smoking was introduced from January 2021:
- in medical institutions;
- in stores;
- in warehouses;
- on hay fields and grain collection points;
- at service stations;
- in transport;
- in schools, universities and kindergartens;
- at explosives production points.
The management of the listed institutions should publish the rules of the fire regime and information on the ban on smoking. The exception will be specially organized smoking areas, marked with a "Smoking Area" sign.
Increase in excise duties on cigarettes
The measure to increase the cost of cigarettes has become an effective mechanism to combat smoking, and cigarette sales are statistically declining. From January 2021, excise duties on cigarettes will be indexed by 20% (instead of the expected 4%), which will automatically lead to an increase in cigarette prices.
Also in December 2020, a law was passed on changes to the minimum price for tobacco products.The price will be the same for all cigarette manufacturers and will start to be calculated taking into account the minimum rate of excise duty for 1, 000 cigarettes, the VAT rate and a multiplier of 1, 4. The regulation will enter into force on 1st April 2021.
Liability for smoking in public places
Neighbors can report the violator of the smoking ban to the district police officer - and therefore has the right, based on Article 23. 3 of the Code of Administrative Offenses (CAO), to initiate administrative offense proceedings.
According to current legislation, different types of liability for smoking in public places are allowed:
- administrative- the most common punishment for smokers, which includes a fine;
- civil right-if it is established that the smoker with his actions violated the rights of neighbors.
If a person smokes in the workplace, he faces disciplinary responsibility.
The 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 is 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 the proper maintenance of the common property, the provision of sanitary and epidemiological measures and the control of fire safety. Thus, based on the results of the fire supervision control or Rospotrebnadzor, violations of the fire safety regulations can be detected and the management company will be held liable under Article 6. 25, Part 2, of the Administrative Code. Fines for legal entities are about double those for officials.
There is an administrative penalty for citizens over the age of 16. If adolescents smoke at the entrance, the district police officer can additionally submit the protocol to the Committee on Minors and Children's Affairs and has the right to register it.
In addition to the penalties for violating health protection legislation, a smoker can make a claim for compensation for non-pecuniary damage on the basis of clause 6 of part 1 of article 9 of FZ-15.
summing up
Therefore, the legislation of our country since 2013 contains a ban on smoking in public places. Among these places are entrances and elevators, as well as playgrounds.For violation of the smoking ban, a person faces administrative liability in the form of a fine.If a neighbor smokes in the house, this 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 tax on cigarettes by 20% instead of the 4% previously foreseen, which will lead to a proportional increase in the price of cigarettes.