In 2021, smokers will have to consider a number of important legislative changes. New bans are being introduced and the cost of cigarettes will continue to rise.
Smoking in an apartment building
In 2013, 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 provides for a direct ban on smoking in common areas of residential buildings, in particular, at the entrance.According to the Housing Code, the common property includes premises outside the apartments and intended to serve more than one premises in the house.
Public places where smoking is prohibited also include:
- stairs;
- elevators;
- technical floors, attics and basements.
Also, smoking has been banned in playgrounds.
These measures are intended to protect citizens from second-hand smoke and are designed to limit the further spread of the bad habit, for example, to children.
Part 2 of Article 12 of the above law defines the places where smoking is allowed. Based on section 6 of Article 12, local authorities may restrict smoking through the adoption of regional regulations.
How do you feel about the ban on smoking in public places?
Positive, tired of smoking Positively, but no less smoking Negative, it violates my Neutral rights
Where you can smoke. Tobacco area requirements
Formally, smoking near the entrance of an apartment building is not prohibited, as Article 12 of FZ-15 provides only for a ban on smoking in common areas. The Ministry of Health reviewed a bill banning smoking near the entrance, but such changes have not yet been approved. In order not to violate the rights of other people, 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 field, as well as a transport stop.
Smoking is also allowed:
- the apartment is private property, not public place, so 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 do not feel comfortable with smoke, or ash, cigarette butts, etc. fall on their balcony.
"Smoking rooms" are rarely envisaged in the mansions project. But if you wish, residents can equip them independently by sharing a certain common area. It should be marked - for example, with a sign "Smoking area" - and equipped with a special hood. Also, a smoking area can be arranged outside. When assigning such a place, residents should take into account the opinion of neighbors and receive support at 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 of the airport or train station.The list of facilities where smoking has been banned has been replenished since 2021. Based on the Government Decree "On the approval of the rules of the fire regime", from January 2021, it was decided to ban smoking:
- in medical institutions;
- in stores;
- in warehouses;
- in grass fields and grain-taking points;
- at gas stations;
- in transport;
- in schools, universities and kindergartens;
- at explosives production points.
The management of the listed institutions should post the rules of the fire regime and information on smoking cessation. Exceptions are areas specially organized for smoking, marked with the sign "Smoking area".
Increase in excise duty on cigarettes
The measure to increase the cost of cigarettes has become an effective mechanism to combat tobacco and cigarette sales are statistically declining. From January 2021, the excise tax 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, the law on changes in the minimum price of tobacco products was adopted.The price will be the same for all cigarette manufacturers and will start to be calculated taking into account the minimum excise rate per 1000 cigarettes, the VAT rate and the multiplier 1. 4. The regulation enters into force on 1 April 2021.
Responsibility for smoking in public places
Neighbors can complain to the county police officer about the smoking cessation offender - and then he has the right, under section 23. 3 of the Code of Administrative Offenses (KAO), to initiate an administrative offense case.
Based on current legislation, several types of liability are allowed for smoking in public places:
- administrative- the most common punishment for smokers, which includes a fine;
- civil law- if it is proven that the smoker with his actions has violated the rights of neighbors.
If a person smokes in the workplace, then he or she faces disciplinary liability.
Penalties and fines 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 absolve him from liability.
In addition to smokers, management companies can also be held responsible. 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. Therefore, according to the results of the fire surveillance control or Rospotrebnadzor, violations of fire safety rules may be detected and the management company will be held liable under Part 2 of Article 6. 25 of the Administrative Code. Fines for legal entities are about twice as high as for officials.
The administrative penalty is imposed on citizens over 16 years of age. If teenagers smoke at the entrance, the county police officer may submit the additional protocol to the juvenile and child affairs commission and has the right to register it.
In addition to penalties for breaches of health protection legislation, a claim for compensation for non-pecuniary damage may be brought against a smoker under point 6 of part 1 of article 9 of FZ-15.
In summary
Thus, the legislation of our country since 2013 contains the prohibition of smoking in public places. Among these places are entrances and elevators, as well as playgrounds.For violation of the prohibition of smoking, a person faces administrative liability in the form of a fine.If a neighbor smokes in the house, then this may infringe on the rights of other owners.
From 2021, new smoking bans will be imposed on healthcare facilities, shops and warehouses. It was also decided to increase the excise tax on cigarettes by 20% instead of the 4% previously planned, which will proportionally lead to an increase in the price of cigarettes.