In 2021, smokers will have to consider a number of important legislative changes. New bans are being imposed and the price of cigarettes will continue to rise.
Smoking in a residential building
In 2013, the Law "On protection of citizens' health from the effects of second-hand tobacco smoke and the consequences of tobacco consumption. " FZ-15 was adopted. According to Article 9 of this legislative act, the right of all citizens to a favorable living environment is established.Paragraph 10 of Part 1 of Article 12 provides for a direct ban on smoking in common areas of apartment buildings, especially at entrances.According to the Housing Code, common property includes buildings located outside apartments and intended to serve more than one building in the house.
Public places where smoking is prohibited include:
- stairs;
- elevators;
- technical floors, attics and basements.
In addition, smoking in children's playgrounds is prohibited.
These measures are intended to protect citizens from second-hand smoke and to limit the spread of bad habits, such as among children.
Part 2 of Article 12 of the above law defines the places where smoking is allowed. Pursuant to Article 12 (6), local authorities may restrict smoking by adopting regional regulations.
How do you feel about the ban on smoking in public places?
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Where to smoke. Smoking requirements
Formally, smoking near the entrance of a residential building is not prohibited, as Article 12 of FZ-15 prohibits smoking only in public places. The Ministry of Health has considered a bill banning smoking near the entrance, but such amendments have not yet been adopted. In order not to violate the rights of other people, it is recommended to smoke only 15 m from the entrance. The main thing is that this place is not a playground or sports field, as well as a parking lot.
Smoking is also allowed:
- the apartment is not a public place, but a private property, so the prohibitions do not apply to it;
- on the balcony;
- in specially equipped places.
Neighbors' rights should not be violated when smoking in the apartment or on the balcony. Smoke, ash, cigarette butts, etc. on the balconies. They can complain to law enforcement or regulatory agencies if they are concerned about falling.
"Smoking rooms" are rarely included in the design of apartment buildings. However, if they want, residents can allocate a certain common area and provide it independently. It must be marked - for example, with the sign "Smoking area" - and equipped with a special hood. An outdoor smoking area can also be arranged. Residents should take into account the views of neighbors when allocating such a place and get support from the general meeting of residents.
Changes in 2021
Smoking in public places has been banned since 2013. Thus, smoking is allowed at least 15 meters from the entrance to the airport or train station.The list of facilities where the smoking ban is applied will be updated from 2021. According to the government's decision "On approval of the rules of the fire regime", smoking will be banned from January 2021:
- in medical institutions;
- in stores;
- in warehouses;
- in hayfields and grain receiving points;
- at gas stations;
- in transport;
- in schools, universities and kindergartens;
- at explosives production points.
The management of the listed establishments should post the rules of the fire regime and information on the prohibition of smoking. Exceptions will be specially designated smoking areas marked with a "Smoking Area" sign.
Increasing excise taxes on cigarettes
Measures to increase the cost of cigarettes have become an effective mechanism to combat smoking, and cigarette sales are statistically declining. From January 2021, excise taxes on cigarettes will be indexed to 20% (instead of the planned 4%), which will automatically increase the price of cigarettes.
Also in December 2020, a law was adopted on changes to the minimum price of tobacco products.The price will be the same for all cigarette manufacturers and will be calculated taking into account the minimum excise rate per 1, 000 cigarettes, the VAT rate and the multiplier of 1. 4. The rule will come into force on April 1, 2021.
Responsibility for smoking in public places
Neighbors can complain to a district police officer about a person who violates the smoking ban - and then he has the right to initiate an administrative violation case under Article 23. 3 of the Code of Administrative Offenses (CAO).
Under current law, there are several types of liability for smoking in public places:
- administrative- the most common penalty for smokers;
- civil law- if it is established that the smoker violates the rights of his neighbors by his actions.
If a person smokes in the workplace, then he faces disciplinary action.
Penalties and fines for smoking in the wrong place are set out in Article 6. 24 of the Code of Administrative Offenses. If a smoker unknowingly breaks the law and is unaware of the prohibitions, this does not absolve him of responsibility.
In addition to smokers, management companies can also be prosecuted. The responsibilities of the management company include proper maintenance of common property, provision of sanitary-epidemiological measures, control over fire safety. Therefore, as a result of fire control or Rospotrebnadzor control, a violation of fire safety rules may be detected and the management company will be held liable in accordance with Article 25. 2 (2) of the Administrative Code. Fines for legal entities are about twice as high as for officials.
Administrative fines are imposed on citizens over 16 years of age. If a teenager smokes at the entrance, the district police officer may additionally submit the protocol to the juvenile and children's commission and has the right to register it.
In addition to fines for violations of health legislation, a claim may be made for non-pecuniary damage against a smoker under Article 9 § 1 (6) of the FZ-15.
Summary
Thus, since 2013, the legislation of our country prohibits smoking in public places. These places include entrances and elevators, as well as playgrounds.Violation of the smoking ban is punishable by a fine.If a neighbor smokes in the house, it may violate the rights of other owners.
From 2021, new bans on smoking in health care facilities, shops and warehouses will be introduced. It was also decided to increase the excise tax on cigarettes by 20% instead of the previously planned 4%, which will lead to a proportional increase in the price of cigarettes.