In 2021, smokers will need to take into account some important legislative changes. New bans are being introduced and the cost of cigarettes will continue to rise.
Smoking in the apartment building
In 2013, Law FZ-15 "On protecting the health of citizens from the effects of secondhand tobacco smoke, as a result of tobacco use. . . " Was adopted. According to article 9 of this legislation, the right of all citizens to a favorable living environment is recognized.Clause 10 of Part 1 of Article 12 states a direct prohibition on smoking in the public areas of apartment buildings, in particular, at the entrances.Under the Housing Code, common property includes premises outside the apartment and is intended to serve more than one premises inside the home.
Non -smoking public areas also include:
- stairs;
- lift;
- technical floors, attics and basements.
In addition, a ban on smoking in playgrounds has been established.
These measures are intended to protect citizens from cigarette smoke and are designed to limit the spread of such bad habits, for example, among children.
Part 2 of Article 12 of the above law defines places where smoking is permitted. Pursuant to section 6 of article 12, local authorities may restrict smoking through the application of provincial regulations.
How do you feel about banning smoking in public places?
Positive, tired of inhaling smoke Positively, but we are no less smoking Negatively, this violates my rights Neutral
Where you can smoke. Smoking area requirements
Officially, smoking near the entrance of apartment buildings is not prohibited, because Article 12 FZ-15 only provides for a ban on smoking in public areas. The Ministry of Health is considering a bill banning smoking near entrances, but the amendment has yet to be adopted. In order not to violate the rights of others, it is recommended to smoke only within 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 a public place, so the prohibition does not apply to it;
- on the balcony;
- in a specially equipped place.
When smoking in the apartment or on the 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. fell on their balconies.
"Smoking rooms" are rarely provided in apartment building projects. But if desired, residents can equip them independently by separating certain common areas. It must be marked - for example, with the sign "Smoking area" - and equipped with a special lid. Alternatively, a smoking area can be arranged outside. When allocating such a place, residents should take into account the opinions of neighbors and seek 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 to the airport or train station.The list of objects for which a smoking ban has been introduced has been replenished since 2021. Based on the Government Decree "On approval of fire regime regulations", from January 2021, a smoking ban has been introduced:
- in medical institutions;
- in stores;
- in the warehouse;
- in dry grass fields and grain reception points;
- at gas stations;
- in transportation;
- in schools, universities and kindergartens;
- at the point of production of explosives.
The management of the listed institution should publish the rules of the fire regime and information on smoking bans. The exception is specially organized smoking areas, marked with the sign "Smoking Area".
Increase in excise tax 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, the excise tax on cigarettes will be indexed by the planned 20% (not 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.Prices will be the same for all cigarette manufacturers and will begin to be calculated taking into account the minimum excise rate for 1, 000 cigarettes, the VAT rate and a multiplier of 1. 4. The rule takes effect on April 1, 2021.
Responsibility for Smoking in Public Places
Neighbors can complain about violators of the smoking ban to the district police officer - and then he has the right, under Article 23. 3 of the Code of Administrative Offenses (CAO), to initiate a case of administrative offenses.
Under current legislation, several types of liability for smoking in public places are allowed:
- administration- the most common punishment for smokers, involving fines;
- civil law- if it is proven that the smoker by his actions violated the rights of neighbors.
If a person smokes at work, then he or she faces disciplinary liability.
Penalties and penalties for smoking in the wrong place are specified in Article 6. 24 of the Administrative Code. If a smoker inadvertently breaks the law and is unaware of the ban, this does not relieve him or her of responsibility.
In addition to smokers, management companies can be responsible. The responsibilities of the management company include the proper maintenance of the common property, the provision of sanitary and epidemiological measures, and control over fire safety. Therefore, according to the decision of fire supervisory control or Rospotrebnadzor, violations of fire safety regulations can be detected and the management company will be liable under Part 2 of Article 6. 25 of the Administrative Code. Fines for legal entities are about twice as high as for officials.
Administrative penalties are imposed on citizens aged 16 and above. If a teen smokes at the entrance, the district police officer may also submit a protocol to the commission on the affairs of minors and children, and have the right to register it.
In addition to penalties for violations of health protection laws, claims for compensation for moral damages may be filed against smokers under clause 6 of part 1 of article 9 FZ-15.
Adding up
Thus, our country's legislation since 2013 contains a ban on smoking in public places. Among these are entrances and lifts, as well as a playground.For violations of the smoking ban, a person faces administrative responsibility in the form of fines.If a neighbor smokes in the house, then this may violate the rights of other owners.
Beginning in 2021, a new ban on smoking in healthcare facilities, shops and warehouses will be introduced. It has also decided to raise the excise tax on cigarettes by 20% compared to the previously planned 4%, which will proportionally lead to an increase in cigarette prices.