In 2021, smokers will have to consider a number of important legal changes. New bans are being introduced and the price of cigarettes will continue to rise.
Smoking in an apartment building
In 2013, the Law FZ-15 "On the protection of the health of citizens from the effects of tobacco smoke, the consequences of tobacco consumption" was adopted. . . ". According to Article 9 of this legal act, the right of all citizens to a favorable environment is affirmed.Item 10 of Part 1 of Article 12 prescribes a direct ban on smoking in common areas of residential buildings, and especially in entrances.Pursuant to the Housing Act, common property includes spaces outside the apartments and is intended to serve more than one room in the house.
Public places where smoking is prohibited are:
- stairs;
- elevators;
- technical floors, attics and basements.
In addition, a ban on smoking on playgrounds has been established.
These measures aim to protect citizens from secondhand smoke and are designed to limit the further spread of bad habits, for example, among children.
Part 2 of Article 12 of the said law defines the places where smoking is allowed. Pursuant to Part 6 of Article 12, local authorities may restrict smoking by adopting regional regulations.
What do you think about the introduced bans on smoking in public places?
Positive, tired of inhaling smoke Positive, but we didn't smoke less Negative, this 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 common areas. 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 at a distance of 15 m from the entrance. Most importantly, this place is not a playground or sports field, nor a transportation stop.
Smoking is also allowed:
- the apartment is privately owned, not a public place, so prohibitions on it do not apply;
- on the balcony;
- in specially equipped places.
Smoking in the apartment or on the balcony should not violate the rights of neighbors. They can complain to law enforcement or regulatory bodies if they are uncomfortable with smoke, ash, cigarette butts, etc. fall on the balcony.
In residential building projects, "smoking rooms" are seldom provided. But if desired, residents can equip them independently by separating a certain common space. When allocating such a place, tenants should take into account the opinion of neighbors and receive support at the tenants ’assembly.
Changes in 2021
Smoking in public places has been banned since 2013. Therefore, smoking is allowed at a distance of at least 15 meters from the entrance to the airport or train station.The list of facilities where the smoking ban was introduced will be updated from 2021. From January 2021, on the basis of the Government Decree "On the adoption of the rules on fire regime", a smoking ban was introduced:
- in medical institutions;
- in stores;
- in warehouses;
- on hayfields and grain receiving points;
- at gas stations;
- in transport;
- in schools, universities and kindergartens;
- at explosives production sites.
The management of these institutions should publish rules on the fire regime and information on smoking bans. The exception will be specially arranged rooms for smokers, marked with the sign "Smoking area".
Increase in excise duties on cigarettes
The measure to increase the price of cigarettes has become an effective mechanism for combating smoking, and sales of cigarettes are declining statistically. 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 1, 000 cigarettes, the VAT rate and the multiplier of 1, 4. The regulation will enter into force on April 1, 2021.
Responsibility for smoking in public places
Neighbors can complain to the district police officer about the violator of the smoking ban - and then he has the right, based on Article 23. 3 of the Law on Administrative Misdemeanors (LAP), to initiate proceedings for an administrative misdemeanor.
Under current legislation, several types of liability are allowed for smoking in public places:
- administrative- the most common penalty for smokers, which includes a fine;
- civil law- if it is determined that the smoker has violated the rights of the neighbor by his actions.
If a person smokes in the workplace, then he faces disciplinary responsibility.
Penalties and penalties for smoking in the wrong place are prescribed in Article 6. 24 of the Administrative Code. If a smoker has inadvertently violated the law and was unaware of the prohibitions, this does not absolve him of responsibility.
In addition to smokers, management companies may also be 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 protection. Therefore, according to the results of fire control control or Rospotrebnadzor, violations of fire protection rules may be detected and the management company will be liable under Part 2 of Article 6. 25 of the Administrative Code. Penalties for legal entities are about twice as high as for officials.
Citizens over the age of 16 are subject to an administrative penalty. If adolescents smoke 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 penalties for violating the law on health care, a claim for compensation for moral damage may be filed against smokers on the basis of item 6 of part 1 of Article 9 of FZ-15.
Compression
Thus, 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 violating the smoking ban, the person faces administrative liability in the form of a fine.If a neighbor smokes at home, it can 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 previously planned 4%, which will proportionally lead to an increase in the price of cigarettes.