By 2021, smokers will have to consider some important legislative changes. The new ban is being introduced, and the cost of cigarettes will continue to rise.
Smoking in an apartment building
In 2013, the FZ-15 Law on "Protecting the Health of Citizens from the Effects of Second-hand Tobacco Smoke and the Consequences of Tobacco Consumption. . . " was passed. According to Article 9 of the Legislative Law, the right of all citizens to enjoy a good living environment is confirmed.Article 12, Part 1, Article 10 directly prohibits smoking in the public areas of apartment buildings, especially at the entrance.According to the Housing Law, common property includes the house outside the apartment, which aims to provide services for multiple houses in the house.
Public places where smoking is prohibited also include:
- stairs;
- elevator;
- Technical floors, lofts and basements.
In addition, there are regulations prohibiting smoking in the playground.
These measures are designed to protect citizens from second-hand smoke and to limit the further spread of bad habits, such as the spread among children.
Article 12 Part 2 of the above-mentioned law stipulates places where smoking is permitted. According to Article 12 Part 6, local authorities can restrict smoking by adopting regional regulations.
What do you think of the smoking ban in public places that has been enacted?
Positive, tired of inhaling smoke. Positive, but we don’t smoke less. Negative, it violates my right. Neutral
A place where you can smoke. Smoking area requirements
Officially, smoking near the entrance of an apartment building is not forbidden, because Article 12 of FZ-15 only stipulates that smoking is prohibited in public areas. The Ministry of Health considered a bill banning smoking near the entrance, but such amendments have not been passed. In order not to infringe on the rights and interests of others, it is recommended to smoke within 15m from the entrance. The main thing is that this place is not a playground or sports field, nor a traffic 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 an apartment or balcony, you should not infringe the rights of your neighbors. If they feel uncomfortable with smoke, soot, cigarette butts, etc. falling on the balcony, they can complain to law enforcement or regulatory agencies.
Few "smoking rooms" are provided in apartment building projects. But if necessary, residents can equip them independently by dividing certain public areas. It must be marked-for example, with a "smoking area" sign-and be equipped with a special range hood. In addition, a smoking area can be arranged outdoors. In allocating such places, residents should consider the opinions of their neighbors and get support at the residents' assembly.
Changes in 2021
Since 2013, smoking has been banned in public places. Therefore, smoking is allowed within a distance of at least 15 meters from the entrance of the airport or railway station.Since 2021, the list of people who have introduced smoking bans has been supplemented. According to the government decree on the approval of fire protection system rules, from January 2021, a smoking ban has been introduced:
- In a medical institution;
- In the shop
- In the warehouse
- At hay fields and grain receiving points;
- At the gas station
- transporting;
- In schools, universities and kindergartens;
- At the explosive production point.
The management of the listed institutions shall post the rules of the fire protection system and information on smoking bans. Smoking areas of special organizations are excluded and marked with a "Smoking Area" sign.
Increase cigarette excise tax
Measures to increase the cost of cigarettes have become an effective mechanism for combating smoking, and cigarette sales have shown a downward trend in statistics. From January 2021, the cigarette excise tax will be indexed at 20% (instead of the planned 4%), which will automatically cause cigarette prices to rise.
Also in December 2020, a law on changing the minimum prices of tobacco products was passed.The prices of all cigarette manufacturers will be the same, and the minimum excise tax, value-added tax rate and 1. 4 multiplier for 1, 000 cigarettes will be taken into consideration when starting the calculation. This regulation will take effect on April 1, 2021.
Responsibility for smoking in public places
The neighbor can file a complaint with the district police about the person who violated the smoking ban—then he has the right to file an administrative violation under Article 23. 3 of the Administrative Violation Act (CAO).
According to current legislation, there are several types of responsibilities that allow smoking in public places:
- Administration-The most common punishments for smokers, including fines;
- Civil law-If it is determined that the smoker's behavior violated the neighbors' rights.
If a person smokes in the workplace, he or she will face disciplinary action.
Article 6. 24 of the Administrative Law stipulates the penalties and penalties for smoking in the wrong place. If a smoker inadvertently breaks the law and does not know the ban, this does not exempt him from responsibility.
In addition to smokers, management companies may also be held accountable. The responsibilities of the management company include proper maintenance of public property, provision of sanitary and epidemic measures, and control of fire safety. Therefore, based on the control results of the fire supervision or Rospotrebnadzor, a violation of the fire safety rules can be detected, and the management company will be liable in accordance with Article 6. 25 Part 2 of the Administrative Law. The fines for legal entities are approximately twice that of officials.
Administrative penalties shall be imposed on citizens who have reached the age of 16 years. If a minor smokes at the door, the district police officer may separately file with the minor and children's affairs committee and have the right to register.
In addition to penalties for violating health protection legislation, smokers can also be requested for mental damage compensation in accordance with FZ-15 Article 9, Part 1, Paragraph 6.
Add up
Therefore, our country's legislation since 2013 contains a ban on smoking in public places. These places include entrances and elevators, as well as playgrounds.Those who violate the smoking ban will face administrative responsibility in the form of fines.If a neighbor smokes at home, this may violate the rights of other owners.
From 2021, a new smoking ban will be implemented in medical institutions, stores and warehouses. It has also been decided to increase the consumption tax on cigarettes by 20% instead of the 4% previously planned, which will lead to a corresponding increase in cigarette prices.