In 2021, smokers will need to consider a number of important legislative changes. New bans are being introduced and the cost of cigarettes will continue to rise.
Smoke in a building
In 2013, Law FZ-15 "On the protection of citizens' health against the effects of second-hand tobacco smoke, the consequences of tobacco consumption…" was adopted. According to article 9 of this legislative act, the right of every citizen to a favorable living environment is affirmed.Clause 10 of Part 1 of Article 12 sets out a direct ban on smoking in the common areas of apartment buildings, in particular in entrances.On the basis of the housing code, common property includes premises outside the apartments and intended to serve more than one room in the house.
Public places where smoking is prohibited also include:
- stairs;
- elevators;
- technical floors, attics and cellars.
In addition, a ban on smoking in playgrounds has been established.
These measures aim to protect citizens from second-hand smoke and are designed to limit the spread of the bad habit, for example among children.
Part 2 of article 12 of the aforementioned law defines the places where smoking is permitted. Based on part 6 of article 12, local authorities can restrict smoking by adopting regional regulations.
What do you think of the established smoking bans in public places?
Positive, tired of breathing smoke Positively, but we did not smoke less Negative, it violates my rights Neutral
Where you can smoke. Requirements for smoking areas
Formally, smoking near the entrance to a building is not prohibited, since article 12 of FZ-15 only provides for a ban on smoking in common areas. The Department of Health has considered a bill to ban smoking near the entrance, but these amendments have not yet been adopted. In order not to violate the rights of others, 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 a sports field, as well as a transport stop.
It is also allowed to smoke:
- the apartment is private property, not a public place, so the prohibitions do not apply;
- 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 are uncomfortable with the smoke, or if there is ash, cigarette butts, etc. fall on their balcony.
"Smoking rooms" are rarely provided for in the apartment building project. But if they wish, residents can equip them independently, separating a certain common space. It must be marked - for example, with a "Smoking area" sign - and fitted with a special hood. Also, a smoking area can be set up outside. When allocating such a place, residents should take into account the opinions of neighbors and obtain support at the general meeting of residents.
Changes in 2021
Smoking has been prohibited in public places since 2013. Thus, smoking is permitted 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 reconstituted since 2021. On the basis of the government decree "on the approval of the rules of the fire regime", from January 2021, a smoking ban hasbeen introduced:
- in medical institutions;
- in shops ;
- in warehouses;
- on hay fields and grain reception points;
- at petrol stations;
- in the transports ;
- in schools, universities and kindergartens;
- at explosives production points.
The management of classified establishments should post the rules of the fire regime and information on the smoking ban. The exception will be specially equipped smoking areas, marked with a "Smoking area" sign.
Increase in excise taxes on cigarettes
The measure to increase the cost of cigarettes has become an effective mechanism to combat smoking, and cigarette sales are statistically declining. 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 the price of cigarettes.
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 begin to be calculated taking into account the minimum excise rate per 1, 000 cigarettes, the VAT rate and a multiplier of 1. 4. The regulation comes into force onApril 1, 2021.
Responsibility for smoking in public places
Neighbors can complain about the offender of the smoking ban to the district police officer - and then he has the right, on the basis of Article 23. 3 of the Code of Administrative Offenses (CAO), to'' initiate an administrative infringement procedure.
Based on current legislation, several types of liability for smoking in public places are permitted:
- administrative- the most common sanction for smokers, involving a fine;
- civil right- if it is established that the smoker by his acts has violated the rights of neighbors.
If a person smokes in the workplace, he or she incurs disciplinary responsibility.
Sanctions and penalties for smoking in the wrong place are set out in Article 6. 24 of the Administrative Code. If a smoker inadvertently breaks the law and is unaware of the prohibitions, it does not relieve them of responsibility.
In addition to smokers, management companies can be held responsible. The responsibilities of the management company include the good maintenance of common goods, the implementation of sanitary and epidemiological measures and the control of fire safety. Therefore, depending on the results of the fire watch or Rospotrebnadzor control, violations of fire safety rules may be detected and the management company will be held liable under part 2 of article 6. 25 of theadministrative code. Fines for legal persons are about twice as high as for civil servants.
An administrative sanction is imposed on citizens over 16 years of age. If adolescents smoke at the entrance, the district police officer may further submit the protocol to the Juvenile and Children's Commission and has the right to register it.
In addition to penalties for violation of health protection legislation, a claim for compensation for moral injury can be filed against a smoker on the basis of Clause 6 of Part 1 of Article 9 of FZ-15.
In summary
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 play areas.If the smoking ban is violated, a person incurs administrative liability in the form of a fine.If a neighbor smokes at home, it may violate the rights of other owners.
From 2021, new smoking bans in healthcare facilities, shops and warehouses will be introduced. It was also decided to increase the excise duty on cigarettes by 20% instead of the 4% previously foreseen, which will lead to a proportional increase in the price of cigarettes.