Smoking areas in the stadium. Anti-tobacco law banning smoking in public places

You have already discussed the question: I am interested in the question about smoking in public places.

Firstly, it is unpleasant to breathe cigarette smoke. Secondly, some people are allergic to it, and this is already a health threat.

Unfortunately, it is often impossible to simply avoid cigarette smoke - it is everywhere: on the way to the metro, office and in the park. When I go to the office, I have to hold my breath while entering the building. Especially during lunch breaks.

What are legally considered public places where smoking is prohibited? How can you deal with such smokers?

If the territory belongs to the owner - for example, the adjacent territory of a business center - can he be obliged to ensure compliance with the law that restricts smoking?

Andrey, I agree with you that the smell of tobacco can be unpleasant for a non-smoker. But the law also protects the rights of smokers. If the territory does not belong to places where smoking is prohibited, a person with a lit cigarette does not violate the law.

Dmitry Sergeev

does not smoke and does not recommend it to others

In my answer I will discuss how to deal with those who smoke in public places.

Where you can smoke and where you can’t

Places where smoking is prohibited are listed in the law. Restrictions apply to premises, transport and some outdoor areas.

Close to schools, colleges and other educational institutions, as well as cultural, sports and youth affairs agencies.
Close to clinics, hospitals, sanatoriums and other institutions where similar services are provided.
Closer than 15 meters from the entrances to railway stations, bus stations, airports, sea and river ports, as well as metro stations.
On playgrounds and beaches.
On passenger platforms for commuter services.
At gas stations.

You should also not smoke in elevators and common areas - this includes even the entrance to a residential building. It is also prohibited to light a cigarette in transport, in hotels and rented apartments. Smoking is prohibited in premises where household services, trade and catering services are provided, in market premises and in non-stationary retail facilities. In fact, smoking is prohibited in any place where there may be visitors and business activity is carried out: from a large office to a canopy at a spontaneous market.

Explaining complex things in simple terms

We analyze the laws that affect you and your money. We send emails with the most important things twice a week

From a legal point of view, almost all premises are smoke-free zones. Unless, of course, the owner allocates a special place for smokers. The law allows him to do this. But even organizing a smoking area according to the law is not so easy for the owner. Just a “Smoking Area” sign and a trash can are not enough. Such a place must comply with the standards of the Ministry of Health and the Ministry of Construction. In addition to the sign, you will also have to install a trash can, and if the place is open, it will need to be illuminated at night. The closed place will also need to be equipped with a door to prevent smoke from penetrating into other rooms, a ventilation system and a fire extinguisher.

With open territory everything is more complicated. While smoking is strictly prohibited in a school stadium or playground, smoking is not prohibited by law at the entrance to a business center. It is impossible to hold people accountable for this, because smoking is not prohibited in any public place.

But this list of public places where smoking is prohibited is exhaustive. For smoking on the street, if this place is not included in such a list, a person cannot be punished by law.

Responsibility for smoking in the wrong place is administrative. This means that only police officers can bring a smoker to justice.

In practice, in public places, Article 6.24 of the Code of Administrative Offenses of the Russian Federation only works if the police officers saw for themselves that a person was smoking in the wrong place and filed a report. With neighbors everything is simpler: as a rule, they know at least the number of the apartment in which someone who likes to smoke in prohibited places lives. You can take a photograph of him and then show the photo to police officers, who will draw up a report on the administrative violation. By the way, you can do this with your neighbors even for every cigarette. There are no restrictions on the number of protocols for smoking.

But if you photograph smokers on the street, it most likely will not give results. It is difficult to match such photographs with a specific person. Even if you provide this information to the police, they most likely will not be able to identify the specific offender.

If a person believes that smokers are violating his right to a healthy environment, he can demand protection of his rights and compensation for harm caused in court. This is difficult, takes a lot of time, but nevertheless quite possible. We talked about one of these cases in the article. A man went through the courts for three years, proved he was right and received 5 thousand rubles from a neighbor who liked to smoke on the balcony as compensation for moral damage.

How to oblige the owner of the premises to ensure compliance with the law to restrict smoking

Provides liability specifically for smoking tobacco in unauthorized places. That is, only the person with the cigarette will be fined, and not the owner of the territory where he smokes.

It is also impossible to oblige the owner of the premises to take action against all smokers.

But it is possible to influence smokers if we are talking about employees of the owner of the premises or enterprise. The employer has the right, guided by law, to introduce a complete smoking ban on its territory.

But this is an employer’s right, not an obligation. It is impossible to force him to introduce such restrictions by law.

What can you really do in your case?

You can contact the owner of the premises and ask him to set up smoking areas away from the entrance to the business center or to organize specially equipped smoking areas inside the business center.

It is likely that such places already exist there. But not all visitors know about them, which is why they smoke at the entrance. In this case, you can ask the owner to place special signs so that everyone knows where they can smoke without causing inconvenience to others.

Remember:

You may be fined for smoking in an unauthorized place.
Only police officers can issue fines.
The owner of the premises cannot impose penalties on smokers himself.
The list of prohibited smoking areas is clearly specified in the law. There is a possibility that the area in front of the business center is not a prohibited area.

In 2013, Federal Law No. 15 “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” was adopted, which regulates the issues of banning smoking in public places, the spread of restrictions and the imposition of fines. The legislator has significantly increased the liability for violating smokers.

Article 12 of the Law contains an impressive list of places where smoking is prohibited. This provision has significantly limited the rights of a certain category of citizens who now cannot use tobacco in restaurants, sports institutions, and public places. The tightening of sanctions is reflected in the Administrative Code and the negative consequences in the form of fines affect not only smokers, but also organizations that ignore the new provisions of the Law. Based on the results of the first half of 2017 alone, the Rospotrebnadzor report indicated that the amount of fines for such violations of standards amounted to 60 million rubles.

In which places is smoking prohibited?

Smoking is prohibited in the following areas:

medical institutions, including sanatorium facilities and clinics;
educational and training organizations, such as schools, preschools, technical schools, universities (premises and surrounding area);
metro, airports, other transport facilities - within a radius of 15 meters;
cultural and sports facilities, such as circuses, philharmonic societies, theaters, stadiums;
public transport of any category of long-distance and suburban communication - buses, planes, trains, electric trains, train platforms, bus stops;
hotels, hostels, hotels and other establishments that specialize in providing temporary housing to individuals;
buildings of social institutions and services;
public spaces of the apartment building, elevators;
premises for the provision of services and places of trade;
buildings of government authorities at different levels;
gas stations;
beaches, playgrounds and playgrounds;
jobs.

An impressive list introduced a number of restrictions according to which smokers cannot use tobacco in cafes and restaurants, train vestibules and stops, near schools and on the territory of shopping malls. Responsible persons are required to place appropriate prohibition signs in the specified objects. Ignoring the instructions of either party entails legal consequences in the form of a fine for smoking in a public place.

Where are the rights of smokers not limited?

Implementation of the “anti-tobacco law” requires compliance with the main legal principle that everything that is not expressly prohibited is permissible. That is, before taking a cigarette, the smoker should make sure that he is not in the places listed above.

Cigarettes will not cause a fine if the distance from public institutions, cultural and sports facilities, and transport stops in open space is more than 15 meters.

A smoker can “smoke” without restrictions in a residential premises for personal use that meets the isolation criteria. The law cannot prohibit the disposal of one’s own apartment or house at one’s own discretion. The ban does not apply, inter alia, to the bathroom, toilet, balcony, loggia of your own place of residence.

Smoking is allowed in places specially designated for this purpose in institutions, restaurants, cafes, apartment buildings, and other buildings. Such places are designated as “smoking rooms” and are located in compliance with prohibited norms and restrictions.

How are designated areas organized?

In 2018, compared to 2017, the rules regarding smoking rooms did not change. Designated areas must meet the following criteria:

On the street: availability of ashtrays in sufficient quantities, installation of a special sign indicating “smoking area”, provision of lighting at night.
In the room: the presence of an appropriate sign, maximum isolation with the expectation that non-smoking employees, visitors and other persons will not smell tobacco smoke. Among other requirements, the premises must be equipped with ashtrays, a fire extinguisher and a high-quality ventilation system.

In addition to the above points, all types of smoking rooms are subject to requirements for compliance with hygienic and sanitary standards.

What are the fines for smoking?

Violation of the ban on smoking in unauthorized places, enshrined in Federal Law No. 15, provides for administrative liability under several articles of the Code of Administrative Offenses. Sanctions in the form of a fine include:

Article 6.25 of the Administrative Code. Violation of provisions regarding ignoring prohibited norms and organizational requirements by enterprises, organizations, and other legal entities - from 10,000 to 90,000 rubles.
Article 6.24 of the Administrative Code. Tobacco use in a public place – 500-1000 rubles, on a playground – 2000-3000 rubles.
Article 6.23 of the Administrative Code. Involving persons under the age of majority, including purchasing cigarettes for them, treating them to such products - 2000-3000 rubles for parents and 1000-2000 rubles for third parties.

What questions arise most often?

The answer is unequivocal - yes. The legislator has not yet introduced such restrictions. However, relevant initiatives are periodically put forward. Most often, neighbors are unhappy with this fact. Today, the only way to resolve the problem (other than trying to reach an agreement) is to file a civil claim in court for damages. The applicant will be required to prove in court the existence of harm to his life and health, as well as the creation by the smoker of real obstacles to the normal use of the premises and living in it.

Violation of sanitary standards must be recorded. For this purpose, specialists from Rospotrebnadzor are invited and a corresponding act is drawn up. The procedure for collecting sufficient evidence and protecting interests in court will require a lot of time and effort, but the possibility of defending your rights is not excluded.

In practice, smokers are faced with the problem of finding special places at the airport and train stations. “Smoking rooms” are installed in almost all Russian and world airports. These are well-ventilated, isolated rooms with ashtrays. If finding a special place caused difficulties, or it simply does not exist, smoking is allowed 15 meters from the object.

A common question is: is it possible to use tobacco products in a summer cafe?

No. Rospotrebnadzor outlined its position in the corresponding letter No. 0106-14-25 of 2014. The ban is based on the fact that the terrace and veranda are premises used to provide catering services. Consequently, smoking in such places violates the “anti-tobacco law” and entails penalties.

On June 1, 2013, with the exception of a few provisions, the Federal Law of the Russian Federation of February 23, 2013 No. 15-FZ (hereinafter referred to as the Law) came into force, prohibiting smoking in public places, sponsorship and advertising of tobacco, as well as the involvement of children in tobacco use. Due to the fact that since May 11, 2008, the Russian Federation has been a party to the World Health Organization Framework Convention on Tobacco Control, the adoption of the new law is the fulfillment of obligations to combat smoking and reduce mortality due to tobacco use at the international level. Naturally, the adoption of the “anti-tobacco” law, as it is also called, caused ambiguous opinion in society, because the new law affects many interests, from the most powerful tobacco lobby to the average smoker.

The ban on smoking in a number of public places will be introduced gradually.

Let us remind you that from June 1, 2013 it will be prohibited to smoke in schools, universities, hospitals, clinics, sanatoriums, government buildings, municipalities, social service premises, elevators and entrances, airplanes, urban and suburban transport, inside and closer than 15 meters from entrances to train stations and airports, metro stations, at sports and cultural venues, workplaces and work areas organized indoors, on playgrounds and beaches (Law).

From June 1, 2014, the smoking ban will apply to long-distance trains, long-distance vessels, hotels, cafes and restaurants, markets and other retail facilities, platforms of commuter trains (clauses 3, 5, 6, 12 part 1 of the Law).

What consequences await smokers if they break the law?

It is obvious that a ban is effective only when it is supported by appropriate rules on liability for non-compliance. The adopted “anti-tobacco” law establishes disciplinary, civil and administrative liability (Law).

On May 14, 2013, the State Duma adopted in the first reading a bill on fines for violating the “anti-tobacco” law (the full name is the draft Federal Law “On Amendments to the Code of the Russian Federation on Administrative Offenses and the Federal Law “On Advertising” in connection with the adoption of the Federal Law" On protecting public health from the effects of environmental tobacco smoke and the consequences of tobacco consumption", No. 222563-6, hereinafter referred to as the Draft Law)

The bill provides for the following administrative fines (table):

Table. Administrative liability for violation of established prohibitions (Article 1 of the Draft Law)

Type of violation	Type of punishment
Type of violation	Individual	Legal entity	Official
Smoking tobacco in certain territories, premises and facilities prohibited by federal law	Fine: 1000 – 1500 rubles.
Sale of tobacco products to minors		Fine: 80,000 – 90,000 rubles;	Fine: 8,000 – 10,000 rubles; - confiscation of tobacco products
Tobacco sponsorship		Fine: 80,000 – 150,000 rubles; - or suspension of activities for up to 90 days	Fine: 5000 – 7000 rubles.
Violation of prohibitions and restrictions on the demonstration of tobacco products and the process of tobacco consumption	Fine: 2000 – 5000 rubles.	Fine: 80,000 – 100,000 rubles.	Fine: 8,000 – 10,000 rubles.
Violation of prohibitions and restrictions on the demonstration of tobacco products and the process of tobacco consumption in information products intended for minors	Fine: 3000 – 5000 rubles.	Fine: 80,000 – 100,000 rubles.	Fine: 10,000 – 15,000 rubles.
		Fine: 100,000 – 500,000 rubles; - confiscation of advertising products or suspension of activities for up to 90 days with confiscation of advertising products	Fine: 5,000 – 20,000 rubles; - confiscation of advertising materials

In the process of implementing the law, there will be practically no usual places for smoking; in fact, smoking will only be possible at home and on the street, where there is no legal ban. According to the Global Adult Tobacco Survey (GATS), conducted in 2009, in Russia almost 44 million people (39.1% of the adult population) are regular tobacco smokers.

As a result of a survey of our users on the topic: “In your opinion, will this ban “work” if it is planned to introduce administrative fines for violations (the corresponding bill was adopted in the first reading)?” it turned out that more than half of respondents (67% - red segment) believe that a smoking ban will not work, while 32% of users believe that such a ban will work (green segment), and 1% expressed indifference to this topic (yellow segment).

Survey time: May 20-26, 2013
Location of the survey: Russia, all districts
Sample size: 528 respondents

With the introduction of a smoking ban, three questions automatically become relevant:

among the smoking population: where will smoking be allowed without consequences?
for employers: does their organization fall under the “double ban” or is it possible to organize special smoking areas and according to what technical requirements?
for non-smoking citizens: where to turn if a smoker intentionally continues to violate the Law?

Where can you smoke without consequences? The principle of the rule of law states: a citizen is allowed everything except what is directly prohibited by law. Therefore, you can smoke where it is not prohibited by law. So, you can smoke only in specially designated places, in your own apartment or house and in your car.

To avoid administrative liability for smoking in prohibited places, we offer several recommendations:

1. You need to know the exact list of places where smoking is prohibited and adhere to it as much as possible.
2. If you are caught smoking in a prohibited place, then remember that on the territory of the Russian Federation there is a presumption of innocence (Part 2 of Article 1.5), therefore the burden of proof lies on the prosecution. Indisputable evidence confirming a violation will only be the circumstance if you are caught red-handed. In addition, only an executive authority, a police officer or a local police officer can bring administrative liability. Witness testimony alone is not enough, and video cameras have not yet been installed in all playgrounds and stairwells.
3. In case of disagreement with the protocol on an administrative offense, the current legislation provides for the opportunity to challenge in court a decision, action (inaction) of a government body, local government body, official, state or municipal employee if you believe that your rights have been violated (Part 1 Art. 254).
4. Receiving and playing audio and video recordings may involve a violation of the privacy of citizens (Article 23). According to Part 2 of Art. 55 evidence obtained in violation of the law has no legal force and cannot be used as the basis for a court decision.

Is it possible to organize special smoking areas and what requirements should be followed? Which organizations will be subject to the “double ban”?

Based on the decision of the owner or another person authorized by the owner of the property, smoking tobacco is allowed in specially equipped isolated rooms (Part 2 of the Law). The arrangement of smoking rooms is not an obligation, but a right of the employer. And only if the owner of the premises does not mind. However, if the owner of an office building refuses to follow the lead of smoking employees, then the tenants will have to look for a new, more loyal landlord. Although many companies have similar rules even before the Law came into force. For example, Unilever has a global policy according to which in all rented or owned buildings, including industrial ones, special smoking areas must be equipped outside, and smoking is prohibited in the buildings. “At the same time, the agreement signed between our company and the business center clarifies that smoking in the business center is prohibited in principle - exceptions are specially designated places on the street,” notes Ekaterina Odintsova, senior manager for media relations and corporate communications of the group Unilever companies in Russia, Ukraine and Belarus. “We do not plan to organize special smoking rooms inside the office we rent in Moscow, since there are special places for smoking on the street. Smoking employees have a positive attitude towards the ban that has already been established today, so the new law will not affect their work in any way.”

Back in March of this year, the Ministry of Health of the Russian Federation published draft technical requirements for the allocation and equipment of special places in the open air for smoking tobacco and for the allocation and equipment of isolated rooms for smoking tobacco.

Draft orders and requirements for smoking premises and a no-smoking sign

		Order "On approval of requirements for the allocation and equipment of special places in the open air for smoking tobacco, for the allocation and equipment of isolated premises for smoking tobacco"
		Order "On approval of the requirements for the no-smoking sign and the procedure for its placement"
		Requirements for the allocation and equipment of special places in the open air for smoking tobacco, for the allocation and equipment of isolated rooms for smoking tobacco
		Appendix to the Requirements for the No Smoking Sign
		Requirements for a no-smoking sign and the order of its placement

These requirements stipulate that smoking areas are located outside areas and premises where smoking is prohibited and must comply with hygienic standards for the content in the atmospheric air of substances released during the consumption of tobacco products.

In the open air, such places must be equipped with ashtrays, “Smoking Area” signs and artificial lighting (at night), information materials about the dangers of tobacco and the harmful effects of tobacco smoke. In buildings, smoking rooms must be located in isolated rooms. In addition to meeting the requirements listed above, smoking areas must also be equipped with a fire extinguisher and “a door or similar device to prevent the entry of contaminated air into adjacent areas.”

In addition to these requirements, the Ministry of Health of the Russian Federation also published draft requirements establishing mandatory conditions, restrictions or a combination of them for the smoking ban sign and the procedure for its placement to designate territories, buildings and objects where tobacco smoking is prohibited.

Thus, the following requirements are imposed on a smoking ban sign: it must be a color graphic image measuring at least 200x200 mm (except for signs in transport and additional ones - on the doors of hotel rooms, in train vestibules, at bar counters, etc.). Such a sign is planned to be placed at each entrance to a territory, facility or building where smoking is prohibited (for vehicles - on all doors), as well as in common areas (toilets). If the premises of a building or facility provide for the provision of different types of services, the sign is placed at the entrance to each premises in which this or that service is provided.

Organizing smoking rooms in specially isolated rooms is an expensive task: from 100 thousand to 400 thousand rubles. The cost of a smoking cabin varies depending on the individuality of the project and technical characteristics. Thus, a ready-made smoking room with a standard configuration for six people costs about 200 thousand rubles.

Rospotrebnadzor will be responsible for monitoring the compliance of smoking areas with approved standards. For violation of approved standards, the department has the right to issue fines. At the moment, the size of the fine for employers who “allow” smoking in the workplace has not yet been adopted.

Less fortunate are employees of institutions where the organization of smoking rooms is prohibited (hospitals, stadiums, government agencies, etc.). According to the new law, they fall under a “double ban.” Employees of such institutions will be forced to either give up their bad habit or smoke outside the facility. Last week it became known that from June 1 of this year, State Duma deputies will smoke in a special pavilion, which is located next to one of the entrances to the lower house of parliament. Sergei Popov, Chairman of the State Duma Committee on Regulations and Organization of Work of the State Duma, at a plenary meeting held on May 24, 2013, said: “The Committee on Regulations agreed on the locations proposed by the State Duma apparatus and the corresponding pavilion will be located on the street near entrance No. 6.”

Ekaterina Odintsova, senior manager for media relations and corporate communications of the Unilever group of companies in Russia, Ukraine and Belarus: “By giving up smoking, an employee encourages himself to live a longer and healthier life. We help and support employees who want to give up smoking, as we understand that this can sometimes be very difficult to do. We have developed a global standard, which the Russian division also adheres to Unilever. For employees who want to quit smoking, there are support programs: lectures are organized, consultations with specialists on smoking cessation, medication treatment is paid for, etc. After the anti-tobacco law comes into force, it will become easier to comply with our global standard. European countries have had similar laws for a long time."

Where to go if a smoker intentionally continues to violate the Law?

For those who, on the contrary, suffer from the addiction of their neighbors on the landing, there are several legal ways to influence them.

1. The first thing you can do is warn the smoker that, according to the new law, smoking is prohibited in this place. You can even show an excerpt from the text of the Law itself.
2. Place a notice banning smoking indicating the provisions of the Law prohibiting smoking on the landing.
3. If this does not help, then feel free to call the local police officer or the police, then write a corresponding statement to the police officer. If a police officer refuses to take proper response measures, you can file a complaint with the prosecutor's office.

The question of how executive authorities will monitor compliance with the “anti-tobacco” law remains open.

The law prohibiting smoking is a positive decision taken at the state level. Its implementation is fraught with certain difficulties, and it is not always possible to implement its standards in real life.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

But basically, its provisions are acceptable to the majority of citizens and must be strictly implemented.

Initial information

Federal Law No. 15 “On protecting the health of citizens from the effects of environmental tobacco smoke...” came into force on February 23, 2013.

Its acceptance was almost unanimous. There are quite a few reasons that served as an impetus for the development of this law.

Why was the bill created?

Statistics that are collected annually indicate that almost 500 thousand citizens of the country die from cancer and other diseases caused by the addiction of smoking or smoke inhalation - inhaling cigarette smoke.

Such horrific statistics were one of the main reasons for the creation of the bill, which was another step designed to improve statistics, reduce the harmful health effects of this product and its consequences, and improve the quality of life of the country's citizens.

Photo: smoking ban in public places

The implementation of this law also helps to promote a healthy lifestyle and educate the younger generation who do not have such bad habits.

Improving the nation's health through the introduction of this standard is also the implementation of the requirements of the Framework Convention, which was adopted by the World Health Organization to combat tobacco smoking.

One of its parties is Russia, which joined this initiative on May 11, 2020. Thus, the new law allows us to fulfill obligations at the international level to combat smoking and reduce the number of deaths caused by tobacco.

The “anti-tobacco” law is perceived ambiguously in the country, since it concerns not only smokers, but also manufacturers of this product.

In what places should you not smoke tobacco?

With the introduction of this standard in 2013, smoking was prohibited in educational institutions, medical institutions, sanatorium-resort establishments, in buildings housing government bodies, municipal institutions, and social services.

The ban has also been introduced in all types of public, suburban passenger transport, and in the entrances of houses. It also affected airplanes, train stations, and metro stations.

It is considered natural to ban smoking in sports, cultural and educational institutions, enterprises, children's areas, and beach areas.

Since the beginning of June 2014, smoking has been banned on railway trains and on ships carrying passengers over long distances.

A prohibiting verdict was issued regarding smoking indoors in cafes, hotels, restaurants, on the territory of retail facilities, markets, and on platforms from which commuter trains depart.

Regulatory framework

In addition to Law No. 51-FZ, Russia has a number of regulations related to the smoking ban:

Federal Law No. 274 of October 21, 2013, which amended the Code of Administrative Offenses in terms of penalties for violating the requirements of Law No. 15;
Government Order No. 1563-r dated September 23, 2010;
Order of the Ministry of Health of the Russian Federation No. 214-n dated May 12, 2014, which approved the requirements for the sign prohibiting smoking and its placement.

Functioning of item No. 15 on the ban on smoking in public places

A ban can work if there are effective mechanisms for its implementation and compliance. To support such an initiative, appropriate norms are intended that will make it possible to implement punishment for non-compliance with legislation in this area of activity.

The law, which is often called “anti-tobacco”, provides in Article 23 for disciplinary, civil and administrative liability for violation of its requirements.

During the implementation of Law No. 15, the places where citizens of the country are accustomed to smoking will practically disappear.

It will be possible to use tobacco products only at home, on the streets that are not covered by the ban.

Surveys conducted several years ago as part of GATS showed that in the Russian Federation almost 44 million citizens, or 39% of adults, regularly smoke tobacco. Many of them are skeptical about the ban, believing that the law will not work.

Which authorities monitor compliance?

Smokers should familiarize themselves with the list of places that are subject to the smoking ban law and try to comply with it.

But if a person is convicted of a violation, you need to remember that in the Russian Federation the condition of the presumption of innocence is still in effect, which is enshrined in part 2 of Article 1.5 of the Administrative Code.

Accordingly, it is still necessary to prove that there was a violation of the law, and the party accusing the smoker must provide compelling evidence of this fact.

An indisputable fact can only be the circumstance in which a person was caught by the hand while smoking.

Unscrupulous citizens who violate the requirements of the law on the prohibition of smoking are required to bring administrative responsibility to the following authorities:

police officer;
district police officer

To prove the fact of smoking in a place prohibited by law, it is necessary not only to provide testimony of witnesses.

Therefore, there are certain difficulties in collecting evidence for the prosecution. If a person accused of smoking in an unauthorized place does not want to agree with the administrative violation report drawn up against him in accordance with the law, it can be challenged in court.

He also has the right to challenge the actions or lack thereof of government officials, as well as officials, state or municipal employees, if a person believes that his rights have been violated.

This norm is prescribed in Article 254, Part 1 of the Code of Civil Procedure of the Russian Federation. The issue of using video and photographic recording of violations must also be approached very carefully, since this is associated with a possible violation of privacy in accordance with the requirements of the Constitution of the Russian Federation (Article 23).

If the evidence base is collected in violation of legal requirements, it cannot have a legal basis. Therefore, the judicial authority will not accept them for consideration (Article 55, Part 2 of the Code of Civil Procedure of the Russian Federation).

In this regard, many ignore the requirements set out in the “anti-tobacco” law and other regulations, since violators are confident in their impunity, and from the side of citizens who reveal such facts, one can only hear comments, beyond which no one does anything, since this associated with the expenditure of time, effort and nerves.

But if, nevertheless, the violator was caught red-handed, caught on a supermarket camera or legally installed in the entrance, he faces a fine or going to court.

Neighbors on the landing may also catch a smoker disturbed by tobacco smoke and cigarette butts scattered around the entrance.

To do this, it is enough to call the local police officer and record the fact of smoking in his presence. He must also interview neighbors and make his decision.

Opponents of smoking can influence the offender as follows:

warn him about the ban on smoking in this place, give him an excerpt from the law as a souvenir;
post notices indicating the points of the standard that introduced the ban;
if there is no reaction to these actions, you need to call the local police officer, the police, and give them a written statement. If the police refuse to respond to this case, you can file a complaint with the prosecutor's office.

Amount of fine

Due to the fact that not only ordinary citizens must monitor compliance with Federal Law 15 on the smoking ban, but also legal entities and officials, the law also provides for the imposition of fines on them. Administrative penalties range from:

Photo: fines for violating the anti-tobacco law

Latest edition changes

In 2020, new provisions of Federal Law No. 15 came into force. Among them, the following innovations are worth noting:

mandatory registration of tobacco products that are imported from abroad and produced in Russia;
control of equipment for the tobacco industry, which is produced in Russia;
control of the authenticity of excise and special stamps for tobacco products;
checking the movement of tobacco products within the country.

Law No. 15-FZ is a necessary legal act designed to benefit smokers and those who are forced to live next to citizens who have such a bad habit.

But judging by the sales of tobacco products, the consumption of which decreased slightly (in 2017 by 6-8%), it is not yet possible to talk about serious results of its implementation.

The success of this law depends largely on the consciousness of each citizen, timely response to facts of violations, assistance to law enforcement agencies, and taking effective measures to eliminate identified problems.

1. To prevent the impact of environmental tobacco smoke on human health, smoking tobacco is prohibited (except for the cases established by part 2 of this article):

1) in territories and premises intended for the provision of educational services, services by cultural institutions and institutions of youth affairs bodies, services in the field of physical culture and sports;

2) in territories and premises intended for the provision of medical, rehabilitation and sanatorium-resort services;

3) on long-distance trains, on ships on long voyages, when providing passenger transportation services;

4) on aircraft, on all types of public transport (public transport) of urban and suburban traffic (including on ships when transporting passengers on intracity and suburban routes), in places in the open air at a distance of less than fifteen meters from the entrances to premises of railway stations, bus stations, airports, seaports, river ports, metro stations, as well as at metro stations, in the premises of railway stations, bus stations, airports, seaports, river ports, intended for the provision of passenger transportation services;

5) in premises intended for the provision of housing services, hotel services, temporary accommodation services and (or) provision of temporary accommodation;

6) in premises intended for the provision of personal services, trade services, public catering, market premises, and non-stationary retail facilities;

7) in the premises of social services;

8) in premises occupied by state authorities, local government bodies;

9) at workplaces and in work areas organized on premises;

10) in elevators and common areas of apartment buildings;

11) on playgrounds and within the boundaries of areas occupied by beaches;

12) on passenger platforms used exclusively for boarding and disembarking passengers from trains during their transportation in suburban services;

13) at gas stations.

2. Based on the decision of the owner of the property or another person authorized by the owner of the property, smoking tobacco is allowed:

1) in specially designated places in the open air or in isolated rooms that are equipped with ventilation systems and are organized on ships on long voyages when providing services for the transportation of passengers;

2) in specially designated places in the open air or in isolated common areas of apartment buildings that are equipped with ventilation systems.

3) in specially designated isolated rooms that are equipped with ventilation systems and organized at airports in areas intended for the presence of passengers registered for a flight after pre-flight inspection, and areas intended for passengers in transit, in such a way that the possibility of monitoring smoking tobacco from other premises.

3. Requirements for the allocation and equipment of special places in the open air for smoking tobacco, for the allocation and equipment of isolated premises for smoking tobacco are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of construction, architecture, urban planning and housing and communal services, together with the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of healthcare, and must ensure compliance with the hygienic standards established in accordance with the sanitary legislation of the Russian Federation for the content of substances emitted in the atmospheric air during the consumption of tobacco products.

4. For persons in pre-trial detention centers, other places of forced detention or serving sentences in correctional institutions, protection is provided from the effects of environmental tobacco smoke in the manner established by the federal executive body authorized by the Government of the Russian Federation in agreement with the federal executive body exercising the functions on the development and implementation of public policy and legal regulation in the field of healthcare.

5. To designate territories, buildings and objects where smoking tobacco is prohibited, a smoking ban sign is accordingly placed, the requirements for which and for the placement procedure are established by the federal executive body authorized by the Government of the Russian Federation.

6. State authorities of the constituent entities of the Russian Federation have the right to establish additional restrictions on tobacco smoking in certain public places and indoors.