Smoking is prohibited in public places. What to do with those who smoke in public places? Where can you smoke

Smoking is not only a bad habit for the tobacco trader, but also for society. At the government level, a stubborn struggle began with citizens who use nicotine, since the substance negatively affects health. In order to ensure order and tranquility of the population, a law on smoking was adopted .

Citizens have heard about this ban, but they know practically nothing about the amendments made in 2018 and the amount of the administrative fine.

Law prohibiting smoking in public places

The latest surveys conducted last year showed that almost 40% of the inhabitants of our country are addicted to cigarettes. A rating of states in which this addiction thrives has been published.

Russia is in 4th place.

A nicotine addict smokes over 2,600 cigarettes every year.

According to the results of specialists, cases of oncological diseases, heart anomalies and strokes increased among the population. For this reason, by introducing an anti-tobacco law, the authorities are trying to avoid serious consequences.

In 2018, the law to ban smoking in public places was tightened, with a price hike and the exclusion of certain types of cigarettes.

A few years ago, the small night shops located at each stop considered the sale of tobacco to be the main revenue. But now most of the stalls have closed due to the fact that nicotine-containing products have been seized.

But in supermarkets and large retail chains, cigarettes are left as a commodity, provided that advertising and promotion of smoking is excluded, as well as any demonstration of the process. The ban applies even to models in shop windows. Such goods must be closed in boxes under glass and shown only after the request of the buyer.

At the moment, active measures are being taken to reduce the number of smokers.

But the positive trend will be visible only by 2020. But already now the fines and penalties for smoking in public places have been tightened, in 2018 amendments were made regarding the permitted areas for tobacco workers.

Smoking legislation

According to Federal Legislation No. 15 "On Health Protection ...", which was adopted five years ago, serious restrictions were introduced for smoking citizens. Smokers were banned from using tobacco in many public places, even with the construction of specially designated areas in restaurants.

There are also changes in the Code of Administrative Offenses that have tightened the responsibility for the violator of the norms of the anti-tobacco law. Smokers and businesses that do not comply with established bans on smoking tobacco products must pay severe fines.

Rospotrebnadzor showed statistics, where in the first 6 months people were fined more than 50 million rubles for violations of the law.

Areas where smoking is prohibited

Article twelve of Federal Law No. 15 designated areas where smoking is strictly prohibited. On these grounds, sanctions may be imposed on citizens.

It is not allowed to use nicotine:

in schools and kindergartens, technical schools, which also applies to higher educational establishments. It is forbidden to smoke not only inside the building, but throughout the entire territory of the legal entity.
on sports grounds and in cultural and entertainment institutions (circus, philharmonics);
in medical institutions;
in any transport engaged in paid transportation of passengers;
near airports and railway stations, depot. Provided that the distance from public places is 15 meters;
on the territory of buildings where paid accommodation services are offered (in hostels, hotels);
in shops and supermarkets;
in the territory where social services for citizens are offered;
in the city government building;
it is forbidden to smoke at work;
do not use nicotine residential buildings if this is not your own apartment;
on the street, in places where there is no sign for the possibility of smoking;
at large industrial enterprises;
the use of cigarettes at gas stations is prohibited.

As you can see from the prohibition list, according to the amendments to the law, tobacconists were severely limited in their rights. These changes greatly affected the revenue of cafes and restaurants, which previously had separate rooms for people who use nicotine. Today, even hoods and designated areas are prohibited.

If you ignore the norms of the law, problems are likely, up to the closure of the restaurant.

Where can you smoke?

Only certain areas may be allowed for smoking:

if there are fences in the open space or indoors so that the smoke from cigarettes does not enter the living space;
personal property or other property. This includes an apartment or a private house with attached territory, garage;

The possibility of a ban on smoking in a private car was considered at the state level.

At the moment, this is allowed if the driver stopped no closer than 15 m from the prohibited areas. Smoking in a car with young children is prohibited, as a person can fall under several administrative regulations at once.

While the law began to operate, the consumption of nicotine was limited to 15%. And also the cost of cigarette products and accessories for them is regularly increasing.

On the street for the possibility of smoking must be:

label with a mark;
illumination;
ashtray and urns.

In a room for the possibility of using cigarettes should be:

insulation to prevent smoke from entering the living area;
ventilation;
a special label with a mark;
ashtray with an urn;
fire extinguisher.

How much will the smoker pay?

There are special rules in administrative legislation that provide for punishment for offenders:

Article 6.23 describes the penalties for involving a minor in smoking tobacco-containing substances: up to two thousand rubles - for all persons; up to three thousand rubles for parents of minors. The same rule applies to the purchase of cigarettes for children, forcing them to use tobacco products and their sale;
Article 6.24 describes penalties for smoking in unauthorized places - up to a thousand rubles. If a citizen uses nicotine where children rest, the fine is increased three times;
Article 6.25 describes penalties for management, legal entities and individual entrepreneurship after violations of the law. Punishment awaits a person and a company on whose territory there are prohibited places equipped for smoking. The minimum can be fined 10 thousand rubles, the maximum 90 thousand rubles.

Measures to reduce the consumption of tobacco products

Regulations against smoking hookah, vaping, e-cigarettes or tobacco are only one branch of the fight against a negative habit.

In addition to mandatory restrictive measures, the following are carried out:

Campaigns that provoke the refusal of tobacco products.
Ban on advertising and promotion of cigarettes.
Increasing the price of nicotine products.
Tobacco vendors are no longer eligible to sponsor large events, and their analogy is growing substantially.
Due to severe restrictions, people are forced to give up the use of nicotine. To facilitate this period, the state organizes free rehabilitation treatment methods for the population.

Promotions and recreational activities, lectures are designed to fight addiction, which leads to health problems in the form of chronic diseases. Due to smoking, a person loses the ability to reason sensibly, and in the future, his ability to work.

More than half of the addicts resigned themselves and were glad that the government took drastic measures. You can at any time apply for a state program to a medical institution for a course of rehabilitation.

conclusions

At the moment, there are no clear forecasts regarding the effect of anti-tobacco laws in the fight against cigarettes in Russian Federation. The fine today does not frighten anyone, because in comparison with European sanctions, reaching up to 2 thousand dollars, the punishment in Russia is considered a penny.

The first step towards the improvement of the nation has already been taken. In 2017, tightened rules closed hundreds of tobacco shops. People, tobacco smokers, must familiarize themselves with their rights and obligations in order to be prepared to answer for a possible offense.

From October 14, 2017, new anti-tobacco measures come into force. Smokers will even have to fresh air look for a designated area.

Anti-tobacco law FZ-15: smoking is harmful

According to available statistics, almost half a million Russians die every year due to cancer and other diseases. serious illnesses, which are caused by smoking or inhaling cigarette smoke - the so-called smoke ingestion. This is a huge and horrific figure, and the goal of passing such a law is one step in the fight against terrible statistics, along with measures such as promoting healthy lifestyles and educating young people in an “anti-smoking” spirit.

Smoking in Russia is a real scourge of our time, the worst thing is that every year teenagers and women are more and more involved in smoking. The latter do not quit bad habit even when in position. Therefore, one should not be surprised that the younger generation, together with newborns, to put it mildly, is not distinguished by health.

In 2013, the Russian government decided to tackle the problem of smoking in the country. A law banning smoking in public places was signed and enacted. The Tobacco Bill aims to achieve two goals:

Separate smokers from non-smokers, protecting the interests of the latter.
Take care of the health of citizens who are not attached to smoking.

If in 2013 the law regulated a small list of places where people would be fined for a cigarette, then in 2017 it was expanded to the maximum.

However, we are unlikely to be able to find out whether the law will fulfill the functions planned by the deputies in the near future: according to experts, Russia will be able to feel positive changes in the nation's recovery caused by anti-tobacco bans and related propaganda no earlier than in 5 years.

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Fines for smoking in the wrong place

As for the penalties for individuals- you and I, ordinary citizens, their amounts are given in article 6.24 of the Code of Administrative Offenses: 500-1,500 rubles will be taken for smoking in the wrong place. The exception is smoking a cigarette on a playground, which is extremely harmful for kids, and this is logical - here a violating smoker will have to fork out 2,000-3,000 rubles.

Where you can't smoke

Reading FZ-15, one gets the impression that it is easier to name places where smoking is allowed than those where smoking is prohibited. But still, let's turn to the text of the law, to article 12. So, now it is not allowed to "smoke":

Wherever there are young people - in educational and other institutions that deal with issues related to the younger generation.
In institutions of sports, medical and sanatorium direction.
In electric trains and passenger trains, on passenger ships and aircraft, on any type of public transport.
Closer than 15 meters from any stations (railway and auto), airports, river and sea ports, metro stations, as well as inside these transport institutions and on passenger platforms.
In housing, household, social, trade (including markets and tents), hotel establishments, catering establishments.
In state institutions.
At work (indoors).
In the elevators of houses, as well as in any other common places in the house.
Beaches and playgrounds.
At gas stations.

As you can see, the list of prohibitions is quite impressive. To summarize, smoking is no longer allowed in or near any public places and institutions, including inside shopping and leisure centers and even in restaurants and cafes. Places and territories where smoking is prohibited are equipped with a special prohibition sign.

When will smoking be banned near the entrances

The Ministry of Health has formed a project positive feedback government on amendments to article 12 of the law “On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption”.

Ministry of Health supports smoking ban outdoors at a distance of less than 10 m from the entrance to the entrances of residential buildings.

The situation when neighbors or guests smoke at the entrance to apartment house, is widely distributed, it is said in the explanatory note to the bill. At the same time, all citizens living in the entrance, including children, elderly citizens, and especially citizens suffering from asthma and other respiratory diseases, are forced to constantly inhale tobacco smoke when entering their own homes. And the inhabitants of the lower floors apartment buildings become "hostages" of this situation, not being able to open the windows at all, according to the Federation Council.

The law works - the budget is replenished

According to the Ministry of Internal Affairs for 2016, the internal affairs bodies considered 449,201 materials on administrative offenses under Art. 6.24 of the Code of Administrative Offenses "Violation of the prohibition of tobacco smoking established by federal law in certain territories, in premises and at objects." There were 5,371 decisions on oral reprimands and 415,260 decisions on the imposition of an administrative fine. The total amount of fines under this article amounted to 211.8 million rubles. Compared to the previous year, the figure decreased by about 8%.

Requirements for the equipment of smoking areas

Isolated tobacco smoking rooms are equipped with:

a door or similar device preventing the penetration of polluted air into adjacent rooms, on the outside of which there is
sign "Smoking area";
ashtrays;
artificial lighting;
fire extinguisher;
supply and exhaust ventilation system with mechanical stimulation, which ensures the assimilation of contaminants emitted during the consumption of tobacco products, as well as preventing the penetration of polluted air into adjacent rooms;

Special outdoor places for tobacco smoking are equipped with:

sign "Smoking area";
ashtrays;
artificial lighting (in the dark);
informational materials about the dangers of tobacco use and the harmful effects of second hand tobacco smoke.

Video on the topic of the ban on smoking

The need to combat mass smoking is long overdue. Since 2013, the law banning smoking in public places has gained force and authority. For lovers of cigarettes, this news was discouraging, especially since the provisions of this law allow you to ask only one question: is it even allowed to indulge in a cigarette anywhere?

Law and its essence

In legal terms, the conversation will focus on the Federal Law of February 23, 2013 No. 15-FZ "On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption." According to him categorically Smoking is prohibited in all closed public places. The President of the Russian Federation signed the law on February 23, 2013, and it entered into force on June 1 of the same year.

It is worth noting that some of the provisions of this act were approved somewhat later:

Article 13 of the Law came into force only on January 1, 2014.
A number of other clauses and articles became legal by June 1, 2014. In particular, these are the most stringent provisions of the 15th Federal Law, according to which, in fact, smokers were forced out of enclosed spaces.
The anti-tobacco law was finally formed in 2017 on January 1, after paragraphs 1 and 2 of the first part, as well as the 2nd part of Article 18, came into force.

It is also worth noting that the federal law smoking ban includes ban on advertising or promotion of tobacco products.

It is not allowed to stimulate the sale of this product, tobacco brands are excluded from the sponsorship list. Particularly strict measures have been taken regarding the demonstration of the process of smoking in content intended for the teenage category of citizens.

The Russian government took such harsh measures for a reason. The fact is that, according to statistics, millions of Russians die from cancer, which are caused directly by the inhalation of tobacco smoke. The law on smoking severely restricts the opportunities of smokers, thereby demonstrating that they are somewhat infringed in their rights in relation to non-smokers.

Important! However, according to the same statistics, the number of people who are “friends” with a cigarette has remained almost the same. Experts believe that visible changes for the better can be expected no earlier than in five years.

"Smokeless" places

We all remember that earlier cigarette smoke literally enveloped restaurants and bars, nightclubs and cafes. Even in large shopping centers, in the lobbies of hotels and other decent public places, there were heavy smokers who filled the air with the smell of tobacco. After the relevant law came into force, there were specific places where smoking is prohibited.

Let's list them:

Youth gathering centers - schools, universities, colleges, other educational institutions, as well as special institutions intended for the teenage category of citizens.
Smoking is strictly prohibited in sanitary-resort, medical, preventive and health-improving complexes, as well as in all institutions related to sports activities.
Do not distribute tobacco smoke when using all types of public transport. These are buses, minibuses and, of course, subways, planes, trains, electric trains, steamships and ferries, etc.
The smoking ban covers areas such as railway stations, airports, river ports, bus and metro stations. Smoking is prohibited within a radius of 15 meters from such places.
This Federal Law prohibits smoking in residential, as well as commercial premises(including open markets, stalls and other retail outlets), domestic and social institutions, catering establishments and hotel environments.
Tobacco is banned in all state institutions.
In all rooms common use residential buildings, as well as in the elevator, smoking is prohibited.
Tobacco is unacceptable in areas of kindergartens, playgrounds and other places where children are.
It is forbidden to smoke on the beach, as well as near the gas station.

It turns out that the Federal Law "ties" the hands of smokers in almost all public places. Moreover, all these places are most often equipped with a special sign, which once again warn people about the ban. Cigarettes are no longer allowed in restaurants, cafes and bars. They are strictly prohibited in clubs, bowling and billiard rooms, shopping centers and other entertainment venues.

Important! Compliance with the law banning smoking in public places is controlled by local law enforcement officers, that is, security guards, and in case of non-compliance with it, the violator will face administrative responsibility.

The strict smoking ban has also affected places previously loved by smokers, in particular entrances. Of course, the entrance, like the elevator, is considered a public place, therefore, children, teenagers, and people who cannot tolerate tobacco smoke walk along it. In every sense it is true to ban cigarettes in a place like this by law.

However, in some cases, the household makes an exception by mutual agreement. For smokers, a separate sector is allocated, which is equipped with good ventilation and meets all standards (read about this below).

The main thing is that all residents of the entrance sign the corresponding agreement, and no one was against such an innovation.

A similar situation has arisen on sea liners. Heavy smokers also have the right to take such tours, therefore, appropriate conditions must be provided for them. There is a dedicated area on the ship that is well ventilated and, again, complies with statutory smoking area regulations.

Smoking Areas

This list will be much shorter than the list of places where smoking is prohibited, but it also has its advantages for people who are addicted to tobacco. So, where you can smoke without fear of any other administrative responsibility for your actions:

Inside your property. This is an apartment, a house, a car, a balcony, and everything that, according to papers, belongs specifically to you (or under a lease agreement).
Smokers have almost the entire street at their disposal, except for a radius of 15 meters from various establishments and transport stations.
Each office and each shopping center has specially equipped places for staff and visitors, which are designed for tobacco smoke.

It is also worth noting that in all establishments that were on the list of prohibited for smokers, There must be a smoking area. It must always comply with specific standards and be isolated from all people passing by.

The most important thing to understand is that smoking in any premises and open areas is allowed only with the knowledge of the legal owner of these objects.

At the same time, it is worth remembering that in most office premises the smoking room is located both in the building itself and on the street.

But there are a number of establishments where an indoor smoking area cannot be equipped, these are:

canteens and catering areas;
public toilets;
domestic and sanitary premises;
medical stations;
rest rooms.

So, regarding smoking rooms, let's consider the first requirement. It is important that this room is away from others where people work or play so that tobacco smoke does not interfere with them. If this is an “internal” smoking room, then the nearest workplace should be at least 75 meters away. If the smoking area is on the street - then 150 meters.

Smoking in public places specially equipped for this procedure is permissible only if all fire safety measures are observed:

The walls must be finished with fireproof materials.
If certain surfaces are covered with varnishes, paints and other combustible substances, they are treated with a protective fire-fighting emulsion on top.
Urns must be made of metal, and placed away from surfaces that can easily ignite.
The smoking room must be equipped with a tabular “Smoking area”, which is made of non-combustible plastic.

In case of non-compliance sanitary norms management will be held responsible for employees smoking indoors. Therefore, it is important to comply with all measures prescribed by law. Most importantly, the smoking room should be intensively ventilated. Air exchange in ventilation systems must be more than 10 cubic meters. m/hour. As for the air temperature, in the cold season, smoking rooms should be warmed up to at least +16.

What equipment should be provided for indoor smoking areas? They are expected to be equipped with:

artificial light source;
ventilation;
fire extinguisher;
a sign with the inscription "Smoking area";
ashtrays;
a door that closes tightly;
advertising products pointing to the harm of smoking.\

Penalties

More recently, all entertainment and catering establishments were divided into two parts - a smoking hall and a non-smoking one. In accordance with the new law, this state of affairs was to change radically, but we, as before, when we come to our favorite cafe, often hear the phrase: “Which room are you in?”. The fact is that for restaurants and bars it is extremely unprofitable to lose customers who like to smoke a cigarette with a glass of cognac or even a cup of coffee. A much more acceptable measure for them is the payment of a fine. By the way, for legal entities this amount will range from 30 to 90 thousand rubles. But it is worth noting that it is extremely rare for this article to punish the authorities of bars and restaurants.

For individuals, punishment is also provided for by law, but for this a person, as they say, must be caught hot. Fine for smoking in a public place - from 500 to 1500 rubles.

Attention! If a person smokes in the area of a playground, garden or school, then the amount of the fine increases to 2000-3000 rubles.

Useful video

Smoking is a harmful and completely unnecessary thing. However, for many people it is already a part of life. For this reason, the smoking statute is not so strict, but still it restricts people from being able to freely and without any restrictions, as it used to be, to use tobacco and harm others.

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

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

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

3) in long-distance trains, on long-distance ships, in the provision of 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 open air places 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, services for temporary accommodation and (or) provision of temporary accommodation;

6) in premises intended for the provision of personal services, trade services, Catering, premises of markets, in non-stationary trade facilities;

7) in the premises of social services;

8) in premises occupied by public authorities, local governments;

9) at workplaces and in working areas organized on the premises;

10) in elevators and common areas of apartment buildings;

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

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

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, tobacco smoking is allowed:

1) in specially allocated places in the open air or in isolated rooms, which are equipped with ventilation systems and organized on long-distance ships, when providing passenger transportation services;

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

3) in specially allocated isolated rooms that are equipped with ventilation systems and organized at airports in areas intended for finding passengers registered for a flight after pre-flight screening, and areas intended for passengers in transit, so that the possibility of monitoring smoking tobacco from other rooms.

3. Requirements for the allocation and equipping 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 body executive power executing 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 performing 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 atmospheric air substances released during the consumption of tobacco products.

4. Persons in pre-trial detention centers, other places of forced detention or serving sentences in correctional institutions shall be protected from the effects of second hand tobacco smoke in accordance with the procedure 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 state policy and legal regulation in the field of healthcare.

5. To designate territories, buildings and facilities where tobacco smoking is prohibited, a smoking ban sign is accordingly placed, the requirements for which and for the placement procedure for which 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 premises.