Is it possible to smoke at public transport stops? Responsibility for violating the ban

In Russia, in 2013, Federal Law No. 15-FZ dated February 23, 2013 “On protecting the health of citizens from the effects of environmental tobacco smoke, the consequences of tobacco consumption or consumption of nicotine-containing products” was adopted. In 2021, the law was significantly expanded, and new fire regulations were adopted (published on the legal information portal on September 25, 2020). However, citizens still have questions about how the law works. The most popular: is it possible to smoke on the balcony of your own apartment and in the entrance of an apartment building?

The law on smoking in public places in 2020-2021 will operate according to new principles. Read about all the prohibitions and restrictions that are established by the document for smokers in Russia.

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Is smoking allowed in this area?

The aforementioned Federal Law, Article 12, clearly states places where smoking is prohibited:

• on the territory of educational and sports institutions;
• within the perimeter of sanitary resort and medical organizations;
• inside airplanes and all types of public transport, both urban and suburban;
• inside railway and bus stations, airports, on the territory of river and sea ports, at metro stations;
• at a distance of 15 meters from the entrance of train stations, ports and stations;
• in elevators and public areas of apartment buildings;
• on the territory of state and social institutions;
• on playgrounds, beaches and parks;
• at gas stations.

As you can see, the list does not mention public transport stops. The State Duma rejected the bill on this, because there is no clear formulation of what should be considered such a stop. Thus, smoking at bus, trolleybus and tram stops is not prohibited.

Important! A ban is possible if the stop is located closer than 15 meters from the buildings of railway stations, ports, airports, stations, or if there is a retail outlet on the territory of the stop or nearby.

However, paragraph 6 of Article 12 of the Federal Law “On the Protection of Citizens’ Health...” states that constituent entities of the Russian Federation have the right to independently establish additional restrictions and add to the list of places subject to the ban. Many cities have followed this recommendation and added public transport stops to their list of smoke-free zones. In this case, a no-smoking sign must be posted at the stop.

The bans do not apply to electronic cigarettes - they do not fall into the category of tobacco products.

Smoking on the balcony and in the entrance

The ban on smoking on the balcony of your apartment in 2020-2021 is not directly stated in the above-mentioned norm and continues to cause controversy. Supporters of such a ban are based not on Federal Law-15, but on the rules of the fire safety regime, which prohibits open fire on balconies and loggias. This requirement remains in the new Rules. However, the Ministry of Emergency Situations explained that smoking is allowed if there is no threat to fire safety. But smoking in the entrance of an apartment building is prohibited by law, since this is the common property of the apartment building.

Can a store refuse to sell non-alcoholic beer to a minor in 2021?

Areas not covered by the ban

You can smoke in places where there is no warning sign or sign, as well as in places specially equipped for smoking. Such areas should be equipped with:

• a special sign or plate;
• ashtray;
• fire extinguishing equipment;
• door and ventilation system (for indoor smoking rooms);
• information materials about the dangers of smoking for the smoker and others;
• an additional light source if the smoking area is outdoors.

Smoking in your own apartment

This territory falls under the definition of “private property”. Federal Law No. 15 does not apply to such territories. Non-smoking neighbors who smell cigarette smoke on their property may try to prosecute you. However, to successfully solve this problem, they will have to spend time and money on conducting a number of examinations.

The purpose of such events is to prove the deterioration of the atmosphere in the apartment and the negative impact of tobacco smoke on the health of its owners. Obtaining a positive result is only possible if you systematically and in large quantities “fumigate” neighboring living spaces.

If you have a high-quality ventilation system, this does not happen. Therefore, in order to avoid fines and conflicts with other residents of an apartment building, take care in advance to install air purification systems in the room chosen for smoking.

In accordance with current legislation, smoking on the balcony is not prohibited, provided that it does not disturb neighbors. Moreover, we are talking not only about cigarette smoke penetrating into neighboring apartments through open windows, ventilation and the slightest cracks.

Other residents of a multi-storey building may report you to the police if they find cigarette butts on their balcony - a common cause of fires. Of course, they will have to prove that such finds came from your apartment. If you successfully solve this problem, you will have to deal with the district police officer and representatives of the State Fire Inspectorate.

To avoid these troubles, it is enough to install ashtrays on your territory or replace traditional cigarettes with electronic cigarettes, which produce flavored vapor instead of smoke. However, these devices deserve more detailed study.

Read more about smoking on the balcony of your apartment.

Having studied the provisions of Federal Law No. 15, you will be convinced that a complete ban on smoking applies only to public places. Your apartment’s own balcony is not one of them. You can only be fined if you start throwing cigarette butts down, thereby creating a fire risk. Or your smoke will disturb your neighbors.

As an alternative, you can smoke electronic cigarettes and hookahs. These devices produce aromatic vapor instead of smoke. Its smell is unlikely to disturb the neighbors. In addition, electronic cigarettes reduce the risk of fire to zero. True, recently the number of lawsuits with manufacturers on the issue of cigarette malfunctions has become more frequent. And this can lead to any consequences, including injury.

Before using your balcony as a home smoking room, think about whether you can use IQOS on the balcony of your apartment? Is this allowed by law?

The answer seems to lie on the surface, but with some “buts”. The balcony of your apartment is an area in which you have the right to do whatever you want.

Therefore, smoking IQOS (IQOS) on the balcony of your apartment is allowed, but provided that you do not create inconvenience to others and you do not have conflict situations. That is, your neighbors will not be bothered by smoke and smell.

Electronic cigarettes, as well as IQOS and GLO, have some advantages: they do not emit acrid smoke, they do not fly ash onto other people’s balconies, and there is no pungent odor that could spread and disturb others.

Penalties are imposed for violation of established rules. There is no penalty for smoking in the apartment, since this housing is not classified as a public place. Even for such premises there are certain restrictions.

Smoking is permitted within your own living space, except when it causes discomfort to neighbors.

You can smoke near your home in specially designated areas. They need to be placed away from children and first floor windows.

If a large number of smokers live in an apartment building, you can allocate a special place for them. It must be equipped with a ventilation system, ashtrays and fire extinguishers.

On the balcony

Smoking tobacco on the loggia is not prohibited. It is important that the smell does not cause inconvenience to neighbors. You cannot smoke on the balcony if it is shared with other apartments or has access to the landing. This is considered a common area, cigarettes can only be used if the neighbors do not object.

A homeowner cannot be prohibited from smoking in his home. If this is done in the toilet, the smell of cigarette smoke may penetrate through the ventilation to the residents of other apartments, and neighbors will file a complaint.

The solution to the problem is to install a powerful hood.

If the housing is designed for several owners, smoking is only allowed in your own room. Other premises of a communal apartment belong to public territory. To avoid conflicts, you need to discuss with your neighbors where you can smoke cigarettes.

A good option is to install exhaust ventilation.

In a rented

If the property is rented, the possibility of smoking should be discussed with its owner. It is permissible to do this when there are no objections. It is important to specify a smoking area. If the walls and furniture smell of smoke, the landlord can evict the tenant.

Sometimes tobacco smoke regularly causes discomfort. The smell spreads through the balcony or ventilation. In such cases, you can complain about your neighbors. This is stipulated by the Housing Legislation; it is important to know who to contact.

Where to complain

If a problem arises, you first need to talk to your neighbors about the fact that their habit is causing great discomfort. If there is no result, you can file a complaint with official authorities.

The application is accepted by the district police officer, Rospotrebnadzor or the State Housing Inspectorate.

If your neighbors smoke and the smell penetrates through the ventilation system of the kitchen or toilet, you can complain to the housing department staff. The homeowner pays monthly for the maintenance and repair of public areas of a multi-storey building, so he has the right to expect that the ventilation system of the house will be improved.

The following information must be attached to the application:

1. Evidence (photo or video).
2. Personal details of your passport.
3. Addresses of witnesses, other neighbors.
4. Description of the incident.
5. Medical certificate of health.

Amount of fine

Penalties are provided for violation of the law. The fine for smoking in an apartment ranges from 500 to 1,500 rubles. It is prohibited to use cigarettes on the playground. The amount of recovery can reach 2–3 thousand rubles.

Responsibility and penalties for violation

According to Art. 6.24 and 6.25 of the Code of Administrative Offenses of the Russian Federation provide for the following administrative penalties for violators:

1. Citizens (passengers and passers-by) are subject to an administrative fine in the amount of 500 to 1,500 rubles.
2. Officials (drivers, conductors and other public transport employees) are subject to penalties in the amount of 10 to 20 thousand rubles.
3. Legal entities pay a fine in the amount of 30 to 60 thousand rubles.

In case of improper equipment of outdoor smoking areas, a fine of 20 to 30 thousand rubles is imposed for officials and from 50 to 80 thousand rubles for legal entities.

Evidence base on smoking neighbors: reasons

Attention: Many owners of apartments in multi-storey buildings who smoke in the entrance halls do not even suspect that their actions fall under federal legislation and are punishable by an administrative fine. The main legal act that regulates the consumption of tobacco products in public places on the territory of the Russian Federation is Federal Law No. 15 of February 23, 2013.

Currently, smoking is prohibited in all public places, in particular we are talking about public transport, bus stops, areas of youth and children's institutions, entrances, as well as those areas where people work, live or rest.

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For violation of the requirements of the Federal Law, administrative penalties are provided in the form of a fine from 500 to 1,500 rubles. According to Art. 6.24 of the Code of Administrative Offenses of the Russian Federation, sanctions are imposed on all violators whose actions have been proven.

A more severe punishment - from 2,000 to 3,000 rubles - is provided for those who smoke on playgrounds. It is noteworthy that the legislator did not provide for a limit on the number of punishments during the day, which means that the offender can be fined as many times as he was caught with a cigarette.

Only persons who have reached the age of sixteen can be held administratively liable. Therefore, the procedure for punishing teenagers who smoke in hallways is somewhat different. Police officers are required to draw up a protocol in which the age of the offender will be recorded, after which all case materials are transferred to the PDN.

Before complaining about smoking neighbors or writing a statement, you need to have indisputable evidence of a committed or regularly committed offense, otherwise you yourself may become an offender under Art. 306 of the Criminal Code of the Russian Federation “Knowingly false denunciation.” To prevent this from happening, read what may be evidence when filing a complaint against smoking neighbors.

1. testimony from neighbors (non-smokers like you, suffering from the consequences of smoking in the hallway), your acquaintances and friends will not be suitable.
2. photographs of neighbors smoking, even a photo from a mobile phone will do (here you need to be careful, because the photo must be taken with the permission of the smoker, so as not to invade his privacy, Article 152.1 of the Civil Code), plus you need to take a photograph in such a way that so that there is no doubt that this is your entrance, and not the neighboring house (characteristic inscriptions, mailboxes with No., etc. should be included in the frame)
3. video (the rules with photography also apply to videos, but here it will help you if video cameras are installed throughout the entrance with the consent of the owners); otherwise, they may say that the video is a fake and you will have to prove that this is not the case).
4. committing an offense while a district police officer is walking around the territory (this is generally an ideal case that can happen with a probability of 1:1,000,000).

What to do with smoking offenders?

If you witness a violation of the smoking ban by public transport employees, you have the right to:

• make a remark and ask to put out the cigarette;
• contact the transport bureau where the employee works;
• contact Rospotrebnadzor, Fire Supervision or police officers.

To apply, you must provide evidence in the form of photographs or videos confirming the fact of smoking at a public transport stop, and the testimony of two witnesses.

If the intruder is a passenger or passerby:

• make a remark and ask to throw away the tobacco product;
• contact the police or the Fire Department.

So, the ban on smoking at public transport stops was not adopted at the federal level (except for stops near public places or equipped with retail outlets), however, many regions received the right to include this facility in the list of places free from tobacco smoke.

In this case, placing a prohibitory sign is mandatory. For violation of the ban, administrative punishment is provided in the form of a fine, which can be issued by internal authorities.

Description of the law

This document is intended to solve the following problems:

• designate a list of places where the use of cigarettes is strictly prohibited;
• protect non-smoking citizens, including minors, from the consequences of passive smoking;
• motivate smokers to gradually reduce the number of cigarettes they use daily.

According to the law, the ban on smoking in buildings, including entrances, applies to all residential multi-apartment buildings without exception. Legislators proceed from the fact that all residents of the house use the entrance, therefore, smoking can harm both small children and people prone to allergic reactions or suffering from respiratory diseases. And for adults who do not have health problems, passive smoking causes irreparable harm.

Bans on smoking vapes and hookahs

Let's consider whether it is possible to smoke electronic cigarettes and hookahs on the street. According to No. 15-FZ, smoking hookahs is equivalent to using tobacco. For hookah smokers, the same fines apply as for other smokers.

Hookah

Smoking electronic cigarettes in public places is prohibited by law.

In 2021, the Government approved a proposal: to equate vapes with tobacco products. Smoking vapes and e-cigarettes in parks is now permitted in designated areas.

Where is smoking officially allowed?

Smoking in parks and squares may be permitted in special areas. This exception is written into the text of the smoking law. Requirements for smoking areas located in parks or public gardens in the open air:

1. Installation of a metal urn for cigarette butts.
2. Presence of a “smoking here” sign.
3. Availability of lighting at night.
4. Installation of stands with information about the dangers of tobacco.

in autumn

Parks are not required to provide smoking areas. If there are no such places in the green zone, then smoking is prohibited throughout the entire territory. The park administration is obliged to regularly clean the designated areas. Installation of the canopy and benches is at the discretion of the administration.

Registration of a fine

The protocol on an administrative offense is written out in two copies, the second copy must remain with the offender. If the protocol is drawn up in relation to you, then you can write in it whether you agree or disagree, for what reasons, etc.

Most likely, if police officers saw you doing this, their testimony will be enough for you to be issued a fine, and you will not be able to effectively appeal it in court. In such cases, it is almost pointless to butt heads with law enforcement agencies; judicial practice is always on their side.

Prosecution

Where to go next? The collected materials are sent to the district police officer or the duty station of the local police department along with a statement containing the following information:

• Applicant's passport details,
• Description of what happened (with dates and times);
• Information about the identity of the smoker.

Based on the evidence received, the district police officer or police officer:

1. Registers the submitted application.
2. Provides his number to the applicant.
3. Initiates a case of administrative violation (within 10 days from the date of application).
4. Makes a tour of apartments where violators live.
5. Conducts an investigation.
6. Prescribes a punishment.

In some regions, these powers are performed by employees of housing inspection authorities, the fire department of the Ministry of Emergency Situations or Rospotrebnadzor.

The applicant has the right to inquire whether a case was opened and what fine was imposed on the offender. If there is no response to the complaint, you can safely contact the prosecutor's office.

What should a smoking room look like in a public place?

According to the adopted law, organizations are required to establish a separate place on the street or indoors designated for smoking for staff and visitors. An outdoor smoking room must have:

1. an inscription confirming the smoking area;
2. lighting device at night;
3. ashtray or trash can.

The smoking room equipped in the building should be:

• completely isolated from non-smokers and not cause them discomfort;
• equipped with a ventilation hole and a fire extinguisher;
• equipped with a special inscription and an urn.

Thus, in order to avoid the imposition of penalties, you should smoke in designated or not prohibited places, and it is better to completely abandon this harmful habit.

Civilized ways to prevent violations

Usually people do not want to conflict with their neighbors in the building, so they simply ignore the fact that they continue to smoke in prohibited places. This leads to a deterioration in their health as they become passive smokers.

Before contacting the police, it is recommended to use some civilized methods to prevent violations. These include:

• It is advisable to hang a notice on the front door indicating that smoking is not allowed in the entrance, and it should also be clarified that violation of this requirement will lead to the need to use the help of the police to bring smokers to justice;
• It is recommended to indicate in the advertisement the amount of the fine that violators captured in the photo or video will have to pay;
• Usually all the neighbors know who exactly smokes on the site, so a peaceful solution to the issue is considered optimal, for which sometimes it is enough to ask the neighbors to smoke somewhere else, explaining this by their poor health or the presence of small children;
• It is advisable to involve other neighbors in this issue, and you can also organize a meeting of owners where this important issue will be discussed, it will be possible to organize a separate place intended for smoking.

Some citizens even prefer to file a claim in court, demanding compensation for damage to health, but in most cases such cases end in the dismissal of the claim.

Thus, smoking in the entrance and in some other places where there is a constant crowd of people is prohibited by law . This is specified in several regulations that should be studied by every smoker. For violation of these requirements, certain penalties are certainly imposed, which are represented by large administrative fines. Their size depends on whether the violator is an individual or a company.

Residents of high-rise buildings can make different decisions at a meeting regarding people who smoke in the entrance. A specific smoking area may be organized or different measures may be used. It is advisable for each resident to take care of his own health, so if it is not possible to come to an agreement with neighbors through peaceful means, you will have to photograph them or film them, and then transfer the materials to the police.

Popular myths about smoking in green areas

1. “If there are no smoking areas in the park, you can smoke a cigarette anywhere.” No. The absence of sites means a complete ban on smoking in the green zone.
2. “You can smoke next to any trash can.” Smoking is allowed only in areas that are marked with a special sign.
3. “You can light a cigarette when there is no prohibiting sign in sight.” The administration is not required to hang signs on every tree. Rules for visiting the park are available on information boards and on the organization’s website.
4. “The ban does not apply to graduation, city day and other holidays.” On the contrary, smoking is prohibited during public events. The number of patrol officers increases on holidays, as does the risk of getting a fine.

Special place for smokers

Rules for carrying out punishment

Often people are faced with the fact that their neighbors in the house or entrance constantly smoke in the wrong places, which leads to the fact that they have to regularly breathe in tobacco smoke. Usually, persuasion and requests do not in any way influence the violators, so we have to use other methods to bring them to justice.

The imposition of fines is carried out by police officers, but these penalties can be applied to companies not only by the police, but also by the fire service, as well as Rospotrebnadzor.

Most often, people have to deal with the fact that neighbors constantly smoke in the entrance. To punish them, you need to perform sequential actions :

• the fact of violation is recorded using video or high-quality photographs, and the smoker himself must be clearly visible on them;
• at least two witnesses are invited to confirm that the existing photos or videos are indeed real;
• A statement is written to the police, to which the materials made are attached.

Based on the evidence received, police officers To do this, they come to their place of residence, after which a protocol of the offense . Smokers are presented with evidence.

You can also simply write a statement to the police stating that the basic provisions of the law are constantly being violated at a particular entrance. The police are required to conduct an investigation, and the district police officer must also visit all apartments where smokers named in the application live.

You can be held accountable not only once , so it is possible to record several facts of violation, for each of which a fine will be imposed, so the total amount can even exceed 50 thousand rubles.

To avoid disputes and difficult relationships with neighbors, it is recommended to first use various measures to prevent this violation.

Requirements for organizing smoking rooms

A place for using cigarettes can be arranged outdoors or indoors. Such a smoking area must be marked with a special sign and illuminated at night. An ashtray or trash bin should be provided for leftover cigarettes.

Requirements for equipping smoking rooms inside buildings:

• The room must be well insulated so that others are not disturbed by the smell of smoke.
• For fresh air to flow in, it is important to provide forced ventilation.
• The place is indicated by a special sign - smoking area.
• There should be a trash can and a fire extinguisher inside.

What law prohibits smoking

Anti-tobacco law No. 15-FZ was adopted in 2013. This law prohibits citizens from smoking tobacco, nicotine-containing products and hookahs in public places. The list of public areas includes:

• educational organizations;
• cultural institutions;
• buildings and grounds for sports;
• commercial premises;
• workplaces of various types;
• catering establishments;
• local areas, including playgrounds;
• elevators, stairs, platforms in apartment buildings;
• administrative buildings;
• public transport;
• medical organizations;
• rehabilitation centers;
• sanitary and resort institutions;
• social organizations;
• car refueling stations.

Zaryadye Park in Moscow

In the current version of the law, parks and public gardens are not mentioned directly. But you can still get a fine for smoking in such places.

Park areas are regarded as cultural institutions.

In 2021, amendments were made to the text of the law. But even the new version did not include a direct ban on smoking in public gardens and parks. The 2021 amendments prohibit smoking in common areas of communal apartments.

Where is smoking allowed in 2018-2019

Let's also consider places where smoking is allowed. The list is much shorter, but you don’t have to worry about penalties in the listed places:

1. Smoking is permitted inside your personal property. This applies to the car and living space (you also have the right to smoke on the balcony).
2. Almost everywhere on the street, the exceptions are the territories listed above and the 15-meter border from metro stations, airports, ports, train stations, bus stops.
3. You can smoke at work, however (!) only in a specially designated and equipped room.
4. On passenger platforms for waiting for passenger trains.

What to do if a neighbor smokes in the apartment and the smell bothers you

The law allows citizens to smoke within their own apartment. But if the smell and smoke disturb the neighbors, then they have the right to make comments and contact the police. Tobacco smoke can enter someone else's apartment through windows and balconies or through the ventilation system in the kitchen or toilet.

Neighbor in the apartment

Find the source of the odor and smoke:

1. If a neighbor smokes on the balcony, you should contact the police. In 2021, there is a decree that prohibits lighting a fire on a loggia or balcony.
2. But if a neighbor smokes in their rooms, you cannot punish him for it. The ventilation in the house is poor.

A complaint about poor ventilation should be filed with the management company. Employees of the organization must check the ventilation system, eliminate blockages and other problems. If the organization is inactive, you need to file a complaint with Rospotrebnadzor and the State Housing Inspectorate. This is how you can make the organization work.