Responsibility for smoking in public places Coap. Law banning smoking in public places
In which addiction to nicotine develops. Some people relieve stress or dull the feeling of hunger in this way, while some simply cannot cope with a bad habit and stop deteriorating their health. What does smoking entail? in public places and how to get around the law?
Ban on bad habit
Smoking in public places is not liked enough a large number people who take care of their health. This is no coincidence, because a passive smoker receives great amount harmful microelements, without wanting it. Scientists have proven that a person who breathes tobacco smoke gets much more harmful substances than the smoker himself.
In the last five years, cities in Ukraine and Russia have been actively fighting for a healthy lifestyle. That is why in Ukraine in 2012, and in Russia in 2013, a law was passed that prohibits smoking in public places.
Pros and cons
The adopted law implies that smoking is allowed either on private property or in specially designated areas. This innovation to ban smoking in public places has both positive and negative nuances. Of course, such a law is liked by people who adhere to healthy image life. They can easily enjoy fresh air, breathe full breasts and don’t worry about your lungs and health.
But not without negative points. The law implies fines. In Russia, their amount ranges from 500 to 90,000 rubles. It would seem nothing supernatural, if not for one thing! The owner of a public establishment in which a visitor lit a cigarette must pay a fine of 40,000 rubles. There were many cases when a visitor lit a cigarette without permission, and the owner of the establishment paid for it. And smokers themselves often do not support the law, since in order to have a smoke break they will also have to find a place where it is allowed.
How to get around the law
If you are still a smoker and want, as before, to retire to a cozy cafe with a cup of coffee and a cigarette, then this information is for you. It is no secret that not all establishments adhere to the ban on smoking in public places. After studying the information, you can easily find a cafe or restaurant that allows smoking. However, you need to be careful, because this is prohibited, and you risk paying a considerable sum for five minutes of weakness.
Violator statistics
Every day, at least five smokers in every city shell out a hefty sum to smoke in public places. Statistics show that every year the number of illegal smoking people is getting smaller and smaller. They catch violators in a wide variety of places, from local areas to bus stops.
Misconception
It's no secret that some smokers are minors. Teenagers often smoke in hallways and believe that it is not prohibited since it is private property. This opinion is wrong. According to the law, smoking in the entrances of residential buildings is also unacceptable. Most often, entrances are the property not of the residents themselves, but of the housing office, and that is why you can earn a fine there too.
Ban on electronic cigarettes
After a three-year war against smokers, last summer it was proposed to ban and e-Sigs, but only if their Negative influence on the human body. It is even planned to allocate funds for a detailed study of this topic.
Where exactly is smoking prohibited?
Smoking in public places has been prohibited for 4 years. A lot of people are fined every day. Despite enough long action ban, not everyone knows where smoking is prohibited. The law prohibits smoking in cafes, elevators, entrances to residential buildings, transport, as well as on sports and children's playgrounds. Simply put, you can only smoke in designated areas.
Should you smoke?!
Smoking certainly has an irreversible effect on active and passive smokers. A person with this bad habit risks not only his own health, but also the well-being of those around him. Smoking affects absolutely everyone internal organs. The heart and lungs are most at risk. To smoke or not is up to you. However, if you don't have extra Money and are not ready to pay the fine, then carefully choose the place for this.
Fines for smoking in public places provided for by the norms of the Code of Administrative Offenses of the Russian Federation. We will talk about the size of such fines and places where smoking may result in a fine being imposed in this article.
Law on smoking in public places
The above law regulates, among other things, issues related to smoking in public places and is designed to significantly complicate the life of smokers, thereby not only protecting non-smokers from toxic smoke, but also in some way encouraging smokers to get rid of their addiction.
In accordance with current legislation, it is prohibited to smoke in public places (places of public gatherings), closer than 15 meters from the entrance to public buildings, on the territory of railway and river/sea stations, catering establishments and social services, cultural, educational and entertainment facilities. Smoking is also prohibited in temporary accommodation organizations (hotels, hostels, etc.). The same requirement applies to trains long distance And sea vessels, playground areas, entrances, etc. In other words, smoking without fear of being fined is now only possible on the street, away from various kinds enterprises, institutions and organizations, bus stops and other crowded places, as well as in your apartment.
It is important to note that the responsibility for smoking in in the wrong place occurs not only for citizens who actually smoke, but also for those who are obliged to provide proper notice of the smoking ban. That is, legal entities and individual entrepreneurs must equip their premises with signs prohibiting smoking everywhere except in places specially designated for this purpose. Moreover, such places must be equipped with an exhaust hood and meet fire safety requirements.
Fine for smoking in a public place
If you neglect the requirements of the law, law enforcement officials may apply administrative punishment against you in the form of a fine, the amount of which depends on what specific acts you committed. Thus, one of the following fines may be applied:
- If you smoke in a place that, in accordance with the provisions of the anti-tobacco law, is prohibited, a government official may draw up an administrative protocol against you and impose a fine in the amount of 500 to 1,500 rubles.
- If a citizen smoked not just in a public place, but on a playground, then the size of the fine increases significantly. In this situation, the administrative fine will be from 2,000 to 3,000 rubles.
- If a person is involved in involving a minor in the process of consuming tobacco, he will have to answer for his actions by paying the state a fine of 1,000 to 2,000 rubles. Persons who purchase tobacco for minors, treat them to cigarettes, or promote the idea of smoking among them can be held accountable under this clause.
- If the actions described above are committed by the parents of a minor, then the fine will be from 2,000 to 3,000 rubles.
Other fines provided for by anti-tobacco legislation
The above fines apply only to those persons who directly smoke or provoke minors to such actions. However, the law provides for liability not only for them, but also for persons who are obliged to take measures to limit tobacco consumption or create special conditions for smokers.
- If a legal entity or officials fail to fulfill their obligations to place signs prohibiting smoking, or if they violate the procedure for placing such signs, sanctions in the form of a fine may be applied to them. For officials, the fine ranges from 10,000 to 20,000 rubles, for legal entities - from 30,000 to 60,000 rubles.
- If a legal entity has not fulfilled its obligation to equip a smoking area (both outdoors and in isolated rooms), this may be grounds for imposing a fine. For officials of an enterprise - from 20,000 to 30,000 rubles, for a legal entity - from 50,000 to 80,000 rubles.
- If an individual entrepreneur or legal entity does not fulfill its duty to control tobacco smoking, thereby failing to protect the health of citizens from harmful effects tobacco smoke in their territories, administrative sanctions in the form of fines may also be applied to them. For individual entrepreneurs the fine ranges from 30,000 to 40,000 rubles, and for legal entities - from 60,000 to 90,000 rubles.
As you know, smoking in public places is prohibited in 2019. You may receive an administrative fine for this. This provision is enshrined in the so-called “anti-tobacco law”. In addition, to find out how much of a fine you will have to pay and to clarify for yourself the list of places recognized as public, see Article 12 of the Code of Administrative Offenses. The fine for smoking in public places is imposed in order to combat smoking among the population of the Russian Federation different ages. In 2019, a special emphasis is placed on protecting minors from bad habits. This raises the question, where can you still smoke? Especially interesting for residents apartment buildings does the anti-tobacco law allow and articles of the Code of Administrative Offenses smoking on the landing in 2019?
In general, Federal Law 15, which protects citizens from the harmful effects of tobacco products, was adopted in 2013. However, as of this year, not all of its provisions have legal force. Some items will become legal only in 2019. But all articles regarding fines (including fines for smoking in the entrance hall) have already been in force since 2014. In order to avoid responsibility for a bad habit, which not every person can pick up and give up, it is necessary first of all memorize a list of places where you can and cannot smoke. This is exactly what will be discussed in our article. And also, about how much a careless smoker will have to pay in 2019, what the size of the fine is provided for by Russian legislation.
Among other things, visitors to the “PravPotrebitel” website have the opportunity to receive free consultation from experienced lawyers for free.
Under public places refers to places of general congestion of people, territory common use, not privately owned. In 2019, it is prohibited to use tobacco products in the following places:
- institutions intended for culture, sports and pastime for the younger generation;
- medical institutions of any kind;
- playgrounds for children to walk;
- organizations whose focus is sanatorium and resort treatment;
- premises owned by social services;
- in public transport (and staff, for example, on an airplane, can smoke);
- in shops, shopping centers, markets, etc.;
- in a restaurant, cafeteria, catering establishments, etc.;
- in hotels, hostels, hotels and other residential premises;
- in the building of administrations, village councils, etc.;
- At work;
- at the entrance;
- in the elevator;
- on the beach (if it is public);
- on the platform for passengers;
- at a gas station.
The provisions of Article 12 of the Code of Administrative Offenses prohibit smoking in a public place, provided that the facility does not provide a special place for this. In 2019, most shopping centers and restaurants will equip smoking rooms. airplanes and trains have designated smoking areas, etc. In specially designated areas you will not have to pay for tobacco smoke abuse. The main thing is to follow the rule about not involving minors in harmful activities.
Permitted areas for smokers
There are much fewer places where smokers can relax without fear of getting a fine than places where smoking is prohibited. But still they exist. You can smoke:
- in places specially designed for this (we have already mentioned “smoking rooms” above);
- in the entrance, but provided that there is a ventilation hood there;
- in your own car;
- in your own apartment (here you should rely only on your own conscience if children live in the apartment with you);
- on the street;
- near the entrances to the airport, train station, metro, etc., but not coming closer than fifteen meters to the door;
- At work.
Don’t be surprised, you can also smoke at work, but under certain conditions.
It is necessary to equip a special place (for example, in an office there are 10-15 people working in one room, and not all of them may agree to smoke at their desk). It is necessary to obtain the consent of the employer or owner if the premises are rented. At the same time, in any of the permitted places it is necessary to protect teenagers and children and not draw their attention to cigarettes. The distribution of cigarettes among teenagers is especially severely punished. You also need to pay attention to the sign. If you see a sign with a crossed out cigarette, it’s better not to risk it and light a cigarette in the vicinity of it. It is unlikely that a fine can be avoided in such a situation.
How much is the fine in 2019?
Not only citizens who violate the anti-tobacco law can be fined this law. Legal entities also fall under the status of violators. Firstly, a fine can be imposed on managers who are conniving and turn a blind eye to violators who smoke on their territory. Secondly, more serious punishment awaits those enterprises that are involved in the illegal distribution of tobacco products to minors. Not only internal affairs bodies, but also Rospotrebnadzor and fire services have the right to punish legal entities.
What careless business managers and individual smokers should be wary of in 2019:
- 500 – 1500 rub. – those who like to indulge in cigarettes in a public place;
- 2000 – 3000 rub. – smokers in areas intended for children;
- 1000 – 2000 – smoking in company with children under eighteen years of age;
- 2000 – 3000 rub. – parents who smoke in company with their own children (that is, smoking with someone else’s child is still cheaper, but the moral side of an adult’s behavior in both cases is negative);
- 3000 – 5000 rub. will be received by an individual for distributing tobacco products among young people;
- 100,000 – 150,000 rub. will receive a legal entity for distributing tobacco products among young people.
It is worth considering that not all fines issued by law enforcement agencies have a legal basis. The common man needs to remember that the fact of an offense must be proven. In this case, video recordings and photographs will not be taken into account in court. If you have problems with law enforcement agencies (or with fire services, or with Rospotrebnadzor) and you do not agree with the issued decision on an administrative offense, you have the opportunity at any time to get a free consultation from experienced lawyers. To do this you need to fill out the form feedback and wait a little while the answer comes.
On June 1, 2013, with the exception of a few provisions, the Federal Law comes into force Russian Federation dated February 23, 2013 No. 15-FZ (hereinafter referred to as the Law), 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 is a party to the Framework Convention World Organization Tobacco control, the adoption of the new law is a fulfillment of commitments to combat smoking and reduce deaths due to tobacco use at the international level. Naturally, the adoption of the “anti-tobacco” law, as it is also called, caused controversial opinions in society, because 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 starting from June 1, 2013, smoking will be prohibited in schools, universities, hospitals, clinics, sanatoriums, and government buildings. state power, municipalities, social service premises, elevators and entrances, airplanes, urban and suburban transport, inside and closer than 15 meters from the entrances to train stations and airports, metro stations, sports and cultural sites, 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 |
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Individual | Executive |
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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; |
|
Tobacco sponsorship | Fine: 80,000 – 150,000 rubles; | Fine: 5000 – 7000 rubles. |
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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; | Fine: 5,000 – 20,000 rubles; |
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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).
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Survey time: May 20-26, 2013 |
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 in the act. 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 even before the Law came into force similar rules. 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 special places outdoors for smoking tobacco and to the allocation and equipment of isolated rooms for smoking tobacco.
Draft orders and requirements for smoking premises and a no-smoking sign
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These requirements stipulate that smoking areas are located outside areas and premises where smoking is prohibited and must comply with hygienic standards for keeping them in atmospheric air 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 harmful effects 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 prerequisites, restrictions or their combination to the no-smoking sign and the order of its placement to designate territories, buildings and objects where smoking tobacco 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 the territory, facility or building where smoking is prohibited (at Vehicle- 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 services, a 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 of a standard configuration for six people costs about 200 thousand rubles.
Monitoring the compliance of smoking areas approved standards will be assigned to Rospotrebnadzor. For violation of approved standards, the department has the right to issue fines. On this 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 refuse bad habit, or smoke outside the premises. 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 State Duma at a plenary meeting held on May 24, 2013, he 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 stay longer and healthy life. We help and support employees who want to quit smoking, as we understand that this can sometimes be very difficult to do. We have developed a global standard, which the Russian division of Unilever also adheres to. For employees who want to quit smoking, there are support programs: lectures are organized, consultations with specialists on smoking cessation, paid drug treatment and so on. After the anti-tobacco law comes into force, it will become easier to comply with our global standard, since similar laws have been in force in European countries for a long time." |
Where to go if a smoker intentionally continues to violate the Law?
For those who, on the contrary, suffer from addiction there are several neighbors on the landing legal methods impact on 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. Post an announcement about the ban on 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.
Before 2013 there was practically no common prohibitions for smokers. Came into force in February 2013 the federal law, designed to protect the health of citizens from the dangers of smoking. Moreover, all subsequent years - 2014, 2016. - changes were constantly made to it, expanding the list of places prohibited for smoking. In addition, strengthening measures against smokers was adopted on October 14, 2015.
The list of prohibited places is so extensive that it is easier to name where free smoking is allowed. However, to make things completely clear, we will list all prohibited places:
- The territory and premises of hospitals and any medical institutions providing medical, rehabilitation and sanitary-resort services. Therefore, going to therapeutic holiday to the sanatorium, you should take this information into account. Please note that the law also prohibits the organization of special smoking areas in such institutions, and this must be an internal order.
- Theatres, cinemas and other cultural institutions and youth affairs bodies - this applies to both the premises and the territory of such institutions.
- Educational institutions of all types - universities, schools, children's preschool institutions, sports schools and any institutions providing educational services.
- Restaurants, cafes, shopping centers and stadiums, office buildings, shops, that is, almost all public places. Punishment is provided for both indoor and outdoor smoking in the immediate vicinity of the entrance - the distance must be at least 15 meters.
- Similar rules about a distance of 15 meters apply to smoking at bus stops. public transport, near metro stations, platforms and platforms, railway station buildings, etc.
- On trains of any distance and electric trains, airplanes and airports.
- On children's playgrounds.
- In common areas of apartment buildings - entrances and staircases.
- In the park there is recreation and forest park, on the beach, as in crowded places.
Is it possible to smoke electronic cigarettes in unauthorized places?
The initial clarification made it clear that e-cigarettes do not amount to tobacco products. But the situation promises to change radically in 2017, and according to experts’ forecasts, changes will be adopted that equate ES and electronic hookah to a tobacco product.
Therefore, our answer is clear - electronic cigarettes cannot be smoked in unauthorized places!
Amount of fine
How much will a lawbreaker pay? The size of the fine issued for smoking in the wrong place can range from 500 to 3000 rubles. The punishment for violating the law is regulated in more detail by the Code of Administrative Offenses of the Russian Federation. The minimum fine is 500 rubles. But in fact, the total amount may exceed 3,000 rubles.
For example, for smoking on a playground, the Code of Administrative Offenses provides for a fine of 2,000 rubles, which is added to the general fine for smoking in the wrong place of 1,500 rubles. Result - 3500 rubles. The fine for minors, of course, will be paid by the parents. The law also provides for liability for adults who involve children in the process of smoking.
How to pay the fine?
Besides traditional way payment of a fine at a branch of any bank; it is possible to pay via the Internet. At the same time, the payment period and penalties for late payment are regulated by the administrative code.
Who can fine?
fine individuals Only the police can - it is the police who are entrusted with the functions of monitoring compliance with the law and drawing up a protocol on the fact of a violation.
To whom and how to complain?
To punish violators, you must contact the police. To suppress violations in public places such as entrances and landings, as well as common areas in communal apartments, it is recommended to stock up on video evidence.
