What to do if neighbors smoke in the entrance, where to go? Is it possible to smoke in the entrances of apartment buildings according to the laws of the Russian Federation?

Quite a lot has been said about the dangers of smoking and its harmful effects on the human body. But inhalation of air containing tobacco smoke by a non-smoker is no less dangerous. This is called passive smoking. And a passive smoker receives the same set of chemical components and toxins as a heavy smoker. Moreover, experts have proven that sidestream smoke can be more toxic than the main smoke. But what if your neighbors smoke? Is it possible to defend yourself?

nicotine;
benzene;
carbon monoxide;
cadmium;
formaldehyde, etc.

For a non-smoker, the reaction when entering a room filled with tobacco smoke manifests itself almost immediately. This is a cough, headache, irritation of the mucous membranes.

Proven fact: Staying a non-smoker in a closed room filled with tobacco smoke for about 8 hours is equivalent to 5 personally smoked cigarettes!

With a single and relatively short-term exposure to tobacco smoke on a non-smoker, the harmful components are eliminated quickly enough and we can talk about insignificant harm to health. But with regular, prolonged exposure, a passive smoker risks his health quite realistically.

A special topic is children and passive smoking! Children living in families of smokers, who therefore constantly find themselves in the role of passive smoker, often suffer from various diseases of the respiratory system. Among them there is a high percentage of developing diseases such as asthma. These children have lower resistance to pulmonary infections, as a result - frequent exposure to bronchitis, pneumonia, etc.

The problem of passive smoking is so obvious that in 2013 the State Duma adopted a law banning smoking in public places, including in the entrances of apartment buildings. But, unfortunately, it cannot be said that this law is successfully applied in practice, and smoking neighbors remain a very pressing problem in 2015, 2016, and 2017. Toli will still be there.

What to do if a neighbor smokes on the balcony?

One of the problems that residents of apartment buildings face is neighbors smoking on the balcony. Could this be a problem? We're sure it can. The architectural features of most domestic houses imply a fairly close proximity of balconies and loggias to each other.

Sad but true! A pregnant woman exposed to second-hand smoke harms not only her health, but also the health of her unborn child.

And in practice, this means that tobacco smoke from the balcony easily enters adjacent open windows or balconies. Let's try to figure out whether this issue is regulated by law?

Unfortunately, the territory of a balcony or loggia does not belong to common areas, such as, for example, the entrance area. In a certain sense, the balcony acts as an extension of the apartment, and it is impossible to influence the neighbor who uses it for smoking. Only personal agreements with him are appropriate here.

What to do if neighbors smoke in the entrance?

The situation is completely different with smoking in the entrance. The entrance is clearly interpreted by law as a place of public use. This means smoking is prohibited here. Tobacco smoke not only disturbs residents passing through the entrance at that moment, but is also capable of penetrating into apartments on the landings.

And if in this case we have a tool to combat smokers in the form of a law, then the pressing question remains: how to influence such neighbors? The fact is that to bring them to justice, evidence is required. That is, this fact must be recorded directly by a representative of the authorities, for example, a local police officer, or three witnesses must be presented. Agree, this is a rather labor-intensive process, and a smoker can categorically challenge eyewitness accounts, accusing them of bias and interest. The best option remains to establish contact and dialogue, positive agreements.

What to do if your neighbors in a communal apartment smoke?

Communal apartments remain a sign of our time today. Therefore, the question quite naturally arises: is it possible to influence smoking neighbors in a communal apartment? After all, this happens inside an apartment whose residents are shared owners. The question is often asked, what to do if neighbors smoke in a shared kitchen? As it turns out, here you can also defend your rights to a healthy lifestyle.

According to Article 41 of the Housing Code of the Russian Federation 1. Premises in a communal apartment intended to serve several rooms are common. That is, the kitchen, corridor, toilet and bathroom in such an apartment are common areas and the law banning smoking in public places may well be applicable to them. If you do not find a common language with your neighbors, then you will have to contact the local police officer to draw up a protocol on the fact of the violation. It will be good if you have evidence in the form of video recording, for example.

It’s another matter if your neighbors smoke in their rooms - you won’t be able to influence this, although it is objectively clear that the risk of continuing to breathe someone else’s smoke is very high.

What to do if neighbors smoke in the toilet?

The toilet is a public place for all owners. And, therefore, smoking in it violates the rights of other residents.

But often we are faced with a situation where, due to the architectural features of our apartment buildings, tobacco smoke spreads well through the ventilation ducts. And a neighbor who smokes and chooses the toilet as a place for his habit can cause inconvenience to many. Unfortunately, it will not be possible to influence such actions by applying the law. The only option is to come to an agreement.

What to do if neighbors smoke on the landing?

Smoking is prohibited on the landing, so you have every right to make claims against your smoker neighbors. In half of the cases, the issue can be resolved through simple negotiations. Simple human respect still matters for many. But if you are unlucky with your neighbors, and your requests have no effect, and you are ready to aggravate relations, then you should contact the district police officer to bring your neighbors to administrative responsibility.

Options for solving the problem

We have looked at several of the most common cases when we become hostages of smoking neighbors and, accordingly, have every prospect of becoming passive smokers with all the ensuing health consequences.

What could be the ways to solve the problem?

Make your neighbors follow the rules

The law adopted in 2013 clearly outlined the ban on smoking in public places, which fully includes entrances, staircases and other common areas in apartment buildings.

Therefore, residents who are concerned about the presence of tobacco smoke have every right to demand compliance with this law. The tools for this can be different - from oral conversations and placing signs prohibiting smoking in public places, to involving representatives of law enforcement agencies to draw up a protocol on violation of order.

Negotiate with neighbors

Despite the existence of the law, we have to look at the situation objectively. You may well find yourself in a sad minority if all the neighbors of your building smoke and not everyone wants to meet you for purely human reasons.

Such a struggle with the majority may be ineffective. Therefore, in some cases it is necessary to look for other ways and the possibility of reaching an agreement. One solution could be to install a special place in the entrance for smoking, if the layout and size of the entrance allows this.

Alternatively, you can agree that smoking is not allowed on areas where children live in apartments. Variations are possible here - it is up to you to look for optimal solutions.

Come up with alternative solutions to problems.

If you can’t reach an agreement, then take independent measures to protect your home. You can install additional air filtration systems in your apartment and be sure to pay attention to fans for ventilation ducts with a check valve. This design will prevent smoke from entering your apartment. Also take care to seal cracks and cracks through which tobacco smoke can enter your home.

Amount of fine

Based on the drawn up protocol of administrative violation, the amount of the fine for smoking in a public place can range from 500 to 1,500 rubles.

Who can fine?

Only police officers can issue a fine to a private person for smoking in an unauthorized place. In this case, a standard scheme for identifying administrative offenses is used. The basis may be photo and video evidence documenting the fact of the violation.

Who should I complain to?

Accordingly, to stop an offense of this type, you should contact the police. If we're talking about about neighbors who smoke in public places, you should file a complaint with the local police officer.

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Smoking is a habit that is unpleasant not only for the person who owns it, but also for the people around him. Smoking neighbors cause no less trouble than smoking, and considering that it is harmful to health, even more.

Unfortunately, it is simply impossible to avoid stinking smoke - neighbors smoke in the apartment, and other people do not lag behind them at bus stops, on the street and in the office - after all, no one pays attention to the laws protecting everyone’s right to clean air. However, the rules exist, and if it is impossible to hold people on the street accountable, then the neighbors who poison you with their smoke are quite possible.

What to do if your neighbor smokes?

Is it really dangerous? A smoking neighbor, obsessed with a bad habit, responds to criticism and requests in the same way: “I’m at home - I do what I want,” “smoke will harm no one.” Unfortunately, the second statement is completely wrong, because today we know that a passive smoker receives a very decent dose of harmful substances.

Smoke contains 69 proven carcinogens and more than three thousand other harmful chemicals. The dangers of passive smoking

Companions of passive smoking are cancer. Moreover, cancer affects a variety of organs, from the lungs to the brain.
There is a risk of developing a disease that will affect the respiratory system. A person who breathes carcinogens may develop asthma.

Needless to say, the risk of passive smoking for children is a variety of different diseases that affect many organs of children.

Law on smoking in apartments

Our country has laws on smoking in apartments, which are supposed to protect people who do not want to inhale cigarette smoke. However, it should be remembered that there are also laws according to which a person has personal space - neighbors who smoke on the balcony are not obliged to report to anyone for what they do. Because the balcony is part of the apartment, and no one can be punished for smoking in their own apartment. Residents of the Serebryany Klyuch residential complex will suffer the least from this

Article 7.21 of the Code of Administrative Offenses of the Russian Federation states that causing damage to residential buildings and premises, as well as using them for other purposes, entails a warning or a fine. But appealing to the code will only work if the neighbor smokes in the entrance and in other public places.

Penalty for smoking in the apartment

The Federal Law “On the Sanitary and Epidemiological Welfare of the Population” helps to combat the addiction. By the way, the tenth article of this law states that citizens should not commit actions that violate the rights of other people to health care and a good living environment. The Code of Administrative Offenses of the Russian Federation, or more precisely, Articles 6.3 and 6.4, makes it possible to “take a cigarette out of your neighbor’s hands.” The Code assumes liability for violation of sanitary and epidemiological requirements in residential premises. According to the code, such violations are considered by the state. sanitary-epidemiological service of the Russian Federation or police officials.

Oddly enough, the Federal Law “On Restricting Tobacco Smoking” is unlikely to help get rid of smoking neighbors. It includes bans on smoking in transport, at work, but not in living quarters.

How to act according to the law or not?

This choice is always yours. But in any case, it’s worth trying to reach an agreement in an amicable way. This will help maintain good neighborly relations and quickly resolve the problem. At the same time, do not forget that it is best to find a compromise that suits both sides of the dispute.

We need to remember both the strengths and weaknesses of the legislation.

If the neighbors downstairs smoke on the balcony or in the entrance - in any case, act decisively, taking the Code of Administrative Violations as your assistant.

You can file a complaint with the territorial office of the Federal Service for Supervision of Consumer Rights Protection, demanding that criminal charges be brought against your neighbors. 6.3 and 6.4 code.
You can also contact the police, but most likely the result of this will be a recommendation: you will again be asked to contact the federal service.

The main thing is not to be afraid - sometimes it seems that smoking in an apartment is too petty a reason for which you should not contact the police and other government agencies. But remember that your neighbors are unlikely to listen to your requests and threats, and every cigarette they smoke is a blow to your health. Neighbors smoke in the apartment, jeopardizing the health of others - unfortunately, this problem is not only yours, but also that of many, many people. But until someone starts to act decisively, the situation will not change.

Tobacco smoke can cause a lot of inconvenience, not to mention that smoking, even secondhand smoke, causes serious health problems. But what do they smoke in the entrance, ignoring not only moral and ethical standards, but also the norms of the law? Read how to deal with violators in the article.

The main legal act regulating the consumption of tobacco products in public places is Federal Law No. 15 of February 23, 2013. Many amendments have been made to this law.

As of 2017, smoking is prohibited in almost all public places. This is especially true for public transport and waiting areas, areas of children's and youth institutions, as well as areas where people work, live or shop.

Dear readers! We cover standard methods for solving legal problems, but your case may be unique. We will help find a solution to your problem for free- simply call our legal consultant at:

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Violation of the smoking ban entails administrative liability under Art. 6.24 Code of Administrative Offenses of the Russian Federation.

In accordance with this regulatory act, the fine for smoking is:

500-1500 rubles – for smoking in public places;
2000-3000 rubles – for using tobacco products on playgrounds.

All of these measures are aimed at protecting people who do not use tobacco from its effects. Another important goal is to ensure that children and young people are not set a bad example.

Smoking in an apartment building

Stopping your neighbors from smoking is not easy, but it is possible. However, you should be prepared for the fact that relationships with residents will be damaged. Most likely irrevocably. Let's figure out where you can smoke and where you can't.

At the entrance

Smoking in the entrance is prohibited at the federal level. This applies to all nicotine-containing products, except e-cigarettes. You can smoke a regular cigarette only at a distance of 15 m from a residential building. Of course, provided that there is no children's playground there.

What can residents of the house do to authorize smoking in the entrance? You can submit a collective application with a request to equip a special smoking area. It must be signed by at least 50% of all residents of the apartment building.

The application is approved at a general meeting of residents. Any of the owners can become the initiator of its implementation. Residents can be notified of the place, time and purpose of the meeting by posting notices on boards near the entrance.

The process of discussion and decision-making will need to be recorded. If the owners decide that a smoking room is needed, they will need to find a ventilated room with good insulation.

On the balcony

Neighbors smoking on the balcony is a fairly common problem. In addition to unpleasant tobacco smoke, there is the problem of ash or cigarette butts getting onto neighboring balconies, which are thrown out by the smoker inadvertently or even on purpose.

Housing legislation establishes that the balcony slab is not the property of the tenant. However, it cannot be recognized as common property. Based on judicial practice, we can say that the balcony belongs to the owner. And if so, it means that it will not be possible to hold him accountable for smoking on a balcony or loggia.

What to do if your neighbor’s smoke bothers, for example, your children or yourself? There are three options:

Appeal to apartment owners with a correct request to stop using tobacco products on the balcony.
If the issue cannot be resolved peacefully, you can go to court. However, this requires compelling reasons - health problems, damage to property with appreciable damage, harm to a child, etc.
Make repairs with the installation of powerful insulation, filters and cleaning equipment. It's expensive, but the problem will be solved forever.

To resolve the issue related to neighbors smoking on the balcony, it is important to contact the property owner. Conversations with tenants may not give the desired effect.

In the apartment

The law allows citizens to smoke in their own apartments. It would seem that the smoke there shouldn’t bother anyone. But that was not the case. The ventilation system in some houses is designed in such a way that when smoking in the toilet, all the smoke ends up in the apartment of non-smoking neighbors.

In this case, it will not be possible to bring smokers to administrative liability under the law, because they use tobacco products on private property. In this case, it is worth taking measures to eliminate smoke from entering your apartment.

The technical condition of ventilation in an apartment building must be checked once every three years. This responsibility rests with the management company or HOA. It is necessary to write a collective statement demanding that the deficiencies in the ventilation system be eliminated. If the application is ignored, the owners have the right to resolve the issue through the chairman, the prosecutor's office, Rospotrebnadzor, the Housing Inspectorate or the court.

It’s a completely different matter if the apartment is communal. In this case, the legal provisions indicated above fully apply.

Neighbors smoking in the hallway - where to turn and how to deal with it?

First of all, you should try to solve the problem of smoking in the entrance peacefully. Often, neighbors take into account the demands of others and the situation is resolved.

In addition to personal communication, one of the peaceful ways to solve the problem is to post notices with a detailed explanation of the legislation and indicating the amount of fines. As practice shows, this method in our country most often does not give the desired result, but you can try.

The next step is contacting the police. As soon as you notice a smoker at the entrance, call law enforcement. Of course, by the time they arrive there will be no one at the entrance. However, you can present the police with evidence of a violation:

presence of smoke in the entrance or stairwell;
video or photography - try to film a smoker or use the recording of a camera in the entrance, if one is installed;
testimony from other residents.

Even when there is no evidence, but the police come because the same neighbor is smoking repeatedly, measures will be taken. Employees can wait until the smoker comes out again to see the violation with their own eyes.

Contacting the police must be accompanied by a statement. The document is issued in the name of the district police officer. In the statement, list the measures that you have taken, as well as the inconvenience that you are forced to endure due to this behavior of your neighbor. Describe what evidence you have, indicate at what time one of the systematic violations of the anti-tobacco law occurred. This is necessary for the protocol.

The application must be written in as much detail as possible. The more circumstances are indicated in the document, the faster the district police officer will make a decision.

If you have any difficulties or questions, please seek legal advice. You can get free legal assistance on our website. Ask a question to an expert in a special window.

Now you know what to do if your neighbors smoke in the entrance. Repeated bringing to administrative responsibility will reduce the ardor of smokers and, most likely, such sabotage actions on their part will stop.

Smoking is a bad habit that causes significant harm to the health of not only the immediate smoker, but also the people who inhale tobacco smoke. Therefore, at the legislative level, smoking is prohibited in various public places, entrances to apartment buildings or on children's playgrounds. But not all smokers take into account the requirements of the law, so other citizens often have to deal with the fact that they are forced to breathe tobacco smoke. Therefore, the question arises of what to do if neighbors smoke in the entrance. There are several ways to influence neighbors, and initially it is recommended to use peaceful methods that involve direct communication with citizens.

Legislative regulation

Back in 2013, a special law, Federal Law No. 15, was adopted, which contains information on the ban on smoking in various public places. These places also include the entrances of apartment buildings. This is due to the fact that adults and children regularly walk along the entrance. Constantly inhaling tobacco smoke can lead to health problems.

Therefore, all citizens who continue to smoke in the entrance are violating the terms of the law. People often ask the question: is it possible to smoke in the entrance, not on the landing, but in the elevator? In fact, all places in the entrance are considered public, therefore smoking is prohibited in them. This includes not only elevators, but also attics, basements or corridors. This requirement does not apply exclusively to apartments owned by citizens on various grounds.

The law on smoking in entrances is regularly violated, which is why serious disagreements and disputes arise between neighbors. Often citizens resort to the help of the police, and often such disputes end in real fights. Therefore, it is important to figure out what to do if neighbors smoke in the entrance. To do this, you can use several effective and proven methods.

Where is smoking prohibited?

The law on smoking in entrances or other public places is regularly amended, and they are aimed at tightening the requirements. Smoking is not permitted in the following places:

in entrances located in apartment buildings;
on children's playgrounds;
at transport stops;
in educational or other children's institutions;
at stadiums or entertainment centers;
in hospitals or sanatoriums.

This process is not allowed even in offices if there is no specially equipped room with high-quality ventilation and fire alarms. This leaves smokers with a limited number of places where they can smoke.

Where is smoking allowed?

In order not to pay a fine for smoking in a public place, all people should know where exactly this process can be carried out. It is only permitted in a limited number of places:

in the fresh air, but the area should not be located next to various educational or children's institutions;
in specially equipped premises, which are usually located in airports, large shopping centers, offices or other similar institutions;
in your own home.

In all places where the process is not permitted, there must be a special sign. The smoking area is also marked with a special sign. Federal law allows local authorities to expand different smoking-free locations. For example, in Voronezh it is not allowed to use cigarettes in passages or during public events.

Typically, local authorities tighten legal requirements, so the number of places where you can smoke decreases. At the same time, in each region smoking is prohibited in the entrance. But often citizens have to deal with the fact that residents of individual apartments ignore the requirements of the law. Therefore, the question arises of what to do if neighbors smoke in the entrance. There are different ways to deal with smokers.

Responsibility for violation

If citizens do not follow the basic requirements of the law, then they commit an offense for which they must be held accountable. Citizens who prefer to smoke in prohibited places are subject to administrative liability. They pay a fine for smoking on the basis of Art. 6.24 of the Administrative Code, the amount of this penalty varies from 500 rubles. up to 1.5 thousand rubles.

Such liability is also provided for in the event that neighbors smoke in the entrance. If an offense is discovered at all on the playground, the fine increases, so the violator pays from 2 to 3 thousand rubles. There are no restrictions on the number of fines in a short period of time, so several penalties can be issued at once in one day.

The government is considering the possibility of introducing restrictions not only for standard cigarettes, but also for hookahs or electronic cigarettes. This is due to the fact that more and more citizens are using these devices, which at the same time act as propaganda for a bad habit. Often, various psychotropic or narcotic drugs are added to electronic devices. Therefore, the possibility of banning these products is being considered.

How to deal with neighbors?

Although there is a separate law for smokers, citizens often violate it. Most often people have to deal with the fact that their neighbors smoke in the entrance. There are different ways to combat such illegal behavior. Which ones?

It is advisable to figure out what to do if neighbors smoke in the entrance. For this purpose, exclusively legal and legal methods must be used.

Peaceful communication with neighbors

Often citizens do not know whether the entrance is a public place, so if they are pointed out that they are breaking the law, they can stop smoking;
if there are several dissatisfied owners, then it is advisable to contact the citizen jointly;
You cannot use various illegal methods, for example, threats or blackmail, since citizens can be held administratively or criminally liable for such actions.

Due to the specific mentality of some people, conversations and requests usually do not bring the desired result, so this method of struggle is ineffective. It is advisable to tell your neighbors whether it is possible to smoke in the entrance, what law this violates, and also what consequences violators will have to deal with.

Agitation

Another method involves the use of special stickers or signs containing text or pictures prohibiting smoking in public places. There may even be a designated smoking area. A prohibition sign is placed in the elevator or on each landing.

There is a notice posted directly next to the entrance door. It is advisable to indicate in the text that the entrance is a public place where smoking is prohibited. It is recommended to provide penalties for violators. The announcement about the ban on smoking in the entrance must be bright and located in a visible place. The text must contain references to laws, which will confirm that citizens are right.

This method of influence can be effective, but often citizens simply do not pay attention to various inscriptions or drawings. Therefore, the announcement “Neighbors, do not smoke in the entrance” must be made really bright and large. If even after this smoking indoors does not stop, then drastic measures will have to be taken.

Hiring a concierge

If the residents of the same building are sociable and friendly people, then they can agree to hire a concierge. The services of this specialist must be paid for by each apartment.

The concierge has various responsibilities, which include monitoring the situation in common areas. Therefore, he will regularly notify smokers that they are breaking the law. Additionally, he can record violators on camera, after which such evidence can be used when appealing to the local police officer or even to the court to bring neighbors to justice.

But not all people agree to bear the additional expenses necessary to pay for a concierge. Therefore, such an issue should be resolved at a general meeting of the house.

Holding a general meeting

If there are several neighbors who are unhappy with the constant presence of tobacco smoke in the entrance, then it is advisable to organize a meeting of residents. Various points are taken into account:

at least half of the residents of one entrance must be present at the meeting;
the question is raised regarding the ban on smoking in the entrance;
the document is signed by all people present at the meeting and who made such a decision, and it indicates the obligation not to smoke in a public place.

The resident's signature signifies his agreement to quit smoking. But even this method of struggle is considered not very effective. The document can be used in court as evidence of citizens’ attempts to resolve the issue peacefully.

Installation of CCTV cameras

Many citizens are interested in how to force neighbors not to smoke in the entrance, as this leads to a deterioration in the health of all residents. Such actions are a violation of the law, but smokers are held accountable only if there is evidence provided to the district police officer. Therefore, neighbors often decide on the need to install a video surveillance camera in the entrance.

With the help of such a device, all violations are recorded, so this evidence can be transferred to the court or police officers. Based on these records, citizens will be held accountable. This may lead to neighbors refusing to violate the law on their own.

The installation of the device can be carried out by one citizen or several neighbors, but for this it is necessary to raise the relevant issue at a meeting of residents.

Creating a special smoking area

Quite often, citizens have to deal with neighbors smoking in the entrance. How to deal with such violations if there are many smokers in one entrance? Usually, persuasion or promotion of a healthy lifestyle does not lead to the desired result. In this case, the organization of a special place intended for smoking is considered relevant.

Part of the landing can be used for this. This point should be discussed with all residents of the entrance, for which it is recommended to hold a meeting. The zone can be located on each floor or only on one. But often, even under such conditions, smokers prefer to smoke directly on their site. Additionally, citizens will have to incur significant expenses, since it is necessary to install a high-quality ventilation system to this section of the entrance.

Contacting the police

Quite often, peaceful methods do not give the desired result, since smokers do not want to give up smoking in a public place. When neighbors smoke in the hallway, where can you complain under such conditions? An effective method is to contact the police directly, but the following steps must be followed:

Initially, it is necessary to record violations, for which photographs or video recordings are taken;
such evidence is transferred together with the application to the district police officer;
the application should indicate information about the smoking neighbor, provided by place of residence and full name, if this information is known;
the district police officer draws up a report on the offense, as well as a protocol to which evidence received from the applicant is attached;
Based on the generated documents, the citizen is held accountable, so he will have to pay a fine.

If your neighbors continue to violate the law, you will have to regularly contact the police. There are no restrictions on the number of fines that violators can pay, but new evidence will have to be submitted to the district police officer each time.

If the applicant does not have the testimony of other witnesses or there is no evidence of a violation on the part of the neighbor, then it will not be possible to hold him accountable. The local police officers themselves do not collect evidence.

Going to court

How to punish a neighbor who smokes in the entrance? Going to court is considered the most effective. This option should be resorted to only after other methods of resolving the problem have been tried, since it is necessary to prove to the judge that the plaintiff tried to deal with the offender using pre-trial methods.

When going to court, the following nuances are taken into account:

the plaintiff’s demand may be compensation for damage caused to the health of a citizen forced to regularly breathe tobacco smoke;
under such conditions, it is required to attach to the claim documents received from the medical institution where the citizen was treated;
Additionally, you need to attach evidence that the neighbor actually smokes in the entrance, provided by photographs or video footage;
based on the filed claim, a trial begins, where all evidence is considered;
The judge listens to the opinion of each side, after which a decision is made.

Most often, in such cases, the judge takes the side of the plaintiff, since he has real evidence that the neighbor violated the law. In this case, the violator is not only held administratively liable, but also compensates the plaintiff for treatment costs. Claims for which citizens demand compensation for moral damage are often completely satisfied, since they are forced to regularly think that inhaling tobacco smoke in the entrance can lead to serious illnesses in themselves or their relatives.

What to do if smoke enters the apartment through the ventilation?

Situations are quite common when neighbors smoke in their apartment, but the smoke enters other rooms through the ventilation shaft. In this case, citizens do not violate the requirements of the law, since they are in their homes while smoking.

Under such conditions, it will not be possible to hold the smoker accountable, so the only solution is to check the ventilation system. In this case, you can contact different authorities:

HOA or management company. Initially, it is the management company that must inspect the ventilation system to ensure that it is designed correctly. This point is indicated in PP No. 410. It is advisable to contact the institution using a written application drawn up in two copies. An employee of the institution puts an acceptance mark on one document, which will make it possible in the future to prove that an official appeal was submitted to the organization. The ideal option is to write a collective statement by several residents of the same building.
Drawing up an application to the prosecutor's office or supervisory authorities. If the management company does not comply with the residents’ demands, then a complaint is filed with the prosecutor’s office or Rospotrebnadzor. It is considered effective to contact the Housing Inspectorate, which inspects the activities of various management companies. Based on such statements, the company will be held administratively liable and will also be required to check and correct the ventilation system.
Filing a claim in court. If violations in the ventilation system have led to the deterioration of citizens’ health, then they can recover the costs of treatment from the management company, which was unable to promptly correct the existing problems in the ventilation. In this case, it is possible not only to oblige the company to carry out the necessary actions in the apartments and house, but also to recover from it significant compensation for moral damage.

If a neighbor smokes in the toilet of a communal apartment, then he can be held administratively liable on the basis of Art. 6.24 Code of Administrative Offences. This is due to the fact that this type of bathroom is considered a public place.

What evidence is used?

To bring violators to justice, citizens are required to collect irrefutable evidence. The evidence base includes:

Presence of smoke in the entrance. This is especially true if there is smoke at the moment when the local police officer comes to the applicant or violator. Often, a police officer remains in the entrance until the offender goes out to smoke in the entrance.
Video recordings. They must record that the neighbor smokes through the window in the entrance, therefore violating the requirements of the law. For this purpose, it is advisable to install a video surveillance camera in the room.
Photos of the violation. Pictures can be taken not only with a camera, but also with a phone. In this case, the smoker must be clearly visible.
Testimony of witnesses. A collective statement is considered the most effective in the process of combating violators.

All this evidence can be used when contacting the police or court.

Conclusion

Smoking in the entrance is considered a violation of the law, so smokers are held accountable. Neighbors can file complaints with the police or court. Usually they try to resolve the issue in a peaceful way, for which a smoking area is organized or a meeting of residents is held, where a decision is made to ban smoking in the entrance.

If it is impossible to resolve disagreements peacefully, then citizens have to turn to law enforcement agencies. If their health condition worsens due to smoke inhalation, they can receive compensation from the offender through the court.