Where to complain: report neighbors who smoke. What to do if your neighbors smoke
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 it is initially 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 smoking can be reduced. 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 each time they will have to submit new evidence to the district police officer.
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 bring him to justice. 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 dealing with 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.
Smoking is a problem that can cause inconvenience to non-smokers, especially if it happens in public places. One of these places is the entrance to a residential multi-storey building. Some smokers have the habit of smoking in the hallway, which in turn forces other residents to experience all the “delights” of fetid smoke. Is it worth enduring these inconveniences or does it make sense to fight for your rights? – we’ll look at it in this article.
Is it possible to smoke in the entrance of an apartment building?
Not many people know that smoking in public places has recently become prohibited by law. Moreover, both smokers themselves and people who do not have such a bad habit are unaware of these rules. Federal Law No. 15 of February 23, 2013 is aimed at protecting citizens from the effects of tobacco smoke, bringing violators of the law to justice, as well as compensating for damage to the health and property of those individuals who suffered as a result of violations of the law on the protection of public health.
In particular Art. 12 of this Federal Law states that it is prohibited to smoke in the common areas of apartment buildings (entrances, staircases, basements, elevators and other utility rooms in the house). Therefore, if you notice that your neighbors are smoking in the entrance, this is considered a violation and you can safely start the fight against the smoker.
If your neighbors smoke in the entrance, what should you do and where should you go?
Arguments often arise with neighbors who smoke in your building. To begin with, you can try to resolve the conflict peacefully. It is necessary to explain to the smoker the norms of Federal Law No. 15; it is possible that the person does not know about the existence of a ban on smoking in entrances. It is likely that after an explanatory conversation, your smoking neighbor will stop emitting tobacco smoke near your apartment. Otherwise, if the smoker does not make contact and continues to smoke, it will be necessary to prove that he committed an offense.
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Smoking in a public place is an administrative offense. This category of cases is handled by the police. You can write a report against the offender to the district police department. However, verbal statements that your neighbor smokes will not be enough. The police may consider this an unfounded accusation. You will need to prove the fact of smoking in the entrance in the form of photos or video materials. It would also be a good idea to collect testimony from other neighbors who can confirm this fact.
Please note that photos and video materials must be obtained legally, otherwise the authorities will not accept this evidence as proper. The person must be notified that he is being filmed or videotaped.
If this is a video camera installed in the entrance of a residential building, then there must be a warning in the form of a sign stating that video recording is being carried out. If the photograph or filming is taken without the knowledge of the citizen, then such evidence cannot be used.
How to stop neighbors from smoking in the entrance?
There have always been and will be people who smoke, and in principle it is not possible to overcome the smoking problem even within the framework of a government program. You can only try to minimize the harm from the influence of tobacco smoke. But, if you live in an apartment building, this is very problematic. Some measures can still be taken.
Posting notices and rules of conduct
To minimize the problem of smoking in residential buildings, the residents themselves must work on this. Here are some options on how to do this:
- Post no smoking signs. The sign must contain information about the penalties that apply in case of violation.
- Post information about Federal Law No. 15 on information stands near entrances, according to which there is a ban on smoking in public places (entrances, etc.).
- Organize designated smoking areas. By law, these must be isolated rooms equipped with an air ventilation system. These are the so-called “smoking rooms” among the people. Ashtrays should be installed here and information about the dangers of smoking should be posted. The premises must comply with sanitation and fire safety standards. The organization of smoking areas falls on the residents, including all financial costs.
Decisions on the organization of smoking areas are made at general meetings of residents. Here the issue of financial expenses that will have to be incurred for the purchase of special equipment is resolved, as well as the question of who will take on all organizational concerns (obtaining permission from fire safety authorities, etc.).
Call the police
As we said above, residents of the house can complain to the police about their smoking neighbor. In practice, these requests are not always accepted for consideration, since applicants cannot always confirm the fact of a violation. Therefore, it is better if the smoker is caught in the act. It is advisable to contact the local police officer, who will identify the violation on the spot. In this case, there will be a greater chance of bringing the offender to justice.
An administrative protocol is drawn up regarding the fact of the violation.
What are the dangers of smoking in the entrance?
Smoking in public places entails legal liability in three ways::
- Disciplinary;
- Administrative;
- Civil law.
In the first case, disciplinary liability occurs if the violation was committed at the workplace. For example, a person smoked in the wrong place at work. He may be reprimanded. At the same time, the management of the enterprise does not contact the police to apply penalties.
In the second case, administrative liability involves the application of penalties for smoking in a public place. In accordance with Art. 6.24 of the Code of Administrative Offenses of the Russian Federation, the fine will range from 500 to 1000 rubles.
In the third case, civil liability is applied when the applicant (a person who is harmed by smoking) wins a lawsuit against the defendant (a smoker who caused harm to his health or property). The latter will have to pay damages by court decision.
The issue of smoking is regulated by two main regulations: Federal Law No. 15 of February 23, 2013. and the Code of Administrative Offenses of the Russian Federation.
Lawmakers urge citizens to take care of their health and the health of others. For this purpose, Federal Law No. 15 was adopted. In pursuance of this regulatory act, citizens are recommended to adhere to the rules that are prescribed in the law. Namely: do not smoke in public places, because this can cause significant harm to the health of other people.
If smokers ignore the prescribed rules, legal measures should be taken against them. This can negatively affect both the reputation of the violator and hit him financially. In addition, if significant harm occurs, a claim for damages may be filed against the offender. Therefore, it is recommended to resolve problems arising regarding smoking between neighbors peacefully and calmly. It is advisable to organize specially designated places for this. Of course, this should be the decision of everyone living in an apartment building.
Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.
To resolve your issue, fill out the following form or call the numbers listed on the website, and our lawyers will advise you for free!
Problem
I would like to know if there are any laws prohibiting smoking in entrances? The neighbors were tormented by the smoke that stood in the entrance and penetrated into the apartments. How can you combat this?
Thank you in advance.
Solution
YOUR ACTIONS:
1. CALL THE POLICE OFFICER OR POLICEMAN(tel.:02 or 911)
2.WRITE AN APPLICATION TO THE DISTRICT OR POLICE OFFICER
3.PRINT AND PASTE THE "NO SMOKING" ANNOUNCEMENT
http://taktaktak.ru/attachment/2011/12/20/a96aae91c15c6187e86aca2527afb888.jpg
with full excerpt from ARTICLE 6.4
The position of the smoker is simple - he is calm, he does not care about his neighbors - and everything while he smokes and relaxes, your position must be firm and sometimes tough in order to knock out that calm foundation from the smoker - do not let him relax - this is war, be prepared for it.
The first line of defense is passive:
1.warn the smoker in a polite manner to stop
(usually doesn't work)
2.repeatedly warn and threaten to call the police
(very rarely works, also ineffective)
3.put up a notice banning smoking
(this gets on the nerves of smokers - sometimes it works)
second line of defense - active:
1. call the police or local police officer - write a statement
(works rarely and for a short time - maximum 2 weeks)
2 Call the police again - write a statement again
(sometimes it works, but not on heavy smokers)
3.hang up an aggressively persistent notice banning smoking
(wait - the fear of being beaten works, sometimes neighbors do it)
4.provoke the smoker to take active action (a bucket of water, give it to the teeth) and then call the police
(if you are a girl or an elderly person, stand opposite the smoker - don’t move away! Don’t let him calmly finish smoking - you will have to inhale the smoke, several times is enough)
Be active - you are the owner - the rights are on your side!
I have the same problem. They smoke in the entrance and snarl. When asked to open the window, they say that they are cold, although after smoking they go outside without a hat. Outright arrogance and belief in impunity will make you think about a real fight against cattle.
First of all, it is necessary to prove the fact of violation of my rights to comply with sanitary standards. Although it is also not easy to prove that an entrance is not a place for smoking in our state - the Moscow City Duma has still not adopted a law banning smoking in the entrances of residential buildings. At least I haven't found this law. But on http://www.epochtimes.ru/content/view/45819/3/ I read about the indignation of smokers... The authorities think more about the right of smokers to poison us since there are more smokers.
However, I don’t understand why I should breathe smoke.
But in order to record the fact of smoking, I must, by law, record it in front of witnesses, which is not at all likely. I decided to film smoking with a hidden camera, but I doubt that my filming of pests will be considered by the court as evidence and that I will not be prosecuted for illegally collecting information about citizens. Such a law also exists in our strange legislation.
If you are not friends with your neighbors and cannot simply ask them (a police colonel with whom I am friends is smoking on my staircase), then trying to fight in a legal way is a terrible hassle. Life is too short to spend it in endless bickering. The best way is terrorist. Intimidate. (1) Use physical violence in a sophisticated form: tape, torn clothes, broken glass and a broken door. (2) Unfortunately, this is also a headache and costly: you need to think through everything carefully, hire Chebureks (Asians) or better Caucasians and etc. And then deal with law enforcement agencies, play around, deceive, or STUPIDLY CONFESS... There is a peaceful solution - move to the village or live in the country. So - be patient and seal the front door. In any case, on planet Earth those who are decisive are respected. Take action.
Solution
The legal basis for restricting tobacco smoking is determined by the Federal Law “On Restricting Tobacco Smoking” dated July 10, 2001 N 87-FZ.
In accordance with Art. 6 of the Federal Law “On Restricting Tobacco Smoking”, in order to reduce the harmful effects of tobacco smoke, tobacco smoking is prohibited in workplaces, in urban and suburban transport, on air transport with a flight duration of less than three hours, in indoor sports facilities, healthcare organizations, educational organizations and cultural organizations, premises occupied by public authorities, with the exception of smoking tobacco in specially designated places for smoking tobacco.
A ban on smoking tobacco in workplaces, in urban and suburban transport, on air transport with a flight duration of less than three hours, in indoor sports facilities, healthcare organizations, educational and cultural organizations, premises occupied by government bodies, with the exception of tobacco smoking in specially designated places for smoking tobacco, established by paragraph 1 of Art. 6 of the Federal Law "On Restriction of Tobacco Smoking". In accordance with paragraph 3 of this article, violation of its provisions entails administrative liability in accordance with the law. Moreover, according to Article 2 of this Federal Law, the legislation of the Russian Federation on restricting tobacco smoking consists of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.
Some constituent entities of the Russian Federation have adopted legislative acts at their level that also regulate this issue, however, the Supreme Court of the Russian Federation established Art. 6 of the said Federal Law does not include laws and other regulatory legal acts of the constituent entities of the Russian Federation among the legislation on restricting tobacco smoking. Thus, in terms of the ban on smoking in certain places, there is only the Federal Law “On Restricting Tobacco Smoking”, which in Art. 6 does not provide for a direct ban on smoking in the entrances of residential buildings.
You should refer to the Rules for the Use of Residential Premises (approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25), clause 6 of which establishes that the use of residential premises must be carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises, the requirements fire safety, sanitary and hygienic, environmental and other legal requirements.
Regarding fire safety - Smoking is not allowed on the territory and premises of warehouses and bases, grain collection points, trade facilities, production, processing and storage of flammable liquids, flammable liquids and flammable gases, production of all types of explosives, explosive and fire hazardous areas, as well as in undesignated areas for smoking in places of other organizations, in preschool and school institutions, in cereal areas (clause 25 of the fire safety rules).
Sanitary and hygienic requirements are in clause 9.1. "Sanitary and epidemiological requirements for residential buildings and premises. Sanitary rules and standards. SanPiN 2.1.2.1002-00" (approved by the Chief State Sanitary Doctor of the Russian Federation on December 15, 2000) states that the following is not allowed:
- storage and use in residential premises and public premises located in a residential building of substances and objects that pollute the air;
- performing work or performing other actions that are sources of increased levels of noise, vibration, air pollution, or that violate the living conditions of citizens in neighboring residential premises.
Thus, smoking in the entrance violates the sanitary and hygienic standards established by clause 9.1 of SanPiN 2.1.2.1002-00, which forms an offense under Art. 6.4. “Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport” of the Code of the Russian Federation on Administrative Offenses of December 30, 2001 N 195-FZ and entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles
Good luck to you!
Elena, this is all true, but the police are ignoring this issue; if they refuse to bring me to administrative responsibility, I can go to court myself. When I wrote a statement, however, the mistake was that I did not apply to collect a fine and refer to the article, simply with a request to take action, many in the police told me: we also smoke in the entrance, so what? Here, in my opinion, it is clear what their attitude towards me is. And yet, the police ask you to confirm the fact of these citizens smoking in the entrance, with witnesses, perhaps none, and better yet, not my acquaintances. Those. it reaches the point of absurdity when I say that I can try to film them, the police say, how can you prove that this happened in your entrance and that immediately after that, these smoking citizens did not stop smoking in the entrance.
And smokers also act cunningly; when you film them, they turn their backs, it’s difficult to determine WHAT he’s doing there and WHO he is. They also began to sit near the door of the common balcony in the entrance while smoking (we have one and I’m not against it, but I’m even in favor of them smoking on it), they seem to have either just left this balcony or are going to go there to smoke , but in fact, they stand near the closed door of this common balcony and continue to smoke in the entrance, because the apartment stank as it stinks, nothing has changed, they are just trying to simulate the situation in advance, in case of a trial or complaints from the police .
What do you recommend in this case? Everything is simple for you, lawyers, but life is much more complicated.
Olga, what do you mean, “the police are ignoring you”? Did you write a statement? Was it (the application) accepted? Do you have a registration number?
In case of refusal to initiate a case of an administrative offense, ask (demand) to issue reasoned decision on refusal in initiating a case, having explainedprocedure for appealing it in pursuance of the requirements of Part 5 of Art. 28.1 Code of Administrative Offenses.
By the way, how do you position yourself on the issue of smoking? If the “victim” (i.e. harm to health, well, or moral harm is caused - part 1 of Article 25.2 of the Code of Administrative Offenses), then You must be included in the protocol about an offense (part 2 of article 28.2 of the Code of Administrative Offenses) and provide a copy of the resolution(Article 29.11 of the Code of Administrative Offenses). Do not forget to ask (demand) these actions from the police in your application.
A reminder that supervision of compliance with the law on the territory of the Russian Federation is provided by the Prosecutor's Office of the Russian Federation - you can ask them whether the police refusal is legal and whether the actions (smoking) of neighbors are legal, by the way.
and a little positive: a Moscow law “on protecting the population from tobacco smoke” is being prepared, which will directly prohibit smoking in hallways. http://www.duma.mos.ru/cgi-bin/pbl_web?vid=2&osn_id=0&id_rub=2439&news_unom=31776
Thank you, so much useful information, I will take it into account. Perhaps the police are ignoring my question, because in the statement I wrote in free form “I ask you to take action.” By the way, I wanted to ask whether it is really necessary to apply in an application with the wording of bringing to administrative responsibility and a reference to SNiPs and Regulation No. 6, it seems, as the example is given above? Maybe for this reason they have the right to ignore. I declare that I did not receive any response, although some who contacted me with the same problem by email claimed that they had at least received an unsubscribe. She's no use. The police refer to Law No. 87, in which the entrances are not indicated, which means there is no basis for bringing the administrator to justice. resp.
And about the witnesses. In my comments I explain that I have no evidence, no witnesses. As soon as I try to film them, they either leave, or turn away, or pretend to go outside the entrance to the common balcony.
That. having filed a complaint against one of them, he will claim that he does not do this, for example, after appropriate warnings, he stopped. Although this is not true. How can we be here?
Can I go to court if I am not the owner of the apartment, but am permanently registered in it?
Thank you if you answer.
> The police refer to Law No. 87, in which entrances are not indicated
Indeed, the “Law on Smoking” says nothing about entrances. So, don't refer to this law. It's not the smoking itself (the process) that worries you, but its consequences - the smoke, the smell? And the fact that your neighbors don’t take your opinion into account? This means that these arguments need to be presented. In the application, write that the citizen is violating the sanitary requirements of SanPiN and causing harm to your health. To the policeman’s objection “smoking in the entrance is not prohibited by law,” reply that “Yes, I’m not against smoking! But spoiling the air and worsening my living conditions is prohibited".
Solution
You can write a statement to the police, as Elena recommends.
The Federal Service for Surveillance on Consumer Rights Protection and Human Welfare and its territorial bodies are also looking into this violation.
To do this, you go to them and write a statement. In the name of the head of the service from whom (your data) you indicate and describe everything as it is, and ask to hold a specific person accountable.
Solution
So write, such and such citizens, “in such and such an entrance, such and such at home are smoking (write who, where and when smoked). Smoking in the entrance violates the sanitary and hygienic standards established by clause 9.1 of SanPiN 2.1.2.1002-00, which forms the composition offense provided for in Article 6.4 “Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport” of the Code of the Russian Federation on Administrative Offenses dated December 30, 2001 N 195-FZ and entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles. I ask you to bring these citizens to administrative responsibility"
Elena, please comment on whether it is correct to refer to part 9. SanPiN, which describes the content requirements residential premises? Do the elevator hall and inter-apartment stairwell in an apartment building belong to residential premises?
Thank you in advance!
Hello,
1. At the time of the answer (in February 2010), the specified SanPin was in force and if we talk specifically about it, then despite the fact that the section is called “Requirements for residential premises”, it is in this section that the rules regarding common property are posted (for example, there are such standards as in paragraph 4 - "littering, pollution and flooding P basements and technical underground areas, stairwells and cages, attics, and other common areas "). Thus, even if you read clause 9.1 in isolation from our problem, then the reference to it, from my point of view, is justified.
2. Proposal to refer to clause 9.1. I proposed it precisely due to the fact that the smoke from smoking cigarettes disturbs not those who are in public places, but those who are in their apartments (residential premises).
3. imposition of punishment in connection with violation of the provisions of clause 9.1 is an established, absolutely unambiguous and everywhere the same practice in cases of punishing smokers in entrances.
4. As I already wrote, this SanPin was in force in 2010. For the second year now, this SanPin is not in force; instead, there is SanPin 2.1.2.2645-10, which contains the same clause 9.1 (word for word as the previous SanPin), so now it is necessary to refer to it.
Good luck to you!
Today this is a pressing problem for many. I would like to raise it in the media. Dear author, if you are ready to comment on this situation “on camera”, please write a response. (you can keep it incognito). Comrade lawyers. I'd like to hear from you too. If you agree to an interview, write. Thank you!
I would be happy to give comments, even for the media, even on camera, even under my own name - whatever, just to somehow get the solution to my problem off the ground. But in my case, the problem is double, and it is complicated by some other circumstances, because sometimes it is not even entirely clear who to hold accountable. The fact is that a young man lives on my site (fifth floor), he has actually been living alone for a couple of years, since he was sixteen. His parents are divorced - his father lives in Khotkovo with his new wife, and his mother is at the dacha with her boyfriend. Naturally, a crowd of local youth flocked to the teenager, who lived alone in the apartment. Young people regularly gather under the door of my apartment, sometimes up to 10 people: they just chat, drink beer and naturally smoke. Of course the smell goes into the apartment, I can only save myself by opening the toilet door so that at least a little of the smoke can escape. When asked to at least not smoke during these gatherings, they answer: “We don’t care.” The young man himself, the owner of the apartment, is always extremely polite, but apparently is not able to influence his guests. But all this is mere trifle compared to the fact that three months ago a homeless man, once a resident of our village, a heavy drinker and a degenerate person, settled on the site. He lives by begging for food from the village residents and being fed; he earns his alcohol mainly by working as a loader in a nearby store. It took me a lot of work to get him not to smoke outside my door, although I think nothing stops him in my absence. But besides tobacco, one can imagine the smell spreading through the entrance... He is kicked out from all other entrances of the house and neighboring houses (in one of which, by the way, his own father lives). And in our entrance on the fifth floor, besides me, there is only the boy described above, and on the other hand, a former classmate of this homeless man, who naturally does not raise his hand to kick him out, despite the protests of his wife. What can I do? I am completely alone with this problem - the impossible stench, the dirt (because of this new tenant, the entrance has not been washed for several months), I have to step over his body after another hangover, listen to grumbling addressed to me, they say, “the traffic is like in the subway " and "everyone, they say, you can smoke in the entrance, but I can't."
A new law regulating the smoking ban was adopted by the Russian State Duma in 2013. This document prohibited active smokers from being with a lit cigarette in various public places, all kinds of common areas, including, in particular, the entrances of apartment buildings.
Accordingly, “smoking under the stairs” ceased to be a forbidden teenage pastime. Even adults who own apartments can no longer inhale tobacco smoke in their own front door. Neighbors now have the legal right to be outraged by the smell of cigarettes and to remove ashtrays from window sills in stairwells. Moreover, if they smoke in the entrance, then these smokers can face a real fine of one and a half thousand rubles.
The measures taken are designed to promote healthy, comfortable, peaceful coexistence of modern citizens. However, practice shows that these bans stop few people. The majority continues to habitually use cigarettes where it is convenient. In addition, the legislation does not regulate smoking on balconies and in apartments, which often also disturbs others.
Dissatisfied citizens wondering what to do if their neighbors smoke in the hallway have several ways to actively combat the ubiquitous tobacco smoke.
1. Design and placement of a “No Smoking” sign at the entrance, which contains a link to the current legislation
This measure, if neighbors smoke in the entrance, may have an effect on those who have always suspected that smoking on a common staircase was wrong. However, if previously such a neighbor went out into the street only as a favor, now he will feel that he should once again not violate the current law. After all, those interested in how to stop neighbors from smoking in the entrance are quite capable of calling for an order and writing a statement. Why take another risk?
However, in the case of a sign, you should be prepared for the fact that most entrances today are definitely inhabited by a person (and sometimes several), who has been accustomed to tarring his cigarettes on the landing for decades, while observing absolutely nothing reprehensible in this. In such a case, there is a high probability that the posted message will be simply ignored, or maybe simply torn down. In this case, you will have to take some additional measures.
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2. Calling the local police officer
When you wonder where to go if your neighbors smoke in the entrance, you need to remember that theoretically everyone has the right to complain about such a violator to the housing office or homeowners association. However, management organizations do not have any leverage over a heavy smoker. In these cases, you will have to call the local police officer. A police officer is obliged to respond to information received regarding a violation of law and order.
When a local police officer does not respond to such a request with enthusiasm, one can easily refer to the current law regulating the issue of protecting the health of citizens from the direct effects of aggressive tobacco smoke. Article 9 of this document describes in detail the rights and obligations of citizens. Everyone has the right to count on providing a favorable environment for life without the presence of ambient tobacco, along with the implementation of public control over the implementation of measures aimed at preventing the harmful effects of tobacco smoke.
However, when trying to figure out how to deal with smoking in the entrance, you can find out that even a visit from a local police officer is often not able to solve the problem. To indicate a specific neighbor as the culprit in the text of the protocol, you will have to present evidence that it is he who smokes on the entrance site. Another option is to bring three witnesses to the offense. True, communication with an official representative of the authorities can actually act as a certain educational measure if the smoker understands (or decides) that it is not worth contacting neighbors who do not like his habit. Therefore, when discouraging neighbors from smoking on the landing, you should not filter out the call from the local police officer.
3. Installation of CCTV cameras, hiring a concierge
This measure is perhaps the only one that allows you to completely control the behavior of your neighbors. In modern apartment buildings, it is almost impossible to catch a smoker in the act or to lie in wait near the elevator. The cigarette melts in a couple of minutes, the intruder disappears behind the door of his apartment, and it is impossible to determine exactly who it was. But physical evidence in the form of photographic prints or video recordings will almost instantly add discipline to neighbors. After all, “portraits” can be placed for viewing on a bulletin board, where the whole house will know about the smoker. And it’s much easier to complain about neighbors smoking in the hallway if you have such evidence. However, such a video monitoring system will cost a pretty penny.
· Conducting a general meeting of residents
Despite the clearly stated rule prohibiting smoking on the premises, compliance with it directly depends on the residents of the house having their own initiative. When there is an owners' association in the house, it is worth contacting the chairman to identify the problem. When figuring out what to do when people smoke in the entrance of a house managed by a specialized organization or housing cooperative, it becomes clear that it is necessary to enlist the support of these organizations and initiate a general meeting.
The most difficult thing is to gather all the neighbors in one place. However, if successful, the reality of such a ban can be almost completely guaranteed. At the meeting, a vote can be taken by forcing everyone to sign a paper containing a commitment not to smoke in the front doors. The presence of a personal signature on a document, which was made in the presence of at least a dozen witnesses, will have a much more effective effect on smoking neighbors than an abstract legal ban.
· Conducting campaigning and preventive conversations
When the owners are brought together not by courage, but by the desire to find out what to do if neighbors smoke in the entrance, increasingly stronger due to the constant presence of other people’s cigarette smoke, which poisons the lives of others, you can try to influence your own neighbors privately. For example, go around the apartment one day, reminding that the law prohibiting smoking came into force long ago. It is good if the company in this matter is the chairman of the HOA or a representative of the management organization.
In addition, periodic posting of information materials will be useful. They may contain reminders and requests for smokers not to interfere with the peaceful life of others. In addition, if they smoke in the entrance, not everyone knows where to go. You can also post this kind of background information. Such steps may well work: people, as a rule, do not particularly like to be objects of general discontent.
Of course, this is absolutely not what a non-smoking resident wants. This is directly contrary to the law. However, there are times when compromise is unavoidable. So, if only one person in a 9-story building does not smoke, then going to war with all the neighbors is pointless. It is worth stipulating acceptable conditions; perhaps an agreement will be reached to designate one specific flight of stairs as a “tobacco zone”. It must be remembered that the law, of course, is on the side of the non-smoking citizen, but its implementation depends on an incredible number of factors, including the goodwill of the inhabitants of the house.
5. Come up with an alternative to solve the problem
· "Smoking room"
At first, when asked what to do if neighbors smoke in the entrance, only a couple of solutions come up - swear and complain. However, both methods are not particularly effective and require a lot of time and nerves. You can approach the problem differently.
For example, the law provides for tobacco smoking in isolated common areas in apartment buildings that have ventilation systems. Thus, residents have the right to organize a “smoking room” in the entrance. Of course, the question of implementing such a plan is not easy in reality, because in most modern entrances there is nowhere to even put a bicycle. However, in theory, with a similar question, you can go to the house management.
Self-defense
When a neighbor smokes on the landing, many people begin to wonder what to do. The last chance to get rid of the smoke of other people's cigarettes may be renovations in your own apartment, accompanied by the installation of additional high-quality insulation and air filtration systems. Unfortunately, this is practically the only solution for those who suffer from a strong smell coming from their neighbors. It is impossible to force them to stop using cigarettes at home - this is the legal right of the homeowner.
Smoke most likely comes from a neighboring apartment through old air ducts, through microcracks in the walls. First of all, you need to contact the specialists of the management company - house communications are their area of responsibility. It is quite possible that repairing or cleaning the ventilation system can solve this problem. However, when this is not enough, you need to think about your own repairs: fixing possible cracks using polyurethane foam, installing additional hoods and fans with a check valve so that the air mass from the ventilation is not directed into the apartment, but only leaves.
A little about secrets..
You used to go into the bathroom in the morning and it smelled not of fresh soap and shampoo, but of cigarettes. Because the residents downstairs smoke right in the toilet, and through the ventilation everything is pulled into your apartment. It was precisely with such neighbors that Anna Sivtseva was unlucky in one of the houses in Gaiva.
Not allowed in the entrance
At first, two young men who came from a small town to the regional capital to earn money set up a “smoking room” right in the entrance. Almost every half hour they went out onto the stairs and “tarred.” Tobacco smoke carried along with drafts into the apartments of residents. Eventually, Anna ran out of patience.
She tried to ask young people not to smoke in the entrance, but was faced with ridicule and complete ignorance of her requests. Then Anna called number 02 and called the local police officer.
By law, smoking in hallways is prohibited in Russia. This will result in a fine of up to 1,500 rubles.
The district police officer visited the smokers, and they temporarily stopped tarring in the entrance. However, soon the five-minute cigarette sessions on the landing resumed. To all Anna’s reproaches and statements that she would hand over smokers to the police, the young people only grinned and said briefly: “You can’t prove it!”
Then the district police officer advised Anna over the phone to take a picture of what was happening on her phone to make it easier to draw up a report on the administrative violation.
This is what Anna did, soon sending the police a whole photo gallery of driveway smokers. The local police officer issued a fine to the young people - Anna didn’t even need to write a statement for this.
What happens if you don't pay a fine for smoking in the wrong place?
For this it is provided:
It is very important to understand that going into conflict with your neighbors alone can be dangerous, because you don’t know how they might react, and in such cases people often show aggression. To avoid conflict, the police advise calling the local police officer without aggravating the situation.
If you decide to take photos or videos of neighbors who smoke in the entrance, remember that you and your property may be in danger. Therefore, if you need to record a crime, but the local police officer cannot urgently come to the scene, it is better to enlist the support of neighbors who are also bothered by smokers.
You can use the toilet, but you don't need to
After Anna's neighbors were fined, they stopped smoking in the entrance. But the girl’s joy did not last long: tobacco smoke was drawn into the apartment through the ventilation - the smoking room moved to the bathroom combined with a toilet.
Here the district police officer was powerless: according to the law, smoking on private property, that is, in an apartment and on a balcony, is not prohibited. But how then to deal with neighbors?
Anna turned to a lawyer she knew, and he told her several ways:
Of course, you will have to spend a lot of time to overcome arrogant neighbors, because formally they do not violate anything except your home comfort. And the violation of sanitary and hygienic standards must also be proven - this can be recorded by employees of the Center for Hygiene and Epidemiology by taking air samples in your apartment to check for excess harmful substances (they will be able to come to you upon application to Rospotrebnadzor). The difficulty is that by the time the specialists arrive at your place, the smoke may have already cleared.
If smoke from neighbors is drawn through the ventilation into your apartment, this violates your constitutional rights. After all, the Constitution of the Russian Federation states that the exercise of human and civil rights and freedoms should not violate the rights and freedoms of other persons (Part 3 of Article 17).
The Housing Code of the Russian Federation stipulates that when using their housing, people must respect the rights and legitimate interests of their neighbors. This applies to fire safety requirements, sanitary and hygienic, environmental and other legal requirements. Federal Law No. 52-FZ “On the Sanitary and Epidemiological Welfare of the Population” will also help you, which states that citizens are obliged not to carry out actions that entail a violation of the rights of other citizens to health protection and a favorable living environment.
Let the district police officer (and you should strive for this) become a frequent guest of your smoker neighbors. And this measure, in the end, should have an impact on them.
By the way, the regional police note that they try not to fine smokers in entrances, but limit themselves to warnings. However, at the beginning of this year in the Oktyabrsky district there was a case when a woman was fined 500 rubles for smoking in an unauthorized place, but she continued to break the law, for which the court sentenced her to four days of arrest.
