Is it possible to attract under Article 6.24. Ulyanovsk Regional Court - judicial act

U L YANOVSKY REGIONAL COURT

Judge Khurtina A.V. Case No. 7-21/2018

R E S H E N I E

Judge of the Ulyanovsk Regional Court Loginov D.A.,

having considered in open court the complaint of Viktor Ivanovich Evstifeev against the decision of the judge of the Leninsky District Court of the city. Ulyanovsk dated December 13, 2017,

installed:

by resolution of the Deputy Head of the Russian Ministry of Internal Affairs for Leninsky district U Lyanovsk dated November 10, 2017 to Evstifeev V.I. an administrative fine of 500 rubles was imposed on Part 1 Art.6.24 Code of Administrative OffensesRF.

Blame V.I. Evstifeev it was charged that on November 09, 2017 at 1:30 p.m., while on the territory of the Spartak sports complex near house 17 on Engelsa Street in Ulyanovsk, he smoked tobacco, thereby violating Article 12 of the Federal Law of February 23, 2013 No. 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.”

By the decision of the judge of the Leninsky District Court of U Lyanovsk dated December 13, 2017, this resolution was left unchanged.

In a complaint sent to the Ulyanovsk Regional Court, Evstifeev V.I. does not agree with the ruling and decision of the judge, asks to cancel them, and to terminate the proceedings.

In support of the complaint, he points to the insignificance of the offense committed, as well as the absence in his actions of any intent aimed at violating Federal Law.

He notes that at the time of the violation he was at a sufficient distance from the Spartak sports complex, there were no other people in his environment, and no one was harmed by tobacco smoke. Thus, by his actions he did not create a threat to the health of citizens, as well as protected public relations.

In addition, the open parking lot adjacent to the Spartak sports complex, due to its functional and technical purpose, does not belong to the territories intended for the provision of services in the field physical culture and sports. Consequently, smoking tobacco in an open parking lot cannot be regarded as a violation of the prohibition of the Federal Law “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.”

There were no smoking ban signs installed at the entrance to the Spartak sports complex parking lot, which is why he believed acceptable smoking tobacco in this area.

The detailed position of Evstifeev V.I. set out in the complaint.

At the court hearing Evstifeev V.I. did not appear, was notified of the hearing of the case, and therefore I believe it is possible to consider the complaint in his absence.

Having studied the arguments of the complaint and the case materials in accordance with Part 3 of Article 30.6 of the Code of Administrative Offenses of the Russian Federation in full, I believe that the actions of Evstifeev V.I. ver but qualified under Part 1 Art.6.24 Code of Administrative OffensesRF, establishing liability for violation of the established federal law prohibition of smoking tobacco in certain territories, premises and facilities, except for the cases provided for in Part 2 of this article.

Vina Evstifeeva V.I. that the alleged violation has been committed is confirmed by the evidence examined at the court hearing and set out in the decision (including the protocol dated 09.11.2017, explanations of V.I. Evstifeev dated 09.11.2017, as well as other evidence available in the case), which is assessed in accordance with the requirements

Chapter 6. Administrative offenses affecting health,
sanitary and epidemiological well-being of the population and public
moral

• Article 6.13. Propaganda narcotic drugs, psychotropic substances or their precursors, plants containing narcotic drugs or psychotropic substances or their precursors, and their parts containing narcotic drugs or psychotropic substances or their precursors, new potentially dangerous psychoactive substances
• Article 6.16. Violation of the rules for the circulation of narcotic drugs, psychotropic substances and their precursors or storage, accounting, sale, transportation, acquisition, use, import, export or destruction of plants containing narcotic drugs or psychotropic substances or their precursors, and their parts containing narcotic drugs or psychotropic substances substances or their precursors
• Article 6.16.1. Illegal acquisition, storage, transportation, production, sale or shipment of precursors of narcotic drugs or psychotropic substances, as well as illegal acquisition, storage, transportation, sale or shipment of plants containing precursors of narcotic drugs or psychotropic substances, or their parts containing precursors of narcotic drugs or psychotropic substances psychotropic substances
• Article 6.25. Failure to comply with the requirements for a smoking ban sign, for the allocation and equipping of special places for smoking tobacco, or failure to fulfill obligations to monitor compliance with legislation in the field of protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption

Article 6.24. Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities (introduced by Federal Law of October 21, 2013 N 274-FZ)1. Well, today I had a free minute and decided to familiarize myself with the article of the Code of Administrative Offenses that provides for sanctions for smoking. Ostryakin A.P. brought to administrative responsibility for committing an administrative offense under Part 1 of Article 6.24 of the Code of Administrative Offenses of the Russian Federation, namely for the fact that on January 22, 2014.

By the way, Russian legislation does not contain a ban on smoking other substances. The cigarette butt itself can be evidence only after a series of examinations, which, to put it mildly, are impractical. Yesterday, on some radio (I think it was “Auto Radio”) I listened to a program about the “shock” struggle of local police officers with smokers in Moscow. To summarize, we can conclude that as a result of the activities of our legislators, we have received another ineffective article of legislation.

The basis for administrative liability is the fact of smoking tobacco at a distance of less than 15 m from the entrances to the specified premises. Return the administrative case against A.P. Ostryakin to the Russian Department of Internal Affairs at Orel station for a new consideration. According to the requirements of Part 3 of Article 30.6 of the Code of Administrative Offenses of the Russian Federation, when considering a complaint, the judge is not bound by the arguments of the complaint and checks the case in full. The Code of Administrative Offenses of the Russian Federation does not contain a requirement for the mandatory presence of witnesses when drawing up a protocol on an administrative offense.

Commentary to Art. 6.24 Code of Administrative Offenses of the Russian Federation

Data the source of which has not been established, or data obtained in violation of the rights of citizens, including the right to inviolability of personality, home, etc., cannot be recognized as evidence. 7. In accordance with Part 2 of Art. 50 of the Constitution of the Russian Federation in part 3 of the commented article states that the use of evidence obtained in violation of the law is not allowed.

Thus, the case materials do not contain information about A.P. Ostryakin smoking. namely tobacco. However, in violation of these norms, information about the distance at which Ostryakin A.P. smoked tobacco, not established.

E1 and L1, from which it follows that on January 22, 2014, at approximately 22:35, they saw an unknown citizen who was smoking near the main entrance to the Orel station. At the duty station, where they were invited as witnesses, this citizen identified himself as A.P. Ostryakin (case files 11-13). However, as stated above, Federal law prohibits the smoking of tobacco in outdoor areas less than fifteen meters from the entrances to railway station premises.

In addition, in the case materials there is no information about what exactly A.P. Ostryakin smoked, no material evidence was seized, and no report was drawn up. However, the testimony of these persons also does not contain information that A.P. Ostryakin smoked. and exactly what distance from the main entrance to the railway station it was located.

The decision can be appealed to the Oryol Regional Court within 10 days from the date of its adoption. He also asks to reduce the amount of the fine to the minimum if the decision is not canceled, since previously it was similar violations was not involved, there are no aggravating circumstances. The rest of the resolution is left unchanged, and the complaint of Gubin A.A. - without satisfaction.

The latter are information about intermediate facts, when establishing a connection between which circumstances can be identified that are directly related to the subject of proof. Depending on the method of generating evidence, they are divided into primary and derivative.

Plus factories that tar at night are worse than the neighbor in the entrance. By resolution of the chief of police of the Leningrad Region Ministry of Internal Affairs of Russia at Orel station No. dated January 27, 2014. Articles 41 and 46 of the Constitution Russian Federation It has been established that everyone has the right to health protection and everyone is guaranteed judicial protection his rights and freedoms. There is no evidence confirming the specified distance in the case materials, the administrative body did not take measures to establish it.

He considers the resolution illegal and asks to cancel it. At the same time, the judge finds the ruling subject to change, based on the following. Based on the nature of the connection between the evidence and the fact to be established, evidence is divided into direct and indirect.

6. Important for practice, the law enforcement officer has to decide the question of the relevance and admissibility of evidence in relation to the subject of proof. The admissibility of evidence is considered from the perspective of determining the sources of factual data.

The sanction of Part 1 of Article 6.24 of the Code of Administrative Offenses of the Russian Federation provides for administrative punishment in the form of an administrative fine in the amount of 500 to 1,500 rubles. Based on the meaning of the above article, it is not smoking as such that is an offense, but smoking tobacco specifically.

Today the most important, necessary, and controversial issues in this legislation will be discussed.

Where can you not smoke in Russia?

In the Russian Federation, the legal status of smoking and smokers changed dramatically in 2013. If until this moment smoking was not prohibited almost anywhere (there were small bans at the local level, but certainly not at the federal level), now many zones are banned. Until 2013, the smoker himself could determine where he could smoke and where it was better not to do so - it was a kind of free moral choice person. Today, the state is responsible for choosing a place to smoke.

Here full list No smoking areas:

1. Children's playgrounds, areas near kindergartens and schools. This limitation is quite natural and understandable - you shouldn’t damage children’s lungs passive smoking. However, even before the adoption of the law, most smokers had enough prudence not to smoke near children. Now smoking near children's institutions is not just unsightly behavior, but also an offense for which a fine is imposed.
2. At the entrance to public buildings. Public buildings include shopping centers, malls, shopping and entertainment complexes, office buildings, shops, and so on. According to the law, if you smoke closer than 15 meters from the entrance to the building, you are subject to administrative liability for smoking in public places and you are required to pay a fine.
3. Trains near and long distance, airplanes, sea and river vessels. Previously, these areas were only partially free from smoking - smokers, for example, went out into the vestibule on trains. Now the ban is imposed on the entire premises. In fact, the owner company has the right to create a smoking room in a particular area of ​​a train, plane, or ship, but most carriers are in no hurry to take advantage of this opportunity. However, when traveling in business class, the likelihood of finding a smoking room on board is quite high.
4. Bus and tram stops. Many people committed the sin of smoking while waiting for their transport. Now this has become unrealistic - only if you move a few meters away from the stop. From the point of view of non-smokers, this is a very useful innovation. Not everyone likes to breathe someone else's tobacco smoke waiting for transport.
5. Premises common use in apartment buildings. These include elevators, staircases, basements, attics, vestibules and “pockets” - in short, everything that does not belong to the apartment. However, by gathering a council of residents and obtaining permission from most of the neighbors, you can organize a smoking room.

Punishment for smoking in public places

The punishment for this offense is regulated by the Code of Administrative Offenses of the Russian Federation. The fine on average ranges from 500 to 3000 rubles. The size of the fine for smoking in public places depends on where exactly you broke the law, with whom you did it and other aggravating or mitigating circumstances. In the usual case, the punishment for smoking in public places is an administrative fine in the amount of 500 to 1,500 rubles at the discretion of the law enforcement officer. However, there are a number special conditions, which can significantly change the size of the payment.

Attracting minors

The harmful habit of smoking among minors is a very common problem. Many stores, especially small stalls and pavilions, freely sell cigarettes, cigarettes, and tobacco to children under 18 years of age. And many adults, out of their own irresponsibility, agree to buy a pack of cigarettes with their children’s money. Some even actively promote smoking among the younger generation.

Previously, there was no fine for attracting minors and involving them in smoking, but now new law provides for a similar fine. The man, who:

1. Bought cigarettes for minors;
2. He treated minors to cigarettes;
3. He introduced them to the addiction;
4. Promoted smoking among minors;

Pays a fine in the amount of 1000 to 2000 rubles. At the same time, the fine for smoking in the wrong place he will also be forced to pay. Thus, if an adult citizen smoked at the entrance to a public building and at the same time treated a minor to a cigarette, then the fine will range from 1,500 to 3,500 thousand rubles.

A special point is relationship with a minor. If you are a parent or close relative of a minor who was treated to a cigarette, then the amount of the additional fine increases to rubles. What fine for smoking in the wrong place awaits a negligent parent? From 500 to 1,500 rubles for the offense itself, plus rubles for bringing your child, for a total of 2,500 to 4,500 rubles.

Smoking near a child care facility

Passive smoking is a huge obstacle to the healthy development of a child's body. That is why the legislation focuses on prohibiting smoking near children's playgrounds and institutions: kindergartens, schools, preparatory institutions, as well as on playgrounds.

Free legal advice:

What is the fine for smoking in public place, full of children? It has been increased to rubles. The level of responsibility does not change - it is still an administrative offense.

You should not expect that while no one is around, you can safely smoke. Almost all children's institutions today are equipped with surveillance cameras. There is a high probability that the guard who is watching them will notice smoking man and at the very least he will reprimand you.

Other tobacco-related fines

In addition to public places where smoking is prohibited, legislation also regulates other issues related to cigarettes. One of these issues is the retail sale of tobacco.

Cigarette price

The main goal of anti-tobacco legislation is to reduce interest in tobacco products among the population. To achieve this, various measures are being taken, including fines. In addition to such punishment, the government decided to increase product prices in order to stimulate falling demand.

Tobacco products, as you know, are subject to excise tax. This is a tax that is included in the price of the product - so the buyer pays it. The excise tax is controlled by the state. To raise the price of a product, the state only needs to increase the excise tax - and average price any pack of cigarettes will instantly grow.

Free legal advice:

However, the seller could lower the price in his store in order to attract buyers. The law also took care of this - now the cost of one pack cannot be set higher or lower than a certain norm, which is prescribed by law. If this rule is violated, the seller must pay a large fine.

Prohibition signs

Workplaces are by default smoke-free areas (according to modern legislation). One of the responsibilities of management in this situation is to monitor compliance with this law, as well as to notify all employees about the innovation. To do this, it is necessary to place prohibition signs that inform citizens that smoking is prohibited in this room. By the way, the employer has the right to organize a smoking room, but then it must be provided with a permit sign.

Owners shopping centers, malls, shopping and entertainment complexes are also required to provide the walls of the building next to the door with a prohibitory sign. Otherwise, they are forced to pay a fine of hundreds of rubles.

If you smoke, then you just need to know legal basis smoking in Russia. For simple ignorance of new legislation, you can receive a large fine and lose a significant amount. Carefully follow innovations in legislation, and then you will protect yourself from paying fines.

As usual, legislators write laws in such a way that the average person also has to think about how to interpret them correctly. For example, smoking is prohibited at bus stops public transport, and how much, may I ask, should I move away in order not to fall under sanctions: 5 meters, 10 or more? Further, you cannot “smoke” in the entrances, however, with the consent of the residents, it is supposedly possible. And where is the mechanism for obtaining consent written out? What kind of document should be in your pocket, what is it called?

Free legal advice:

Recent Entries

Most read

When asked whether minors can smoke, the answer is quite simple - no. The state is striving to eradicate this problem.

Some drivers, and passengers too, are interested in the question: is there a fine for smoking while driving? Traffic rules.

Each passenger has his own preferences regarding comfort while traveling around the world. railway. To some travelers.

What is the punishment for smoking in public places in Russia?

Smoking is the most common bad habit that affects bad influence on the health of citizens. To smoke or not is a purely individual choice, but the law prohibits poisoning others with tobacco smoke. As you know, passive smokers suffer even more than those who are addicted to consuming tobacco products. To protect those who prefer healthy image life, protect minor children and reduce the number of smokers, an anti-tobacco law was introduced in the Russian Federation.

Free legal advice:

The Code of Administrative Offenses also provides for liability for smoking in public places. It contains a list of territories, areas and premises where smoking is prohibited. Certain articles establish liability for violation existing rules. Persons who violate the anti-tobacco law and the Code of Administrative Offenses will not be sent to prison, but they will face a large fine. We recommend that you carefully read where you can and cannot smoke in order to know how much you will have to spend on paying fines for consuming tobacco products in public places in 2018 and how to avoid liability and protect your rights.

What does the anti-tobacco law of the Russian Federation say?

The so-called anti-tobacco law (No. 15-FZ) was adopted in 2013, but entered into legal force in 2014. It aims to reduce the number of smokers and active struggle with the promotion of smoking. Representatives of the law enforcement system are called upon to monitor compliance with the anti-tobacco law. They organize systematic raids, draw up reports on smoking in public places, and issue fines.

In parallel with the adoption of the anti-tobacco law in the Russian Federation, measures aimed at banning the sale of cigarettes and tobacco products were intensified. For selling tobacco to minors, owners retail outlets are subject to large fines and other more severe sanctions. The new rules state that points for the sale of tobacco products cannot be installed closer than 100 meters from educational institutions. Another tool to combat smoking in Russia is the ban on advertising of tobacco and cigarettes.

As part of the anti-tobacco law, traders were forced to re-equip cigarette sales points. Now sales can only be carried out through premises with a sales floor. Rising prices for tobacco and increasing the cost of excise taxes were also introduced in order to combat smoking in Russia. The law obliged the owners of establishments to install signs prohibiting smoking and to equip special premises for smokers. For neglecting these rules, a fine awaits not only the person who smokes in the wrong place, but also the owner of the establishment. Public policy The anti-smoking program provides assistance to those who are trying to get rid of addiction.

Where you can and cannot smoke

Today everyone knows that smoking in public places is prohibited by law, but few know what exactly is meant by such places. Smoking will be regarded as an illegal act when a person does it where a crowd of people is observed, in public places. Therefore, you should not smoke:

Free legal advice:

• at public transport stops;
• on children's playgrounds;
• on the territory of medical institutions;
• in shops;
• on buses, trains, trains;
• on landings, in elevators;
• in cafes, restaurants, hotels;
• at a gas station;
• on the beach, etc.

Smoking tobacco products in public places, despite the ban, will entail administrative liability. However, punishment can be avoided if you smoke in specially equipped areas and premises. The law allows smoking cigarettes in own car or apartment. Smokers will not be fined for consuming tobacco products in the entrance of an apartment building if it is equipped with a special hood. You can smoke near the entrance to the metro or airport, but the distance to the door to the room should be less than 15 meters.

Always pay attention to warning signs in public places. Violation of the rules may result in a fine and other unpleasant legal consequences. Smoking is allowed at work, but management must provide a special room for this. The so-called smoking rooms are equipped with exhaust equipment, and smokers are provided with a 15-minute technological break.

Administrative responsibility

The Code of Administrative Offenses in Article 6.24 regulates the amount of the fine for smoking and makes its size dependent on the total external factors. The sanctions applied may vary significantly:

• for smoking in public places, individuals will face a fine of up to 1,500 rubles;
• if the smoking ban is violated within the playground, the amount will increase to 2-3 thousand rubles;
• for propaganda and sale of cigarettes to teenagers, the penalty amount will be rubles;
• if parents involve their children in the process of smoking, it will cost them rubles.

Representatives of law enforcement agencies are authorized to issue an administrative protocol for smoking cigarettes in the wrong place. A police inspector can detain a lawbreaker and give him a verbal warning. However, the tightening of anti-tobacco regulations has led to the fact that now police officers immediately issue fines for smoking, without agreeing to compromise with smokers in public places.

Supervisory services and the police are authorized to check whether established by law norms of institutions, organizations and enterprises. If a cafe, restaurant or cinema does not have a sign containing a ban on smoking, this will result in penalties. The amount of the penalty for officials will be up to 20 thousand rubles, legal entities will pay three times more. If an institution systematically violates anti-tobacco legislation by allowing visitors to smoke, it may be closed by court decision.

Free legal advice:

What happens for evading payment of a fine?

If you are fined for smoking cigarettes in a place public use, then it is important to understand what to do in the future so as not to worsen the situation. Having received a copy of the protocol, the person will have 10 days to appeal the document. You need to file a complaint with higher authorities or the court if you do not agree with the decision and refuse to pay the penalty for smoking. To do this, you need to have good reasons and evidence that you are right.

After the expiration of the 10-day period, the person will have 60 days to pay the amount issued as a punishment for smoking. You cannot simply ignore this deadline, otherwise other measures of responsibility will be applied to the citizen. If you do not pay the fine for smoking cigarettes in a place where there is a ban on time, this will result in penalties. The amount of additional sanctions may significantly exceed the amount of the fine itself.

Further, collection of the debt is forcibly taken federal Service bailiffs. Initially, the bailiffs will conduct conversations and use oral methods of persuasion. The next step is to retain the debt from wages. The FSSP can also seize the debtor’s property.

Sometimes people forget about fines issued. To make sure that you do not have a debt to collect for smoking in an unauthorized place, you can visit the service’s website, enter your personal data and check yourself against the database of enforcement proceedings. If debts are discovered, they can be repaid through online services, which is the most convenient and in a simple way making a payment.

Free legal consultation by phone:

Free legal advice:

Article 6.24. Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities

1. Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities, with the exception of cases provided for in Part 2 of this article -

shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand five hundred rubles.

2. Violation of the ban on smoking tobacco on children's playgrounds established by federal law -

shall entail the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles.

Free legal advice:

Commentary to Art. 6.24 of the Code of Administrative Offenses of the Russian Federation

1. The object of the offense is public health.

According to Art. 2 of the Federal Law “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” tobacco smoking is the use of tobacco products for the purpose of inhaling smoke arising from their decay.

To prevent the effects of environmental tobacco smoke on human health, tobacco smoking is prohibited:

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

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

Free legal advice:

3) on long-distance trains, on ships on long voyages, when providing passenger transportation services;

4) on aircraft, on all types of public transport (public transport) of urban and suburban traffic (including on ships when transporting passengers on intracity and suburban routes), in places in the open air at a distance of less than 15 m from the entrances to premises of railway stations, bus stations, airports, seaports, river ports, metro stations, as well as at metro stations, in the premises of railway stations, bus stations, airports, seaports, river ports, intended for the provision of passenger transportation services;

5) in premises intended for the provision of housing services, hotel services, temporary accommodation services and (or) provision of temporary accommodation;

6) in premises intended for the provision of personal services, trade services, public catering, market premises, and non-stationary retail facilities;

7) in the premises of social services;

Free legal advice:

8) in premises occupied by authorities state power, local government bodies;

9) at workplaces and in work areas organized on premises;

10) in elevators and common areas apartment buildings;

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

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

Free legal advice:

13) at gas stations.

Based on the decision of the owner of the property or another person authorized by the owner of the property, smoking tobacco is allowed:

1) in specially designated places in the open air or in isolated rooms that are equipped with ventilation systems and are organized on ships on long voyages when providing services for the transportation of passengers;

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

2. The objective side of Part 1 of the commented article is expressed in the implementation of actions for smoking tobacco in the above-mentioned territories, premises and facilities, with the exception of children's playgrounds, since tobacco smoking in the latter is covered by the objective side of Part 2 of the commented article and entails a more severe administrative penalty.

Free legal advice:

3. The subjective side is characterized by an intentional form of guilt: the person is aware negative impact environmental tobacco smoke on human health and desires it or consciously allows it or is indifferent.

4. Subject of the offense - individual who have reached the age of 16.

5. Cases are considered by internal affairs bodies (police) (in terms of administrative offenses committed in public places) (Article 23.3 of the Administrative Code of the Russian Federation), bodies exercising control and supervision functions in the field of ensuring the sanitary and epidemiological well-being of the population (Article 23.13 of the Administrative Code RF), bodies exercising federal state fire supervision (Article 23.34 of the Code of Administrative Offenses of the Russian Federation), bodies exercising control and supervision functions in the field of transport (under Part 1 of the commented article) (Article 23.36 of the Code of Administrative Offenses of the Russian Federation), bodies exercising state control for the use and safety of the housing stock, regardless of the form of ownership, compliance with the rules for maintaining the common property of premises owners in apartment building, compliance of residential premises, quality, volume and procedure for provision utilities established requirements(regarding smoking tobacco in elevators and common areas of apartment buildings) (Article 23.55 of the Code of Administrative Offenses of the Russian Federation).

6. Protocols are drawn up by officials of bodies exercising control and supervision functions in the field of healthcare (regarding tobacco smoking in territories and premises intended for the provision of medical, rehabilitation and sanatorium-resort services) (clause 18, part 2, article 28.3 Code of Administrative Offenses of the Russian Federation), as well as officials of bodies authorized to consider these cases of administrative offenses (Part 1 of Article 28.3 of the Code of Administrative Offenses of the Russian Federation).

Free legal advice:

What is the fine for smoking in public places in 2017?

As you know, smoking in public places is prohibited in 2017. You may receive an administrative fine for this. This provision is enshrined in the so-called “anti-tobacco law”. In addition, to find out how much of a fine you will have to pay and to clarify for yourself the list of places recognized as public, see Article 12 of the Code of Administrative Offenses. The fine for smoking in public places is imposed in order to combat smoking among the population of the Russian Federation different ages. In 2017, a special emphasis is placed on protecting minors from bad habits. This raises the question, where can you still smoke? Residents of apartment buildings are especially interested in whether the anti-tobacco law allows articles of the Code of Administrative Offenses smoke on landing in 2017?

In general, 15-FZ, which protects citizens from harmful effects tobacco products, was adopted in 2013. However, as of the current 2017, not all of its provisions have legal force. Some items will become legal only in 2017. But all articles regarding fines (including fines for smoking in the entrance) have already been in force since 2014. In order to avoid liability for bad habit, which not every person can take and refuse, it is necessary first of all to memorize the list of places where smoking is allowed and where it is not allowed. This is exactly what will be discussed in our article. And also, about how much a careless smoker will have to pay in 2017, what the size of the fine is provided for by Russian legislation.

Among other things, visitors to the “PravPotrebitel” website have the opportunity to receive free consultation from experienced lawyers for free.

Prohibited areas for smokers

Public places are understood as places where people gather, public areas that are not privately owned. In 2017, it is prohibited to use tobacco products in the following places:

• institutions intended for culture, sports and pastime for the younger generation;
• medical institutions of any kind;
• playgrounds for children to walk;
• organizations whose focus is sanatorium and resort treatment;
• premises owned by social services;
• in public transport (and staff, for example, on an airplane, can smoke);
• in shops, shopping centers, markets, etc.;
• in a restaurant, cafeteria, catering establishments, etc.;
• in hotels, hostels, hotels and other residential premises;
• in the building of administrations, village councils, etc.;
• At work;
• at the entrance;
• in the elevator;
• on the beach (if it is public);
• on the platform for passengers;
• at a gas station.

The provisions of Article 12 of the Code of Administrative Offenses prohibit smoking in a public place, provided that the facility does not provide special place for this. In 2017, most shopping centers and restaurants will equip smoking rooms. airplanes and trains have designated smoking areas, etc. In specially designated areas you will not have to pay for tobacco smoke abuse. The main thing is to follow the rule about not involving minors in harmful activities.

Free legal advice:

Permitted areas for smokers

There are much fewer places where smokers can relax without fear of getting a fine than places where smoking is prohibited. But still they exist. You can smoke:

• in places specially designed for this (we have already mentioned “smoking rooms” above);
• in the entrance, but provided that there is a ventilation hood there;
• in your own car;
• in your own apartment (here you should rely only on your own conscience if children live in the apartment with you);
• on the street;
• near the entrances to the airport, train station, metro, etc., but not coming closer than fifteen meters to the door;
• At work.

Don’t be surprised, you can also smoke at work, but under certain conditions.

It is necessary to equip a special place (for example, in an office there are several people working in the same room, and not all of them may agree to smoke at their desk). It is necessary to obtain the consent of the employer or owner if the premises are rented. At the same time, in any of the permitted places it is necessary to protect teenagers and children and not draw their attention to cigarettes. The distribution of cigarettes among teenagers is especially severely punished. You also need to pay attention to the sign. If you see a sign with a crossed out cigarette, it’s better not to risk it and light a cigarette in the vicinity of it. It is unlikely that a fine can be avoided in such a situation.

How much is the fine in 2017?

Not only citizens who violate the anti-tobacco law can be fined this law. Legal entities also fall under the status of violators. Firstly, a fine can be imposed on managers who are conniving and turn a blind eye to violators who smoke on their territory. Secondly, more serious punishment awaits those enterprises that are involved in the illegal distribution of tobacco products to minors. Not only internal affairs bodies, but also Rospotrebnadzor and fire services have the right to punish legal entities.

What careless business managers and individual smokers should be wary of in 2017:

• 500 – 1500 rub. – those who like to indulge in cigarettes in a public place;
• 2000 – 3000 rub. – smokers in areas intended for children;
• 1000 – 2000 – smoking in company with children under eighteen years of age;
• 2000 – 3000 rub. – parents who smoke in company with their own children (that is, smoking with someone else’s child is still cheaper, but the moral side of an adult’s behavior in both cases is negative);
• 3000 – 5000 rub. will be received by an individual for distributing tobacco products among young people;
• -rub. will receive entity for the distribution of tobacco products among young people.

It is worth considering that not all fines issued by law enforcement agencies have a legal basis. The common man needs to remember that the fact of an offense must be proven. In this case, video recordings and photographs will not be taken into account in court. If you have problems with law enforcement agencies (or with fire services, or with Rospotrebnadzor) and you do not agree with the issued decision on an administrative offense, you have the opportunity at any time to get a free consultation from experienced lawyers. To do this you need to fill out the form feedback and wait a little while the answer comes.

Free legal advice:

Subscribe to updates by email:

Hello. At a public transport stop, a flower boutique saleswoman brazenly smokes. In response to comments, he becomes rude and says: “Complain about me to the police. There is no smoking law for a long time.” What should I do?

Hello! I take the child to the nursery sports school. I constantly see school staff (a security guard, a cleaning lady and some coaches), athletes’ fathers, adult athletes, etc. smoking on the school porch next to the entrance. TIRED. I made comments - they only responded with rudeness! Where to find the government. How far away from the school is smoking allowed?

responded to the specified email address.

Good afternoon. What possible punishment can be applied to schoolchildren in grades 6-7 who smoke right outside the school fence, directly 2 meters from the entrance, in the presence of children? junior classes going to school? Is it possible to impose a fine on the parents of these children, so that others will be discouraged!

12-20/2014

SOLUTION

Judge of the Zheleznodorozhny District Court of Orel V.V. Blokhina,

Having considered the protest of the Orel Transport Prosecutor against the resolution of the Chief of Police of the Regional Department of Internal Affairs of Russia at Orel station No. on the involvement of D.N. Zainutdinov. to administrative liability for committing an administrative offense under Part 1 of Art. Section II. Special part > Chapter 6. Administrative offenses encroaching on the health, sanitary and epidemiological well-being of the population and public morality > Article 6.24. Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities" target="_blank">6.24 Code of Administrative Offenses of the Russian Federation,

INSTALLED:

By resolution of the chief of police of the Leningrad Region Ministry of Internal Affairs of Russia at Orel station No. dated January 27, 2014. Zainutdinov D.N. brought to administrative responsibility for committing an administrative offense under Part 1 of Art. Section II. Special part > Chapter 6. Administrative offenses encroaching on the health, sanitary and epidemiological well-being of the population and public morality > Article 6.24. Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities" target="_blank">6.24 of the Code of Administrative Offenses of the Russian Federation, namely for the fact that on January 22, 2014, at about 18:00, he smoked near the main entrance to the station Orel station in an unspecified place. Zainutdinov D.N. was fined in the amount of 500 rubles.

Oryol transport prosecutor Surov M.V. appealed to the court with a protest against the decision of the chief of police of the Regional Department of Internal Affairs of Russia at Orel station No. to attract D.N. Zainutdinov. to administrative liability for committing an administrative offense under Part 1 of Art. Section II. Special part > Chapter 6. Administrative offenses encroaching on the health, sanitary and epidemiological well-being of the population and public morality > Article 6.24. Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities" target="_blank">6.24 of the Code of Administrative Offenses of the Russian Federation, in support of the protest, indicated that this resolution is illegal and subject to repeal, since when D.N. Zainutdinov is involved. to administrative liability under Part 1 of Article Section II. Special Part > Chapter 6. Administrative offenses encroaching on the health, sanitary and epidemiological well-being of the population and public morality > Article 6.24. Violation of the ban on smoking tobacco established by federal law in certain territories and premises and at the facilities" target="_blank">6.24 of the Code of Administrative Offenses of the Russian Federation, officials of the LMVD of Russia at Orel station committed significant violations of the procedural requirements of the Code of Administrative Offenses of the Russian Federation, which did not allow a comprehensive, complete and objective consideration of the case of an administrative offense. Thus, the case materials do not contain information about D.N. Zainutdinov smoking. namely tobacco. In addition, the composition of the administrative offense under Part 1 of Art. Section II. Special part > Chapter 6. Administrative offenses encroaching on the health, sanitary and epidemiological well-being of the population and public morality > Article 6.24. Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities" target="_blank">6.24 of the Code of Administrative Offenses of the Russian Federation occurs only when the guilty person smokes tobacco at a distance of less than 15 meters from the entrance to the premises of the railway station. However, in violation of the specified norms, information about the distance at which Zainutdinov D.N. smoked tobacco has not been established. He is asking for a resolution from the chief of police of the Regional Department of Internal Affairs of Russia at Orel station No. to bring Zainutdinov D.N. to administrative responsibility for committing an administrative offense under Part 1 Article Section II. Special part > Chapter 6. Administrative offenses encroaching on the health, sanitary and epidemiological well-being of the population and public morality > Article 6. 24. Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities" target="_blank">6.24 of the Code of Administrative Offenses of the Russian Federation, cancel as illegal, return the case of an administrative offense to the LMVD of Russia at Orel station for a new consideration.

At the court hearing, assistant to the Oryol Transport Prosecutor Fedina E.A. supported the performance.

The head of the police of the Regional Department of Internal Affairs of Russia at Orel B1 station objected to the satisfaction of the prosecutor’s protest, considering the decision in the case of an administrative offense to be legal and justified, since the person against whom the proceedings for the administrative offense were being conducted admitted his guilt.

The person against whom the case of an administrative offense is being conducted is D.N. Zainutdinov. did not appear at the court hearing, was duly notified of the place and time of consideration of the complaint, and did not file a motion to postpone the court session. This circumstance, in accordance with the provisions of paragraph 2 of Art. Section IV. Proceedings in cases of administrative offenses > Chapter 25. Participants in proceedings in cases of administrative offenses, their rights and obligations > Article 25.1. The person against whom proceedings are being conducted for an administrative offense" target="_blank">25.1 of the Code of Administrative Offenses of the Russian Federation gives the judge the basis for considering the case in the absence of Zainutdinov D.N. Having checked the case materials, studied the arguments of the prosecutor's protest, listened to the opinion of the assistant prosecutor, representative LO of the Ministry of Internal Affairs of Russia at Orel station, which objected to the satisfaction of the protest, I come to the following.

Return the administrative case against Zainutdinov D.N. LOMIA of Russia to Orel station for a new consideration.

The decision can be appealed to the Oryol Regional Court within 10 days from the date of its adoption.

Judge V.V. Blokhina