Article on smoking coap. Fines for smoking in public places

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

Where can you not smoke in Russia?

IN 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, a 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 should not damage children’s lungs with 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 in someone else's tobacco smoke while waiting for transport.
5. Premises public 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.

Penalty 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. A person 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 minor 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.

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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 the smoking person and at least 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.

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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?

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

Smoking is the most common bad habit that affects negative 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 a healthy lifestyle, protect minor children and reduce the number of smokers, an anti-tobacco law was introduced in the Russian Federation.

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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:

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• at public transport stops;
• on children's playgrounds;
• on the territory of medical institutions;
• in stores;
• 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.

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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.

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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.

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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 Federal Law“On protecting the health of citizens from environmental influences tobacco smoke and the consequences of tobacco consumption" tobacco smoking - 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;

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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;

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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;

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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 smoking tobacco on the latter is covered by the objective side of part 2 of the commented article and entails a more severe administrative penalty.

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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. The subject of the offense is an individual who has 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 over 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 an apartment building, the compliance of residential premises, quality, volume and procedure for provision utilities established requirements(in terms of 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).

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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 hall) have already been in force since 2014. In order to avoid responsibility for a bad habit, which not every person can pick up and give up, it is necessary first of all memorize a list of places where you can and cannot smoke. This is exactly what will be discussed in our article. And also, about how much a careless smoker will have to pay in 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 a 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.

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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 legal 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.

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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?

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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!

Today in Russia there are a number of prohibitions aimed at propaganda healthy image life. One of these is the ban on smoking in crowded places, violation of which may result in a citizen with a cigarette being required to pay a fine. In order not to fall under this penalty, you should know where you can’t smoke and what products are covered by this law.

Legislative framework

Today a number of legislative measures aimed at reducing the number of smokers in the country. The following documents are key:

• Federal Law No. 15, adopted on February 23, 2013. The legislative document consists of 25 articles, which list a number of prohibitions related to the distribution and advertising of cigarettes and tobacco use, as well as other measures aimed at reducing the number of citizens who smoke.
• Article 12 of the smoking ban law provides a list of places where it is prohibited to be with a lit cigarette.
• Article 6.24 of the Code of Administrative Offenses of the Russian Federation provides for punishment for violating the above law, or more precisely Article 12. The violator will have to pay a fine if he is caught by a police officer or an application is filed against him by persons who have evidence of violating this law.

Where is it forbidden to smoke?

The law provides an exact list of places that are considered public, and on the territory of which smoking is strictly prohibited. According to the list, smoking is prohibited:

• On the territory of institutions that work in the field of education, culture, sports, including the territory of youth centers. That is, smoking on the territory of a school or university or stadium is prohibited.
• In institutions working in the healthcare sector, that is, hospitals and clinics, sanatoriums and adjacent areas. Simply put, you can smoke by first going outside the fence of the territory and moving a few meters away from it.
• In public transport - buses, airplanes and helicopters, river and water vessels. This ban applies not only to transport users, but also to the personnel working on it - drivers, flight attendants, and conductors.
• In places where passengers board and disembark - airports and train stations, stations, ports, stops.
• In residential areas. Of course, we are not talking about your apartment or the apartment of your friends, but about premises that are intended for renting out for living. In particular, these include hostels and hotel rooms.
• In the territory of household and commercial facilities - in canteens, cafes, market premises and shops. But after leaving the building of the same cafe, the visitor can safely smoke, of course, if there is no other place nearby that is prohibited.

  In the case of cafes and restaurants, they must equip a special smoking area. By the way, it is important to know that today it is forbidden to divide the halls into “smokers” and “non-smokers”.

• In municipal buildings, district, city and regional authorities, social services offices.
• At an indoor workplace. After leaving the building, the employee may smoke on or off the premises of the enterprise.
• Smoking is prohibited in the entrances multi-storey buildings. True, for of this rule there is an exception.
• On playgrounds built for children's recreation. Violation of this clause is punished most severely.
• On the beaches.
• At gas stations.

And, of course, in those places where there is a sign prohibiting smoking.

Where can you smoke?

Despite a rather impressive list of prohibitions, there are still places where heavy smokers can enjoy a cigarette. These include:

• Specially equipped, separate rooms for smokers with a special note about the purpose of the room. Usually organizations are required to equip them for their employees, cafes for visitors, etc.
• In the apartment, if it is your property.
• In my car. True, if you work as a taxi driver, then while transporting passengers you should resist the urge to smoke.
• The entrance to a multi-storey building with the condition that it has a specially designated place with good ventilation.
• Transport hubs with the condition that the smoker has moved at least 15 meters away from the entrance to the train station or airport, port or station.
• On long-distance ships, but only in specially designated places.
• At the workplace, but only if the employer has equipped a separate “smoking room” for this. Alternatively, the employee can also go outside to satisfy his need.

Smoking outside is also allowed, but it is better to do so with caution. Any place where there is a large concentration of people may be mistaken by the police for a public place, and you may be issued a fine, especially if somewhere nearby there is a sign prohibiting smoking in this place.

Hookah and electronic cigarettes

Separately, it is worth considering the possibility of smoking a hookah and electronic cigarettes, more precisely, their use in the places specified in Article 12. Today, the smoking law does not contain direct prohibitions on hookah smoking, but only if the mixture does not include tobacco. If the mixture contains it, then it automatically falls under the law on smoking.

Smoking hookahs with tobacco mixtures is prohibited in public places and cafes and restaurants. The latter should equip special smoking rooms for fans of hookah with tobacco mixtures.

Electronic cigarettes are not included in the ban. The reason for this is that no tobacco is used in their production. Taking this into account, it is believed that passive smoking using electronic cigarettes does not harm others.

But still, lovers of hookah and electronic cigarettes should follow the news, as this is not the first the year goes by We are talking about the possibility of limiting smoking areas and for them.

What are the penalties for smoking in the wrong place?

As already mentioned, you will have to pay a fine for breaking the law. Its size depends on where exactly the offender was caught:

• Smoking in any place listed above, excluding children's playgrounds, will cost from 500 to 1,500 rubles.
• If a smoker is caught with a cigarette on the playground, then you will have to pay from 2,000 to 3,000 rubles.

On June 1, 2014, new clauses of the smoking ban law come into force. Now fines for smoking in public places have been increased, and the list of such places has been significantly expanded.

The smoking ban is established by No. 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption,” and the amount of fines for violating this law is prescribed in Articles 6.23-6.25 of the Code of Administrative Offenses of the Russian Federation.

Below you can see the table of fines for smoking in entrances, near the metro, schools and other public places; we also recommend that you read the articles:

Amount of fines

Source: Code of the Russian Federation on Administrative Offenses" dated December 30, 2001 N 195-FZ (as amended on May 5, 2014) (as amended and supplemented, entered into force on May 16, 2014)

Chapter 6. ADMINISTRATIVE OFFENSE AFFECTING THE HEALTH, SANITARY AND EPIDEMIOLOGICAL WELFARE OF THE POPULATION AND PUBLIC MORALS

Article 6.23. Involving a minor in the process of tobacco consumption

• 1. Involving a minor in the process of tobacco consumption - entails the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles.
• 2. The same actions committed by parents or other legal representatives of a minor shall entail the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles.

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

(introduced by Federal Law dated October 21, 2013 N 274-FZ)

• 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 - entails the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles.

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

(introduced by Federal Law dated October 21, 2013 N 274-FZ)

• 1. Failure to comply with the requirements for a no-smoking sign designating territories, buildings and objects where smoking is prohibited, and for the order of its placement -
• shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; for legal entities - from thirty thousand to sixty thousand rubles.
• 2. Failure to comply with the requirements for the allocation and equipment of special places in the open air for smoking tobacco or the allocation and equipment of isolated premises for smoking tobacco -
• shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to thirty thousand rubles; for legal entities - from fifty thousand to eighty thousand rubles.
• 3. Failure by an individual entrepreneur or legal entity 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 in the territories and premises used to carry out their activities -
• entails the imposition of an administrative fine on individual entrepreneurs in the amount of thirty thousand to forty thousand rubles; for legal entities - from sixty thousand to ninety thousand rubles.

Fines for smoking in public places imposed by the Government of the Russian Federation, concerned about the harm that could be caused smoking people non-smokers In 2013, a bill was passed imposing sanctions in the form of fines and promoting bad habits.
Federal Law No. 15 came into force in June 2014, and its task was a planned reduction in the number of cigarette users in the country.

The size of the fine for non-compliance with this legal act depends on several factors:

• where the offender was detained;
• norms were violated by a legal entity, individual or official;
• are there specially designated smoking areas near the place of detention;
• whether persons under the age of majority were involved in the process of nicotine use.

It is important where the illegal act was committed:

1. The citizen smoked in a place prohibited by law. A representative of the executive authorities has the right to give a warning if the fact of the act was recorded for the first time, or issue a fine from 500 to 1,500 rubles. The written protocol is administrative.
2. Smoking on children's or playgrounds, as well as in places where children gather, can cost a smoker up to 3,000 rubles.
3. Separately, the offender will be fined up to 2,000 rubles if he involved a minor in the process of consuming cigarettes, bought him a pack of cigarettes, or promoted him.
4. The parents of a teenager for acts committed in the third paragraph may be fined up to 3,000 rubles.

In addition, in addition to the government officials themselves, heavy smoker citizens can complain, it all depends on how much harm he constantly causes by smoking in the wrong place. The amount of the fine in the situation under consideration will be up to one and a half thousand rubles if the victims write a statement to the police and the guilt of the person breaking the law is revealed.

Video materials and witness statements will be considered evidence of guilt. In addition, if an unlawful act of this nature is committed by an individual for the first time, and as a result no harm was caused a large number persons or minors, the executive may, at his discretion, limit himself to a verbal warning and removal of the citizen from a public place.

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How much is it and how is it paid?

Provided that the administrative protocol has been completed, it must be paid immediately.

You can do this in two ways:

1. According to the details, for which you need to go to any branch of Sberbank. In the machine that accepts payments, the details of the protocol, the passport details of the person who violated the law are entered, and the amount of money specified in the protocol is paid.
2. Through Sberbank online. Savings bank cardholders who have personal account, it is not necessary to leave home to pay the fine. Just find the “payment of fines” tab, go through it, fill in the required fields, check with the protocol and pay. In this case, the amount will be debited from bank card within a certain period of time, and the collection will be considered closed.

If the offender, for one reason or another, is not sure whether penalties have been imposed on him under this paragraph, he can check this on the state website. services.

To implement this operation, necessary:

• register on the site by filling out the empty fields with your last name, first name and patronymic, personal address email and telephone number;
• go to the website of the bailiff service;
• find a page that provides information about the presence of enforcement proceedings;
• submit the appropriate application online to the bailiff service, which must be executed by the judicial authorities within 17 days.

It is necessary to take into account that bailiffs have a number of reasons for refusing to provide information. The reasons may be an incorrectly submitted application, the inability to disclose the requested information, or if the citizen does not have these powers. If the details of the administrative penalty were lost for some reason, you should contact the district police department with a request to receive a copy of the receipt.

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The essence of the ban law

Federal Law No. 15 contains a number of clauses and articles that detail its content.

• transfer general concepts and principles of protecting the body from the effects of tobacco components;
• responsibilities and rights of citizens in the context under consideration;
• powers of government representatives in the field of protection from the influence of tobacco components.

The law details the places where smoking is not permitted, indicates the restrictions imposed on the sale of cigarettes, prohibits measures on advertising of tobacco and the smoking process itself, for example, in cinema, as well as several other points, including:

• procedure for providing support to citizens medical workers aimed at abstinence from tobacco addiction;
• all kinds of measures aimed at reducing the use and demand of cigarettes;
• educating citizens about the dangers of cigarette abuse and harmful influences on the body, carried out with the help of the media and anti-tobacco advertising;
• measures of executive control according to all criteria of the legislative act.

Law No. 15-FZ affected 4 more Federal Laws, which required amendments. These were the laws: “on the principles of organization of government bodies”, “on the organization of self-government bodies”, “on advertising” and “on violations in the field of health protection”. Full version The regulatory act in question can be found on the official website of the government of the Russian Federation.

What other fines are provided under anti-tobacco legislation?

In addition to the fines provided directly to individuals who violate the clauses on smoking in designated areas and propaganda, Federal Law No. 15-FZ provides for penalties for those who are obliged to take these measures to limit smoking.

Such penalties include:

1. Default certain persons on the installation of special signs notifying, or violation of the order of placement of these signs. Fines for a current offense provide for an amount of up to 20,000 rubles for individuals and up to 60,000 rubles for legal entities and officials.
2. Refusal of legal entities to fulfill obligations to place and equip specialized facilities, whether open air or closed spaces. Offenders may be fined 80,000 rubles.
3. Lack of smoking control at the enterprise (workplace), endangering the health of citizens who do not have a bad habit. For individual entrepreneurs, the legal act establishes a fine of up to 40,000 rubles, for legal entities - up to 90,000 rubles.

The Federal Law under consideration may undergo changes and additions, because only the Government can decide how much sanctions to pay to the state. In this regard, it is necessary to carefully monitor changes in the legal framework aimed at controlling smoking, and penalties imposed for failure to properly adhere to legal norms. On at the moment V State Duma the issue of increasing liability for all points of non-compliance with the anti-tobacco law is being considered.

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Consequences of late payment

All administrative fines, according to the legislation of our country, must be paid within sixty days from the date of their imposition. To appeal the accrued amounts for collection, another 10 days are given beyond the established period.

In the event that during a given period of time, an individual or legal entity has not repaid the debt, in accordance with Federal Law No. 15, the amount of the fine is increased by 2 times. If in this situation the citizen continues to ignore the penalty issued to him, law enforcement agencies have the authority to issue an administrative arrest for up to 15 days.

In the executive authorities, among other things, they practice methods of forced collection of sums of money from legal and individuals who were held responsible for the offence. If you fail to repay the receipt on time, you are guaranteed to have problems with the FSSP, a ban on leaving the country for any period of time, and a host of other troubles.

Agencies that have the right to fine smokers

Full responsibility for compliance with Federal Law No. 15-FZ rests with the police. They have the exclusive right to issue an administrative penalty to a citizen who has violated the rules of law. In addition to recording the offense itself, the police officer can use video recording equipment or the testimony of several witnesses.

• educational institutions, regardless of their nature: kindergartens, municipal and private educational organizations, sports schools, secondary special and higher educational institutions etc.;
• all enterprises medical direction: adult and children's clinics, hospitals, diagnostic centers etc.;
• all public transport: buses, all types of taxis, trains, planes, ferries, etc.;
• retail space, including market areas, shops, shopping centers;
• “catering” and recreational places: restaurants, cafes, entertainment centers, bars, cinemas;
• social organizations;
• state and municipal institutions;
• places of work;
• sea, lake and river beach areas;
• gas stations;
• playgrounds and areas equipped for children;
• territories of railway and bus stations, ports and;
• internal area of ​​buildings with two or more residential apartments: landings, stairs and elevators.

By excluding such an impressive list, it is possible to create a new one, indicating in it where smoking is allowed:

1. Places on the street that are not public.
2. Smoking areas equipped to all standards. The enterprise, in turn, undertakes to provide such zones.
3. Territory of personal property: apartment space, houses, dachas, plots, etc.
4. Personal vehicle, provided that there is at least 15 meters between its location and the entrance to any building.

The force of Federal Law No. 15-FZ applies equally to all subjects of the Federation. Its entry into force made it possible to reduce the number of smokers in public places, and, accordingly, the harm received by citizens free from the bad habit. The “knot” around tobacco addicts is narrowing, and it may soon be possible to observe complete absence smokers in our country, which will improve the health of the entire nation.

Government measures to combat tobacco smoking are not limited to Law No. 15-FZ. There are other regulations and amendments to legislation that, to one degree or another, limit the consumption of tobacco products.

Fines for smoking in public places

5 (100%) 7 votes

Smoking in public places is an offense for which police officers are increasingly issuing citations. The imposition of punishment is not accidental, because by his actions a person puts other people in danger. A fine for smoking in a public place is necessary to protect non-smoking citizens from the harmful effects of tobacco smoke, because a dangerous addiction should not affect people without bad habits.

What is the fine for smoking in a public place?

The anti-tobacco law on smoking in public places, under which a fine is imposed on the offender, was adopted in 2014.

According to it, you cannot smoke when you are near other people, at the doors of public institutions, at train stations, near places of mass entertainment. Such requirements apply to trains, playgrounds, and school grounds.

Entrepreneurs who do not provide proper notification to citizens are also subject to punishment: special signs and stickers are hung in the premises and at the entrances, indicating a ban. However, their absence does not become a reason to evade responsibility.

People are most often fined for smoking in places where it is prohibited:

• at bus stops;
• on the beach;
• in the park;
• at the station
• at the entrance;
• in the vestibule of a commuter or long-distance train;
• in the toilet of a restaurant, cinema, cafe;
• at the entrance to a store or restaurant.

Accordingly, smoking in any public place is subject to sanctions. Police officers patrolling streets, station buildings, and other crowded places can bring you to justice. The amount you have to pay will depend on the situation and circumstances of the incident.

The indicator that smoking is allowed on the site is not other people who violate law and order - a sanction can be applied to them. Or the police will only record your violation by compiling a material - the possibility of smoking should be indicated by appropriate inscriptions.

Where is smoking allowed?

The sanctions do not include all places to which other people do not have access, that is, they will not breathe smoke. You can smoke without fear:

• in your apartment, including a balcony. Even though the smoke may go to your neighbors, you cannot be held liable;
• V special places– at train stations and airports there are designated smoking areas. Signs will inform you about their presence, or you can ask the transport police for help;
• away from people - even if you are standing at a public transport stop, but there are no other citizens nearby, no one prohibits you from smoking. You can smoke in a park, forest, or on the street, but only away from other people.

The anti-tobacco law helps protect people without bad habits from exposure to toxic smoke. If you violate its requirements, a fine will be issued, which must be paid within 2 months, otherwise additional sanctions will be applied to you.

It is worth thinking not only about your own budget, but also about the comfort of other people before you start smoking.