Smoking in a public place Code of Criminal Procedure of the Russian Federation. Laws banning smoking in public places. Fines for smoking in public places in Russia. Where is smoking allowed?

As you know, smoking in public place in 2019 it is impossible. You may receive an administrative fine for this. This provision is enshrined in the so-called “anti-tobacco law”. In addition, to find out how much of a fine you will have to pay and to clarify for yourself the list of places recognized as public, see Article 12 of the Code of Administrative Offenses. The fine for smoking in public places is imposed in order to combat smoking among the population of the Russian Federation different ages. In 2019, a special emphasis is placed on protecting minors from bad habits. This raises the question, where can you still smoke? Especially interesting for residents apartment buildings does the anti-tobacco law allow and articles of the Code of Administrative Offenses smoking on the landing in 2019?

In general, Federal Law 15, which protects citizens from the harmful effects of tobacco products, was adopted in 2013. However, as of this year, not all of its provisions have legal force. Some items will become legal only in 2019. But all articles regarding fines (including fines for smoking in the entrance hall) have already been in force since 2014. In order to avoid responsibility for a bad habit, which not every person can pick up and give up, it is necessary first of all memorize a list of places where you can and cannot smoke. This is exactly what it's about we'll talk in our article. And also, about how much a careless smoker will have to pay in 2019, what the size of the fine is provided for by Russian legislation.

Among other things, visitors to the PravPotrebitel website have the opportunity to receive free advice from experienced lawyers free of charge.

Under public places refers to places where people gather, public areas that are not privately owned. It is prohibited to consume in 2019 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;
V public transport(and the staff, for example, of an airplane, can smoke);
in shops, shopping centers, markets, etc.;
in a restaurant, cafeteria, establishments catering etc.;
in hotels, hostels, hotels and other residential premises;
in the building of administrations, village councils, etc.;
At work;
at the entrance;
in the elevator;
on the beach (if it is public);
on the platform for passengers;
at a gas station.

The provisions of Article 12 of the Code of Administrative Offenses prohibit smoking in a public place, provided that the facility does not provide a special place for this. In 2019, the majority shopping centers and restaurants will be equipped with “smoking rooms”. airplanes and trains have designated smoking areas, etc. In specially designated areas you will not have to pay for tobacco smoke abuse. The main thing is to follow the rule about not involving minors in harmful activities.

Permitted areas for smokers

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

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

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

It is necessary to equip a special place (for example, in an office there are 10-15 people working in one room, and not all of them may agree to smoke at their desk). It is necessary to obtain the consent of the employer or owner if the premises are rented. At the same time, in any of the permitted places it is necessary to protect teenagers and children and not draw their attention to cigarettes. The distribution of cigarettes among teenagers is especially severely punished. You also need to pay attention to the sign. If you see a sign with a crossed out cigarette, it is better not to risk it and light a cigarette in the vicinity of it. Avoid fines in similar situation It's unlikely to succeed.

How much is the fine in 2019?

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

What careless business managers and individual smokers should be wary of in 2019:

500 – 1500 rub. – those who like to indulge in cigarettes in a public place;
2000 – 3000 rub. – smokers in areas intended for children;
1000 – 2000 – smoking in company with children under eighteen years of age;
2000 – 3000 rub. – parents who smoke in company with their own children (that is, smoking with someone else’s child is still cheaper, but the moral side of an adult’s behavior in both cases is negative);
3000 – 5000 rub. will receive individual for the distribution of tobacco products among young people;
100,000 – 150,000 rub. will receive a legal entity for distributing tobacco products among young people.

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

Today the most important, necessary, and also controversial issues in this legislation.

Where can you not smoke in Russia?

IN Russian Federation legal status 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 - this was a kind of free moral choice of a person. Today, the state is responsible for choosing a place to smoke.

Here full list No smoking areas:

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.
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.
Short- and long-distance trains, 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.
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 non-smoking people, this is a very useful innovation. Not everyone likes to breathe in someone else's tobacco smoke while waiting for transport.
Common areas 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. A person who:

Bought cigarettes for minors;
He treated minors to cigarettes;
He introduced them to the addiction;
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 public building and at the same time treated a minor to a cigarette, the amount of 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 a 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.

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However, the seller could reduce 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 zones (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 prohibitory 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 of 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, it is prohibited to smoke at public transport stops, but how much, may I ask, should you 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 healthy image life, 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. Separate articles establish liability for violation of 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 is aimed at reducing the number of smokers and actively combating 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, retail outlet owners are subject to large fines and other, more severe penalties. 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 refurbish cigarette sales outlets. Now sales can only be carried out through premises that have trading 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. Government policy against smoking provides assistance to those who seek 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 your 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 institutions, organizations and enterprises comply with the norms established by law. 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 have been fined for smoking cigarettes in a public place, 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.

Next, the Federal Bailiff Service will forcibly collect the debt. Initially, the bailiffs will conduct conversations and use oral methods of persuasion. Next step will be the retention of 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 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 youth affairs agencies, 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 on outdoors at a distance of less than 15 m from the entrances to the 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 of 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 tobacco smoking in the latter is covered objective side Part 2 of the commented article and entails a more severe administrative penalty.

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3. Subjective side 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 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).

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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. A fine for smoking in public places is imposed in order to combat smoking among the Russian population of different ages. In 2017, a special emphasis is placed on protecting minors from bad habits. This raises the question, where can you still smoke? It is especially interesting for residents of apartment buildings whether the anti-tobacco law and articles of the Code of Administrative Offenses allow smoking on the landing in 2017?

In general, Federal Law 15, which protects citizens from the harmful effects of 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 advice from experienced lawyers free of charge.

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 is 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 this law can be fined for violating the anti-tobacco 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 a legal entity for distributing tobacco products among young people.

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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 employees (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 kind of 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 elementary school children going to school? Is it possible to impose a fine on the parents of these children, so that others will be discouraged!

The Government of the Russian Federation has taken a particularly close approach to solving the issue of smoking in public places in recent years. Such measures were introduced not only as a way to combat smoking, which causes disapproval from smokers, but also as a concern for the health of non-smoking citizens in public places, whose rights smokers must also take into account.

The first restrictions came into force back in 2013, and every year the narrowing of the boundaries of smoking areas becomes more significant. The reason for such harsh control was statistics. According to the latest data, every year about half a million Russian citizens die due to diseases caused by active or passive smoking.

On at the moment the sharp negativity caused by the adoption of the smoking ban gradually faded away. But experts say that positive changes towards improving the health of the country's population will become noticeable only after at least five years.

Here is a list of places where smoking is strictly prohibited by law.

Where you can't smoke according to the new law of 2019

The list of prohibited smoking areas is gradually expanding, at the moment it looks like this:

Smoking is strictly prohibited throughout various educational institutions. This includes schools, secondary special and higher educational institutions. Smoking is not allowed on the territory of sports and cultural institutions.
The ban was also introduced on the territory of health-improving institutions, including clinics, hospitals, and sanatoriums.
The restrictions affect all types of public transport, including planes, ships, intercity and long-distance trains, buses, and so on. The same applies to railway and bus stations, airports and ports, metro stations and trains, as well as at least 15 meters from the station exit.
Smoking is prohibited in buildings or areas public services. That is, State Pension Fund branches, social security services, social service centers.
In the premises and on the territories of departments of government agencies and authorities. This includes courts and prefectures. Various ministries, departments, agencies and so on.
Smoking in the workplace and other work areas is also subject to restrictions.
Smoking is strictly prohibited in elevators and stairwells in residential buildings.
Smoking is not allowed on beaches and playgrounds.
Gas stations are also on the list of prohibited smoking areas.
The ban applies to dormitories and any places of temporary residence (hotels).
Despite special protests from smokers, the ban also affected bars, restaurants and cafes.
The list also included premises of consumer services (various workshops, ateliers, and so on).

Where is smoking allowed in 2018-2019

Let's also consider places where smoking is allowed. The list is much shorter, but you don’t have to worry about penalties in the listed places:

Smoking is permitted inside your personal property. This applies to the car and living space (you also have the right to smoke on the balcony).
Almost everywhere on the street, the exceptions are the territories listed above and the 15-meter border from metro stations, airports, ports, train stations, bus stops.
You can smoke at work, however (!) only in a specially designated and equipped room.
On passenger platforms for waiting for passenger trains.

Electronic cigarettes

Not so long ago, smokers also included electronic devices for smoking. Electronic cigarettes do not use standard tobacco; they use a glycerin flavored substance with added nicotine. Such devices do not produce smoke, but produce steam.

Electronic cigarettes are not prohibited in European countries and they are allowed to be smoked not only in public places, but also in airplane cabins. In the Russian Federation, the ban on smoking tobacco products also does not affect them, since they simply do not fall into this category. 'Cause at the moment smoking electronic cigarettes legal everywhere.

However, some politicians are arguing about this, wanting to limit electronic devices, citing the presence of nicotine in device cartridges.

On June 1, 2013, with the exception of a few provisions, the Federal law Russian Federation dated February 23, 2013 No. 15-FZ (hereinafter referred to as the Law), prohibiting smoking in public places, sponsorship and advertising of tobacco, as well as the involvement of children in tobacco use. Due to the fact that since May 11, 2008 the Russian Federation is a party to the Framework Convention World Organization health care on tobacco control, the adoption of the new law is the fulfillment of obligations to combat smoking and reduce mortality due to tobacco use in international level. Naturally, the adoption of the “anti-tobacco” law, as it is also called, caused ambiguous opinion in society, because the new law affects many interests, from the most powerful tobacco lobby to the average smoker.

The ban on smoking in a number of public places will be introduced gradually.

Let us remind you that from June 1, 2013 it will be prohibited to smoke in schools, universities, hospitals, clinics, sanatoriums, government buildings, municipalities, social service premises, elevators and entrances, airplanes, urban and suburban transport, inside and closer than 15 meters from entrances to train stations and airports, metro stations, at sports and cultural venues, workplaces and work areas organized indoors, on playgrounds and beaches (Law).

From June 1, 2014, the smoking ban will apply to long-distance trains, long-distance vessels, hotels, cafes and restaurants, markets and other retail facilities, platforms of commuter trains (clauses 3, 5, 6, 12 part 1 of the Law).

What consequences await smokers if they break the law?

It is obvious that a ban is effective only when it is supported by appropriate rules on liability for non-compliance. The adopted “anti-tobacco” law establishes disciplinary, civil and administrative liability (Law).

On May 14, 2013, the State Duma adopted in the first reading a bill on fines for violating the “anti-tobacco” law (the full name is the draft Federal Law “On Amendments to the Code of the Russian Federation on Administrative Offenses and the Federal Law “On Advertising” in connection with the adoption of the Federal Law" On protecting public health from the effects of environmental tobacco smoke and the consequences of tobacco consumption", No. 222563-6, hereinafter referred to as the Draft Law)

The bill provides for the following administrative fines (table):

Table. Administrative liability for violation of established prohibitions (Article 1 of the Draft Law)

Type of violation	Type of punishment
Type of violation	Individual	Legal entity	Official
Smoking tobacco in certain territories, premises and facilities prohibited by federal law	Fine: 1000 – 1500 rubles.
Sale of tobacco products to minors		Fine: 80,000 – 90,000 rubles;	Fine: 8,000 – 10,000 rubles; - confiscation of tobacco products
Tobacco sponsorship		Fine: 80,000 – 150,000 rubles; - or suspension of activities for up to 90 days	Fine: 5000 – 7000 rubles.
Violation of prohibitions and restrictions on the demonstration of tobacco products and the process of tobacco consumption	Fine: 2000 – 5000 rubles.	Fine: 80,000 – 100,000 rubles.	Fine: 8,000 – 10,000 rubles.
Violation of prohibitions and restrictions on the demonstration of tobacco products and the process of tobacco consumption in information products intended for minors	Fine: 3000 – 5000 rubles.	Fine: 80,000 – 100,000 rubles.	Fine: 10,000 – 15,000 rubles.
		Fine: 100,000 – 500,000 rubles; - confiscation of advertising products or suspension of activities for up to 90 days with confiscation of advertising products	Fine: 5,000 – 20,000 rubles; - confiscation of advertising materials

In the process of implementing the law, there will be practically no usual places for smoking; in fact, smoking will only be possible at home and on the street, where there is no legal ban. According to the Global Adult Tobacco Survey (GATS), conducted in 2009, in Russia almost 44 million people (39.1% of the adult population) are regular tobacco smokers.

As a result of a survey of our users on the topic: “In your opinion, will this ban “work” if it is planned to introduce administrative fines for violations (the corresponding bill was adopted in the first reading)?” it turned out that more than half of respondents (67% - red segment) believe that a smoking ban will not work, while 32% of users believe that such a ban will work (green segment), and 1% expressed indifference to this topic (yellow segment).

Survey time: May 20-26, 2013
Location of the survey: Russia, all districts
Sample size: 528 respondents

With the introduction of a smoking ban, three questions automatically become relevant:

among the smoking population: where will smoking be allowed without consequences?
for employers: does their organization fall under the “double ban” or is it possible to organize special smoking areas and according to what technical requirements?
for non-smoking citizens: where to turn if a smoker intentionally continues to violate the Law?

Where can you smoke without consequences? Principle rule of law states: a citizen is allowed everything except what is directly prohibited by law. Therefore, you can smoke where it is not prohibited by law. So, you can smoke only in specially designated places, in your own apartment or house and in your car.

To avoid administrative responsibility for smoking in prohibited places, we offer several recommendations:

1. You need to know the exact list of places where smoking is prohibited and adhere to it as much as possible.
2. If you are caught smoking in a prohibited place, then remember that on the territory of the Russian Federation there is a presumption of innocence (Part 2 of Article 1.5), therefore the burden of proof lies on the prosecution. Indisputable evidence confirming a violation will only be the circumstance if you are caught red-handed. In addition, only the body can bring to administrative responsibility executive branch, police officer or district police officer. Witness testimony alone is not enough, and video cameras have not yet been installed in all playgrounds and stairwells.
3. In case of disagreement with the protocol on an administrative offense, the current legislation provides for the opportunity to challenge in court a decision, action (inaction) of a government body, local government body, official, state or municipal employee if you believe that your rights have been violated (Part 1 Art. 254).
4. Receiving and playing audio and video recordings may involve a violation of the privacy of citizens (Article 23). According to Part 2 of Art. 55 evidence obtained in violation of the law has no legal force and cannot be used as the basis for a court decision.

Is it possible to organize special smoking areas and what requirements should be followed? Which organizations will be subject to the “double ban”?

Based on the decision of the owner or another person authorized by the owner of the property, smoking tobacco is allowed in specially equipped isolated rooms (Part 2 of the Law). The arrangement of smoking rooms is not an obligation, but a right of the employer. And only if the owner of the premises does not mind. However, if the owner office building refuses to follow the lead of smoking employees, then the tenants will have to look for a new, more loyal landlord. Although many companies have similar rules even before the Law came into force. For example, Unilever has a global policy according to which in all rented or owned buildings, including industrial ones, special smoking areas must be equipped outside, and smoking is prohibited in the buildings. “At the same time, the agreement signed between our company and the business center clarifies that smoking in the business center is prohibited in principle - exceptions are specially designated places on the street,” notes Ekaterina Odintsova, senior manager for media relations and corporate communications Unilever group of companies in Russia, Ukraine and Belarus. “We do not plan to organize special smoking rooms inside the office we rent in Moscow, since there are special places for smoking on the street. Smoking employees have a positive attitude towards the ban that has already been established today, so the new law will not affect their work in any way.”

The Ministry of Health of the Russian Federation announced the project back in March of this year technical requirements to the allocation and equipment of special places in the open air for smoking tobacco and to the allocation and equipment of isolated rooms for smoking tobacco.

Draft orders and requirements for smoking premises and a no-smoking sign

		Order "On approval of requirements for the allocation and equipment of special places in the open air for smoking tobacco, for the allocation and equipment of isolated premises for smoking tobacco"
		Order "On approval of the requirements for the no-smoking sign and the procedure for its placement"
		Requirements for the allocation and equipment of special places in the open air for smoking tobacco, for the allocation and equipment of isolated rooms for smoking tobacco
		Appendix to the Requirements for the No Smoking Sign
		Requirements for a no-smoking sign and the order of its placement

These requirements stipulate that smoking areas are located outside areas and premises where smoking is prohibited and must comply with hygienic standards for the content in the atmospheric air of substances released during the consumption of tobacco products.

In the open air, such places must be equipped with ashtrays, “Smoking Area” signs and artificial lighting (in dark time days), information materials about the dangers of tobacco and harmful effects tobacco smoke. In buildings, smoking rooms must be located in isolated rooms. In addition to meeting the requirements listed above, smoking areas must also be equipped with a fire extinguisher and “a door or similar device to prevent the entry of contaminated air into adjacent areas.”

In addition to these requirements, the Ministry of Health of the Russian Federation also published draft requirements establishing prerequisites, restrictions or their combination to the no-smoking sign and the order of its placement to designate territories, buildings and objects where smoking tobacco is prohibited.

Thus, the following requirements are imposed on a smoking ban sign: it must be a color graphic image measuring at least 200x200 mm (except for signs in transport and additional ones - on the doors of hotel rooms, in train vestibules, at bar counters, etc.). Such a sign is planned to be placed at each entrance to the territory, facility or building where smoking is prohibited (at vehicles- on all doors), as well as in common areas (toilets). If the premises of a building or facility provide for the provision of different types services, a sign is placed at the entrance to each premises in which this or that service is provided.

Organizing smoking rooms in specially isolated rooms is an expensive task: from 100 thousand to 400 thousand rubles. The cost of a smoking cabin varies depending on the individuality of the project and technical characteristics. Thus, a ready-made smoking room of a standard configuration for six people costs about 200 thousand rubles.

Rospotrebnadzor will be responsible for monitoring the compliance of smoking areas with approved standards. For violation of approved standards, the department has the right to issue fines. At the moment, the size of the fine for employers who “allow” smoking in the workplace has not yet been adopted.

Less fortunate are employees of institutions where the organization of smoking rooms is prohibited (hospitals, stadiums, government agencies, etc.). According to the new law, they fall under a “double ban.” Employees of such institutions will be forced to either refuse bad habit, or smoke outside the premises. Last week it became known that from June 1 of this year, State Duma deputies will smoke in a special pavilion, which is located next to one of the entrances to the lower house of parliament. Sergei Popov, Chairman of the State Duma Committee on Regulations and Organization of Work of the State Duma, at a plenary meeting held on May 24, 2013, said: “The Committee on Regulations agreed on the locations proposed by the State Duma apparatus and the corresponding pavilion will be located on the street near entrance No. 6.”

Ekaterina Odintsova, senior manager for media relations and corporate communications of the Unilever group of companies in Russia, Ukraine and Belarus: "By giving up smoking, an employee encourages himself to stay longer and healthy life. We help and support employees who want to quit smoking, as we understand that this can sometimes be very difficult to do. We have developed a global standard, which the Russian division of Unilever also adheres to. For employees who want to quit smoking, there are support programs: lectures are organized, consultations with specialists on smoking cessation, paid drug treatment etc. After the anti-tobacco law comes into force, it will become easier to comply with our global standard, since similar laws have long been in force in European countries."

Where to go if a smoker intentionally continues to violate the Law?

For those who, on the contrary, suffer from addiction neighbors on the landing, there are several legal ways to influence them.

1. The first thing you can do is warn the smoker that, according to the new law, smoking is prohibited in this place. You can even show an excerpt from the text of the Law itself.
2. Place a notice banning smoking indicating the provisions of the Law prohibiting smoking on the landing.
3. If this does not help, then feel free to call the local police officer or the police, then write a corresponding statement to the police officer. If a police officer refuses to take proper response measures, you can file a complaint with the prosecutor's office.

The question of how executive authorities will monitor compliance with the “anti-tobacco” law remains open.

Russia is one of the most smoking countries in Europe. Therefore, the state is actively fighting this harmful phenomenon in society. It is known that cigarette consumption harms not only the consumer of tobacco products himself, but also the people around him, who are also called passive smokers. That is why one of the directions of state policy to combat this harmful phenomenon is to limit the consumption of tobacco products in public places.

Legal methods to combat smoking

In the fight against smoking, the legislator resorts to all acceptable methods of influencing the consumption of tobacco products. This:

Although legislation in this area is aimed at reducing tobacco consumption, its effect is a very significant source of income for the state budget. Income comes from fees and other permits for the production and sale of tobacco products, as well as fines and other financial sanctions that are paid into the budget by entrepreneurs and citizens for violating anti-tobacco legislation.

For these reasons, the state has fought and will fight against smoking, but will never decide to complete ban tobacco At least, there is no such practice in the modern world.

Constitutionality of anti-tobacco legislation

Often from the rostrum of populist oppositionists one can hear unflattering comments about Russian anti-tobacco legislation as undemocratic and violating the rights of citizens who smoke. But is this really so? The Constitution of the Russian Federation enshrines the fundamental rights of man and citizen; in particular, Article 41 speaks of the human right to protection of health.

As already mentioned, cigarettes and other tobacco products harm not only the smoker, but also others, so consuming them in public places violates this constitutional right of citizens. At the same time, manufacturers and distributors of tobacco products violate the constitutional rights of smokers, giving them the opportunity to harm their health. Based on this, the state, in a completely constitutional manner, has taken on the function of regulating relations in the sphere of circulation and consumption of smoking products and is pursuing a policy against smoking in public places.

Anti-tobacco legislation of Russia

Anti-tobacco legislation includes every act regulating the circulation or consumption of tobacco products. But the most famous is the resonant Federal Law No. 15-FZ of 2013, adopted in connection with the ratification Russian government framework convention International Organization Health care, on limiting the consumption of tobacco products.

After it came into force This law Smoking in public places received strict territorial restrictions, and the places in which it could be sold were also limited. The law provides state support people who want to get rid of a bad habit.

Anti-tobacco legislation includes legislation on the circulation of such products, the tax code, as well as other legislative acts that artificially, without any economic justification, increase the cost of tobacco products and complicate the organization of such a business.

Where can you smoke today?

There was a rumor in the media that since the adoption of Law 15-FZ, smoking is no longer allowed anywhere. But in reality this is not the case. As already mentioned, no state will ever agree to a complete ban on tobacco consumption. At the same time, the number of places where you can smoke has decreased significantly.

Today you can smoke in your home, apartment, or other private premises that are not a public place. You can smoke outdoors wherever it is not prohibited due to certain factors. You can also smoke in a personal car, unless you are transporting passengers in it. You can also smoke in specially designated areas, which are indicated by the appropriate sign.

Smoking ban in public places

The rules prohibiting smoking in public places can be divided into a ban on the use of tobacco products and a ban on their distribution. According to its focus, the ban on use applies to all citizens located on the territory of Russia, and the ban on sale and distribution applies to subjects economic activity who sell such products.

Prohibition of hookah smoking

Smoking a hookah is considered less harmful than cigarettes, however, harm to the body from consuming such cigarettes is caused. Therefore, hookah smoking in public places is also limited, although not so strictly. It can be smoked in specialized establishments, in specially equipped rooms. Moreover, such premises can be equipped with a table and chairs, and also served by waiters.

Where is it forbidden to smoke?

You cannot use tobacco products in any public enclosed space, except in places specially designated for this purpose. This prohibition also applies to toilets, entrances and other auxiliary premises. Outdoor tobacco use is also limited in the area in close proximity (15 meters) to children's educational institutions, such as kindergartens and schools, medical institutions and state authorities and local governments. Smoking is also prohibited on public transport. Moreover, the ban also applies to long-distance railway and sea transport. But in such transport it is allowed to equip seats for this activity.