Fine and punishment for smoking in the entrance
The most effective way to force the population to comply with the “letter of the law” regarding smoking in public places is to establish a monetary fine for violating Federal Law No. 15. And it was this method that the deputies of the State Duma chose. Any person who decides to turn an entrance or one of the flights of stairs into a personal “smoking room” will have to pay a considerable fine - from 500 to 1,500 rubles. In case of repeated violation of the law, the maximum payment amount reaches 2,500 rubles, plus a penalty “for lack of understanding” - in the amount of 1 thousand rubles.
A fine for smoking in entrances is far from the only way to rid non-smoking citizens of the Russian Federation from the role of passive smokers. There is a whole list of public places where the use of cigarettes, cigars and other tobacco products is prohibited.
For smoking on the landing - a fine of 690 rubles!
“The neighbor smokes like a steam locomotive all over the entrance, we have to regularly make our way to the apartment through a smoke screen... Not only we adults breathe this muck, but also children. He rarely responds to requests not to smoke, claiming that he also doesn’t like many things, and sometimes is rude. What to do?" — Nina Stanislavovna from Minsk addressed this question to the Community Literacy Portal.
Let's understand the situation.
First. In which rooms of an apartment building you can smoke, and in which you cannot, are determined by the “Rules for the use of residential premises, maintenance of residential and auxiliary premises.” The law defines the entrance as an auxiliary room of an apartment building, which means that smoking in it, as well as on staircases, vestibules, lobbies, galleries, elevator halls, attics and basements is prohibited. The explanation is simple - tobacco smoke can disturb non-smoking neighbors, penetrate into apartments, and negatively affect the health of residents.
Second. The consequences for violating this clause of the rules are a fine. Its size is determined by the Code of Administrative Offenses. At the moment it is up to 690 rubles.
However, in order to establish the fact of an offense, you need to either literally catch the offender by the hand, or enlist the support of like-minded neighbors (data from CCTV cameras is also suitable) and call an employee of the housing and communal services organization, who will draw up a protocol on the administrative offense.
In addition to organizations that operate the housing stock and provide utility services, such protocols can be drawn up by authorized officials of rural, town, district, city and regional executive committees, district administrations in cities, as well as bodies exercising state sanitary supervision.
It should be noted that if a smoking neighbor pleads guilty to committing an offense, then an administrative violation report is not drawn up. And the fine should not be more than 11 rubles. 50 kopecks
By the way, you can apply another strategy, which will certainly have an effect on some citizens. Sometimes it is enough to simply talk to a smoker, ask him not to do this in the entrance (the law does not prohibit smoking in the apartment, on the balcony and on the street near the house). In other situations, you can use psychological influence or visual propaganda, for example, hang information in the entrance about the dangers of smoking and the health consequences, and also warn about fines.
Yana Shchuka
Community Literacy Portal
03 May 2017
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How to deal with smoking in the entrance?
To “restrain” a tobacco user who breaks the law, you can use several tactics. To begin with, limit yourself to simple conversation. Remind the smoker that there is a law prohibiting the use of tobacco products in public places. If this approach does not bring the desired result, print out the signs “Smoking is strictly prohibited!” Post them on the areas between floors.
If all of the above methods did not bring the desired result, you need to expose the smoker and prove the fact of the offense. To solve this problem, you can use the help of neighbors who are ready to become your witnesses. You can also collect photo or video evidence on neighbors who are turning stairwells and entrances into smoking rooms. The main thing is not to overdo it and not to violate the requirements of the law on protecting the right to privacy.
Government decree banning smoking in hallways
At the moment, everything related to smoking is regulated NOT by Government Decrees, but by the relatively new Federal Law “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.” Resolutions may amend this law, so you need to look for the necessary answers about smoking bans in this Federal Law.
Is it possible to smoke near the entrance of a residential building or inside it?
To answer this question, let us turn to this law. According to subparagraph 10 of paragraph 1 of Article 12, smoking is prohibited in elevators and common areas of the MKD, that is, in public areas. It is the common area that the entrance should be classified as, since all residents of the apartment building and other persons have access to it.
There must be a corresponding sign at the entrance stating this prohibition.
The Federal Law does not say anything about smoking near the entrance, and from this it follows that there is no talk of prohibiting it and it is allowed.
However, according to the meaning of the law, this should also be prohibited, because smoke can enter apartments from below through windows and thereby harm people. Therefore, it may not be possible to circumvent the law due to the lack of precise instructions.
How far away from home can you smoke?
Since the law we are considering does not say anything about prohibiting smoking at the entrance or at home, no distance is provided.
There are provisions that prohibit smoking at a distance of less than 15 meters from the entrances of train stations, airports, sea and river ports, and metro stations.
It's not that far, but these meters protect most of the people there.
BUT there is one caveat!
Federal Law No. 15 states that “Government bodies of the constituent entities of the Russian Federation have the right to establish additional restrictions on tobacco smoking in certain public places and indoors.”
Some regions have adopted their own local laws regulating this issue, for example, in Chuvashia or the Kurgan and Samara regions it is indeed prohibited to smoke at entrances or even at public transport stops at a distance of less than 15 meters from them.
Is it possible to smoke a hookah in the entrance
It all depends on the “filling” of the hookah. The Federal Law prohibits smoking tobacco products in certain areas and in certain premises. If the hookah contains a mixture based on tobacco leaf, then no, it is not allowed, and this law does not apply to smoking other substances without tobacco.
How to organize a smoking room in the entrance
If tobacco lovers predominate among the residents of your house, you can solve the problem amicably by creating a specially equipped smoking room.
To solve this problem, it is necessary to hold a meeting of at least 1/2 of the population of the apartment building. A protocol must be kept to confirm the legality and legality of this event. Indicate the names of the participants, record in detail the issues discussed at the meeting, and the number of voters. To organize a “smoking room”, the number of people who agree with such a decision must prevail over the number of residents who voted “against”.
The special room must comply with legally established sanitary and fire safety standards and have a smoothly functioning ventilation system.
Where to go to complain if neighbors smoke in the entrance or on the landing
Usually, to deal with such people you need to complain to the local police officer or call the police. However, without an evidence base, they will only be able to conduct an explanatory conversation with him, which will be of little help.
If the above authorities do not help, then you can visit the prosecutor's office
There are cases when people filed claims in court in order to fully punish the offender, but it is necessary to prove that harm was caused.
How to prove
Evidence is the most important part of any trial. There will be no concrete evidence - there will be no responsibility. Therefore, it is extremely important to collect them before contacting the competent authorities.
To hold a smoker accountable, photo and video materials showing him smoking in a prohibited place are suitable. Witness testimony can also help.
Step-by-step instructions for punishing a smoking neighbor
Let's move on to the list of legal actions that you will have to take to calm down your cigarette-smoking neighbor:
- Find out who exactly smokes in the entrance or on the staircase. It won't go well if you lash out at your non-smoking neighbor with accusations. You will ruin your relationship and gain a reputation as an inadequate person. Therefore, before proceeding with the next steps, find out exactly which of your neighbors abuse tobacco.
- Collect evidence. It’s good if there are CCTV cameras in the place where the smoke is blown. You can write to the management company with a request to provide a video. If this is not possible, then you will have to do everything yourself. You can watch your neighbor and take a photo or video of him smoking. It would be enough.
- We are writing a statement to the district police officer. We hand it over to the district police officer along with all the evidence.
- We are watching the sad neighbor, because now he will have to pay not only for cigarettes, but also for breaking the law.
Complaint about a neighbor who smokes
Before you go to the local police officer with a complaint, you need to know how to make one. By the way, if your neighbor is also a drinker, then you can include a clause about drinking alcoholic beverages in the entrance. To download the sample, go to the following
. ⇐
Where to complain about smoking?
Having decided to fight for clean air in the entrance of your home, keep in mind: the ability to hold people accountable for smoking in public places rests with law enforcement and control officials. Therefore, any statements describing facts of non-compliance with Federal Law No. 15 must be addressed to your local police officer and the housing department. If malicious smokers continue to terrorize the entire entrance, and you have video or photographic evidence against them, feel free to call “02” and call the police.
What is the punishment?
For the first time, Federal Law No. 15, prohibiting smoking in public places, was adopted by the State Duma of the Russian Federation on February 23, 2013. Since then, it has been edited several times - in 2014, 2015 and 2021.
In the latest editions, penalties have been introduced and clarified for violators - individuals and legal entities.
Unlike the UAE, where you can go to jail for smoking in a public place, or Italy, where those who like to take a drag on a cigarette in the wrong place face a fine of 500 euros, in Russia the punishment for violators is insignificant.
How much is the fine? According to Article 6.24 of the Code of Administrative Offenses of the Russian Federation, a person who lights a cigarette in the entrance faces a fine of 500 to 1,500 rubles . In case of repeated violation, the fine increases to 2,500 rubles.
It must be remembered that in the case of fines for smoking in public places, there are no “monthly passes”. That is, if a neighbor was fined in the morning for smoking in the entrance, and in the evening he went out to smoke again, the fine can be issued again, but in a larger amount. The violator risks parting with an amount of 1500 - 2500 rubles for each “smoke break”.
Responsibility for smoking in the apartment
A smoker bears responsibility for smoking in a communal apartment only if it is possible to prove the fact of an offense. According to Article 6.24 of the Code of Administrative Offenses of the Russian Federation, smoking in common areas of a communal apartment is punishable by a monetary penalty in the amount of 500 - 1,500 rubles.
The fine for smoking in an apartment can be significantly higher if it results in personal injury or financial damage. In the event that a fire occurs in an apartment as a result of smoking, resulting in serious injury, death or major damage, criminal liability arises.
