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Federal smoking ban law. What to do with those who smoke in public places? Decree banning smoking in public places

In 2013, Federal Law No. 15 “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” was adopted, which regulates the issues of banning smoking in public places, the spread of restrictions and the imposition of fines. The legislator has significantly increased the liability for violating smokers.

Article 12 of the Law contains an impressive list of places where smoking is prohibited. This provision has significantly limited the rights of a certain category of citizens who now cannot use tobacco in restaurants, sports institutions, and public places. The tightening of sanctions is reflected in the Administrative Code and the negative consequences in the form of fines affect not only smokers, but also organizations that ignore the new provisions of the Law. Based on the results of the first half of 2017 alone, the Rospotrebnadzor report indicated that the amount of fines for such violations of standards amounted to 60 million rubles.

In which places is smoking prohibited?

Smoking is prohibited in the following areas:

medical institutions, including sanatorium facilities and clinics;
educational and training organizations, such as schools, preschools, technical schools, universities (premises and surrounding area);
metro, airports, other transport facilities - within a radius of 15 meters;
cultural and sports facilities, such as circuses, philharmonic societies, theaters, stadiums;
public transport of any category of long-distance and suburban communication - buses, planes, trains, electric trains, train platforms, bus stops;
hotels, hostels, hotels and other establishments that specialize in providing temporary housing to individuals;
buildings of social institutions and services;
public spaces of the apartment building, elevators;
premises for the provision of services and places of trade;
buildings of government authorities at different levels;
gas stations;
beaches, playgrounds and playgrounds;
workplaces.

An impressive list introduced a number of restrictions according to which smokers cannot use tobacco in cafes and restaurants, train vestibules and stops, near schools and on the territory of shopping malls. Responsible persons are required to place appropriate prohibition signs in the specified objects. Ignoring the instructions of either party entails legal consequences in the form of a fine for smoking in a public place.

Where are the rights of smokers not limited?

Implementation of the “anti-tobacco law” requires compliance with the main legal principle that everything that is not expressly prohibited is permissible. That is, before taking a cigarette, the smoker should make sure that he is not in the places listed above.

Cigarettes will not cause a fine if the distance from public institutions, cultural and sports facilities, and transport stops in open space is more than 15 meters.

A smoker can “smoke” without restrictions in a residential premises for personal use that meets the isolation criteria. The law cannot prohibit the disposal of one’s own apartment or house at one’s own discretion. The ban does not apply, inter alia, to the bathroom, toilet, balcony, loggia of your own place of residence.

Smoking is allowed in places specially designated for this purpose in institutions, restaurants, cafes, apartment buildings, and other buildings. Such places are designated as “smoking rooms” and are located in compliance with prohibited norms and restrictions.

How are designated areas organized?

In 2018, compared to 2017, the rules regarding smoking rooms did not change. Designated areas must meet the following criteria:

On the street: availability of ashtrays in sufficient quantities, installation of a special sign indicating “smoking area”, provision of lighting at night.
In the room: the presence of an appropriate sign, maximum isolation with the expectation that non-smoking employees, visitors and other persons will not smell tobacco smoke. Among other requirements, the premises must be equipped with ashtrays, a fire extinguisher and a high-quality ventilation system.

In addition to the above points, all types of smoking rooms are subject to requirements for compliance with hygienic and sanitary standards.

What are the fines for smoking?

Violation of the ban on smoking in unauthorized places, enshrined in Federal Law No. 15, provides for administrative liability under several articles of the Code of Administrative Offenses. Sanctions in the form of a fine include:

Article 6.25 of the Administrative Code. Violation of provisions regarding ignoring prohibited norms and organizational requirements by enterprises, organizations, and other legal entities - from 10,000 to 90,000 rubles.
Article 6.24 of the Administrative Code. Tobacco use in a public place – 500-1000 rubles, on the playground – 2000-3000 rubles.
Article 6.23 of the Administrative Code. Involving persons under the age of majority, including purchasing cigarettes for them, treating them to such products - 2000-3000 rubles for parents and 1000-2000 rubles for third parties.

What questions arise most often?

The answer is unequivocal - yes. The legislator has not yet introduced such restrictions. However, relevant initiatives are periodically put forward. Most often, neighbors are unhappy with this fact. Today, the only way to resolve the problem (other than trying to reach an agreement) is to file a civil claim in court for damages. The applicant will be required to prove in court the existence of harm to his life and health, as well as the creation by the smoker of real obstacles to the normal use of the premises and living in it.

Violation of sanitary standards must be recorded. For this purpose, specialists from Rospotrebnadzor are invited and a corresponding act is drawn up. The procedure for collecting sufficient evidence and protecting interests in court will require a lot of time and effort, but the possibility of defending your rights is not excluded.

In practice, smokers are faced with the problem of finding special places at the airport and train stations. “Smoking rooms” are installed in almost all Russian and world airports. These are well-ventilated, isolated rooms with ashtrays. If finding a special place caused difficulties, or it simply does not exist, smoking is allowed 15 meters from the object.

A common question is: is it possible to use tobacco products in a summer cafe?

No. Rospotrebnadzor outlined its position in the corresponding letter No. 0106-14-25 of 2014. The ban is based on the fact that the terrace and veranda are premises used to provide catering services. Consequently, smoking in such places violates the “anti-tobacco law” and entails penalties.

The Government of the Russian Federation has been particularly committed 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.

At the moment, the sharp negativity caused by the adoption of the smoking ban resolution has 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 specialized and higher education 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 airplanes, 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 on public service premises. 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.

E-Sigs

Not so long ago, electronic smoking devices entered the everyday life of smokers. 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. Therefore, at the moment, smoking electronic cigarettes is legal everywhere.

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

According to Rospotrebnadzor, in 2017 alone, Russian residents were fined more than 60 million rubles for smoking in unauthorized places and other violations.

Passive smoking causes significant harm to the health of surrounding non-smokers. Therefore, the law quite seriously limited the rights of smokers in public places, thereby providing an opportunity for non-smokers to maintain their health and protecting the younger generation from addiction.

Where you can't smoke in Russia

The smoking ban law came out several years ago, but was fully operational and came into force only in 2017. Its action is aimed at protecting the health of non-smoking citizens and preventing the spread of tobacco among minors.

The adoption of the law is directly related to Russia’s ratification of the World Health Organization Convention on Tobacco Control.

The document clearly states places where smoking is prohibited by law:

gas stations;
public beaches;
playgrounds;
elevators and entrances in residential buildings;
workplaces;
premises of public authorities;
metro;
train stations;
airports;
social services premises;
sea and river ports;
public transport;
educational institutions;
medical institutions;
sports objects;
cultural sites;
kindergartens;
catering establishments;
hotels and hostels;
the shops;
covered markets;
premises of household services.

In all places where smoking is prohibited, a special sign prohibiting smoking must be placed. If a person, despite the prohibition sign, still decides to smoke, he risks receiving an impressive fine. All institutions that do not have a prohibition sign are punished by law.

Fine for using tobacco products in prohibited areas

The smoking ban law is represented by 25 articles, which date back to December 2016. Of these, the most detailed information about penalties is in Article 6.

Article 6. 23 Federal Law 15. Provides for punishment in the form of a fine of 1 thousand to 2 thousand rubles in case of attracting minor children to smoke.

These actions include the purchase of cigarettes, joint smoking with children under the age of majority, etc. If the same smoking products are purchased by parents for children under 18 years of age, then penalties are applied to the parents and amount to 2-3 thousand rubles.

Article 6 . 24 Federal Law 15. Provides penalties for the use of tobacco products in public places and ranges from 500 to 1 thousand rubles. A separate article includes punishment for smoking in places specially designated for children - in this case the penalty will be 2-3 thousand rubles.

Article 6. 25 Federal Law 15. Provides penalties for ignoring restrictions provided by law and the absence of special prohibitory signs for individual entrepreneurs, officials and legal entities. The amount of punishment varies from 10 thousand to 90 thousand rubles.

A special place for smoking on the street must have sufficient lighting at night, an ashtray and an appropriate sign. In enclosed spaces, the smoking area must be closed, have an ashtray, a fire extinguisher, an appropriate “Smoking Area” sign, artificial lighting and a ventilation system.

The model of the ventilation device must ensure complete assimilation of polluted air and prevent the penetration of smoke into adjacent rooms.

To prevent tobacco smoking, the population is educated about the dangers of smoking and tobacco smoke. It is prohibited to show smoking in any theatrical productions, cartoons and other programs for children, as well as for adults, except for programs where a cigarette is required to reveal the artistic intent.

Advertising that encourages the use of tobacco is not permitted. Manufacturers are required to indicate on cigarette packs the detailed composition of the substances they contain and warn about the dangers of smoking with an appropriate slogan. The sale of tobacco-containing products to adolescents under 18 years of age is strictly prohibited. For this, a fine of up to 100 thousand rubles is provided for enterprises and up to 50 thousand for private entrepreneurs.

Since 2018, not only sellers, but their parents are responsible for selling cigarettes to minors. For sponsorship of advertising and production of tobacco - a fine of 80-150 thousand rubles. At the municipal level, management has the authority to further introduce a smoking ban in some places.

Tobacco use areas

It is not prohibited to use tobacco products on the street. The condition for this is that the smoker is 15 meters away from all objects where smoking is prohibited. It is allowed to use tobacco products in their own houses and apartments, on their balconies and terraces.

As an exception, you can smoke in apartment buildings and on long-distance vessels, if these places are equipped with everything necessary and have sufficient ventilation.

It is legal to use tobacco products in your own car and in specially designated smoking areas. You can smoke at city and intercity transport stops.

It is not prohibited to use tobacco products at work in smoking areas, but only with the permission of the enterprise management.

There is no official ban on the use of electronic cigarettes in Russia.

The law does not apply to the use of hookahs in cafes and bars, but only if they are located in open areas.

Monitoring compliance with the law banning smoking in public places is provided by police officers.

If a violation of the regulation is detected in a closed space, then the Fire Service or Rospotrebnadzor has the right to impose a fine by law. In July 2018, Parts 2 and 4 of Article 18 of Federal Law 15 will come into force. They will contribute to even stricter control over the wholesale and retail sale of cigarettes.

Current federal legislation prohibits smoking in almost all public places, and even in your own apartments you can smoke only if the smoke does not cause harm to the health of others. The list of places where smoking is prohibited, and the measures of financial liability for violators are described below.

Health issues and health savings in connection with the harmful effects of tobacco smoke are regulated by Federal Law No. 15.

It defines smoking as the use of tobacco and tobacco-based products to produce smoke based on the smoldering of these products. Thus, we are talking only about “hot” smoking, and not about inhaling tobacco or using electronic cigarettes, etc.

Federal Law No. 15 on the ban on smoking in public places clearly defines 13 different places where smoking is prohibited - these are:

Territories of schools and other educational organizations of any form of ownership.
Territories of hospitals and other healthcare institutions.
Trains and long-distance water vessels.
Airplanes, public transport (municipal and commercial), including metro, trains, international/intercity buses, etc.
Hotels, hotels and other premises where temporary accommodation of residents is carried out.
Any shops, canteens, restaurants and cafes, markets, including mobile (mobile) shopping facilities.
Any type of social services.
Any government agencies, local authorities.
Any office buildings, workshops and other work premises.
Elevators, staircases, etc.
Playgrounds for children, beaches (within established boundaries).
Platforms for passengers, aprons and other areas where boarding of vehicles takes place.
Gas stations of all types.

This list is not exhaustive, since the same article stipulates that government authorities (as well as municipal authorities) can establish additional restrictions. In general, citizens can consume cigarettes and other tobacco products in all other places, as well as in places marked with special signs, including on the territory of correctional institutions.

Where is it legal to smoke?

In fact, there are very few permitted smoking areas left. Citizens can still use cigarettes, pipes, hookahs at home, including on the balcony, loggia, terrace, etc. (if they are also private property). However, you cannot smoke in the entrance, including next to the porch, as well as on the staircase, and in other common areas.

As for the street, smoking is allowed everywhere with the exception of areas that are in close proximity to the places listed above (train stations, airports, hospitals, schools, etc.). The minimum distance from the entrances to these institutions, as well as from their boundaries (children's playground, hospital) should be 15 meters or more.

You can smoke at work, but only in places that are specifically designed for this. We are talking about the so-called “smoking rooms” - small rooms with corresponding signs at the entrance.

Despite the fact that smoking at home, including on the balcony, does not formally contradict the requirements of the law, there are examples of judicial practice when complaints from neighbors suffering from chronic diseases are satisfied. Therefore, it is better not to abuse your right and smoke so that the smoke does not go directly into neighboring apartments.

A case from judicial practice

Is smoking electronic cigarettes (vapes) prohibited?

Similar ban measures are expected to be introduced in relation to smoking:

electronic cigarettes;
electronic hookahs;
evaporative mixtures.

Currently, this bill has been submitted to the State Duma of the Russian Federation, but it has not yet been approved.

However, a de facto ban on the use of vapes has been adopted in many public places - public transport, cafes, etc. Judging by the text of the bill, the prohibited places will be exactly the same - 13 points indicated above. And although these measures have not yet formally entered into force, electronic cigarettes and other imitation devices can only be used on the street and in other places not prohibited by law.

How is a non-smoking area designated?

Also at the federal level, the issue of the method of designating territories and premises in which smoking is prohibited (from the specified list or from additional lists established by local authorities) is also regulated. The definition occurs using a special sign, which can be done in black and white or color. A description of the sign and its image can be found in Order of the Ministry of Health No. 14N dated May 12, 2014.

The same document states that the sign can be additionally accompanied by an appropriate inscription - for example, “No smoking”, although this is not necessary. The image must be placed at the entrance to any area where smoking cigarettes is prohibited. Also, at the request of the owner, additional signs can be placed in other places, for example:

on hotel room doors;
in the banquet hall, at the bar;
in the offices of public organizations;
in vestibules and salons, etc.

Expert opinion

Sobolev Dmitry

Administrative offenses lawyer, site expert

It is important to understand that the absence of a sign does not mean that a person can start smoking because he “did not know” that this process is prohibited, for example, on a bus. In this case, liability measures will be applied to him on a general basis. However, a citizen can contact regulatory authorities (for example, Rospotrebnadzor) to point out this violation. Then the department must also fine the owner of the premises (individual entrepreneur or legal entity).

Liability and fines for violation: legislative framework

For violation of the federal law banning smoking in public places, as well as other norms adopted by federal, regional and municipal authorities, liability is provided for:

disciplinary;
civil;
administrative.

The main measures taken against violators are oral reprimands, reprimands from the employer, and monetary fines. Their size depends on the status of the person (private citizen, individual entrepreneur or legal entity), as well as on the place where the violation was recorded:

Individual pays from 500 rub to 1500 rub in general.
If smoking is detected on the playground (regardless of the time of day) - from 2000 rubles to 3000 rubles.

If the legislation is not controlled on the territory of the company (legal entity or individual entrepreneur), this also entails a fine. By non-compliance with standards, the legislation understands: