A neighbor smokes on the landing what to do. Does it break or not? What are the penalties

Problem

I would like to know if there are any legislative acts prohibiting smoking in the entrance? Neighbors tortured me with smoke, which stands in the entrance and penetrates into the apartments. How can this be dealt with?

Thanks in advance.

Solution

YOUR ACTIONS:
1. CALL A REGIONAL OFFICER OR COP(tel.: 02 or 911)
2.WRITE A STATEMENT TO A DEPARTMENT OFFICER OR A POLICE OFFICER
3.PRINT AND APPLY A NO SMOKING ANNOUNCEMENT
http://taktaktak.ru/attachment/2011/12/20/a96aae91c15c6187e86aca2527afb888.jpg
with full excerpt from ARTICLE 6.4

the position of the smoker is simple - he is calm, he does not care about the neighbors - and everything while he smokes - relaxes, your position must be firm and sometimes tough to knock out that calm foundation from the smoker - do not let him relax - this is war, be ready for it.

the first line of defense is passive:
1. warn the smoker in a polite manner to stop
(usually doesn't work)
2. re-warn and threaten to call the police
(very rarely works, also ineffective)
3. Post a no-smoking notice
(smokers get on their nerves - sometimes it works)
the second line of defense is active:
1. call the police or a district police officer - write a statement
(works rarely and for a short time - a maximum of 2 weeks)
2 re-call the police - write a statement again
(sometimes works, but not for heavy smokers)
3. Post an aggressively assertive no-smoking notice
(wait - the fear of being beaten works, sometimes the neighbors do it)
4. to provoke the smoker to active actions (a bucket of water, give it to the teeth) after calling the police
(if you are a girl or an elderly person, stand in front of a smoker, don’t move away! Don’t let him calmly finish smoking, you have to inhale the smoke, several times it’s enough)
Be active - you are the owner - the rights are on your side!

I have the same problem. They smoke in the entrance and snap. When asked to open the window, they say that they are cold, although after smoking they go outside without a hat. Outspoken arrogance and belief in impunity will make you think about the real fight against cattle.

First of all, it is necessary to prove the fact of violation of my rights of observation sanitary norms. Although it is also not easy to prove that the entrance is not a place for smoking in our state - the Moscow City Duma has not yet adopted a law banning smoking in the entrances of residential buildings. At least I did not find this law. But on http://www.epochtimes.ru/content/view/45819/3/ I read about the indignation of smokers... The authorities think more about the right of smokers to poison us because there are more smokers.

However, I don't understand why I have to breathe smoke.

But in order to record the fact of smoking, I must by law record it in front of witnesses, which is not at all probable. I decided to film smoking on a hidden camera, but I doubt that my footage of pests will be considered by the court as evidence and that I will not be prosecuted for illegal collection of information about citizens. Such a law also exists in our strange legislation.

If you are not friends with your neighbors and cannot simply ask them (a police colonel with whom I am friends smokes in the stairwell), then trying to fight in a legal way is a terrible burden. Life is too short to spend it in endless bickering. Most The best way- terrorist. Intimidate. (1) Use physical violence in a sophisticated way: duct tape, torn clothes, broken glass and a broken door. (2) Unfortunately, this is also headache and costly: you need to think through everything carefully, hire chebureks (Asians) or better Caucasians, etc. And then deal with the law enforcement agencies, play up, deceive, or STUPIDLY ADMIT ... There is a peaceful solution - move to the village or live in the country. So - be patient and seal the front door. In any case, decisive people are respected on planet Earth. Take action.

Solution

The legal basis for restricting tobacco smoking is determined by the Federal Law "On Restricting Tobacco Smoking" dated July 10, 2001 N 87-FZ.

In accordance with Art. 6 federal law"On the Restriction of Tobacco Smoking" in order to reduce the harmful effects of tobacco smoke Tobacco smoking is prohibited in workplaces, in city and suburban transport, in air transport with a flight duration of less than three hours, in indoor sports facilities, healthcare organizations, educational organizations and cultural organizations, premises occupied by public authorities, with the exception of tobacco smoking in specially designated areas for tobacco smoking.

The ban on tobacco smoking in workplaces, in urban and suburban transport, in air transport with a flight duration of less than three hours, in indoor sports facilities, health care organizations, educational and cultural organizations, premises occupied by public authorities, with the exception of tobacco smoking in specially designated areas for smoking tobacco, established by paragraph 1 of Art. 6 of the Federal Law "On the Restriction of Tobacco Smoking". In accordance with paragraph 3 said article Violation of its provisions will result in prosecution administrative responsibility in accordance with the law. At the same time, according to Article 2 of this Federal Law, the legislation Russian Federation on limiting tobacco smoking consists of this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.

Some constituent entities of the Russian Federation have adopted legislative acts at their level, which also regulate this issue, however, Supreme Court The Russian Federation established a number of definitions of Art. 6 of the said Federal Law does not include laws and other regulatory legal acts of the constituent entities of the Russian Federation among the legislation on restricting tobacco smoking. Thus, in terms of the ban on smoking in certain places, there is only the Federal Law "On the Restriction of Tobacco Smoking", which in Art. 6 does not provide for a direct ban on smoking in the entrances of residential buildings.

You should refer to the Rules for the use of residential premises (approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25), clause 6 of which establishes that the use of residential premises should be carried out taking into account the observance of the rights and legitimate interests of citizens and neighbors living in residential premises, requirements fire safety, sanitary and hygienic, ecological and other requirements of the legislation.

With regard to fire safety - Smoking is not allowed on the territory and in the premises of warehouses and bases, grain receiving points, trade facilities, extraction, processing and storage of flammable liquids, combustible liquids and combustible gases, production of all types of explosives, explosive and fire hazardous areas, as well as in undesignated for smoking places of other organizations, in preschool and school institutions, in cereal arrays (clause 25 of the fire safety rules).

Sanitary and hygienic requirements - in clause 9.1. "Sanitary and epidemiological requirements for residential buildings and premises. Sanitary rules and regulations. SanPiN 2.1.2.1002-00" (approved by the Chief State sanitary doctor RF 12/15/2000) states that it is not allowed:

- storage and use in residential premises and in public premises located in a residential building, substances and objects that pollute the air;

— performance of work or other actions that are sources of elevated levels noise, vibration, air pollution, or violating the living conditions of citizens in neighboring residential premises.

Thus, smoking in the entrance violates the sanitary and hygienic standards established by paragraph 9.1 of SanPiN 2.1.2.1002-00, which forms the offense under Art. 6.4. "Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport" of the Code of the Russian Federation on administrative offenses dated December 30, 2001 N 195-FZ and entails the imposition administrative fine for citizens in the amount of five hundred to one thousand rubles

Good luck to you!

Elena, this is all true, but the police ignore this issue, if they refuse to bring them to administrative responsibility, I can go to court myself. When I wrote the statement, however, the mistake was that I did not apply for the purpose of collecting a fine and a link to the article, just with a request to take action, many in the police told me: we also smoke in the entrance, so what? Here, in my opinion, it is clear what attitude they have towards me. And yet, in the police they ask to confirm the fact of smoking of these citizens in the entrance, by witnesses, perhaps none, and better, not my friends. Those. it comes to the point of absurdity when I say that I can try to film them on camera, the police say, how do you prove that this happened in your stairwell and that immediately after that, these smoking citizens did not quit smoking in the stairwell.
And smokers also go to the trick, when you shoot them, they turn their backs, it's hard to determine WHAT he is doing there, and WHO he is. They also began to smoke near the door of the common balcony in the entrance (we have one and I’m not opposed, but even FOR them to smoke on it), they seem to have either just left this balcony or are going to go there to smoke , but in fact, they stand near the closed door of this common balcony and continue to smoke in the entrance, because as it stank in the apartment, it stinks, nothing has changed, they just try to simulate the situation in advance, in case of a trial or claims from the police .

What would you advise in this case? Everything is simple with you, with lawyers, but life is much more complicated.

Olga, that is, how - "the police ignore"? Did you write a statement? Was his (statement) accepted? Do you have a registration number?

In case of refusal to initiate a case on an administrative offense, ask (demand) to take reasoned decision to refuse in initiating a case explainingthe procedure for appealing pursuant to the requirements of part 5 of Art. 28.1 KRFoAP.

By the way, how do you position yourself on the issue of smoking? If the "injured" (i.e. harm to health, well, or moral damage - part 1 of article 25.2 of the KRFoAP), then You must be included in the protocol on the offense (part 2 of article 28.2 of the Code of Administrative Offenses) and provide a copy of the decision(Art. 29.11 KRFoAP). Do not forget to ask (require) these actions from the police in the application.

As a reminder, the Prosecutor’s Office of the Russian Federation provides supervision over compliance with the law on the territory of the Russian Federation - you can ask them if the police refusal is legal and if the actions (smoking) of neighbors are legal, by the way.

and a little positive: a law is being prepared in Moscow "on the protection of the population from tobacco smoke", which directly prohibits smoking in the entrances. http://www.duma.mos.ru/cgi-bin/pbl_web?vid=2&osn_id=0&id_rub=2439&news_unom=31776

Thank you so much useful information, take note. Perhaps the police are ignoring my question because in the statement I wrote to free form"please take action". By the way, I wanted to ask if it is really necessary to apply in the application with the wording of bringing to administrative responsibility and a reference to SNiPs and Regulation No. 6, it seems, as the sample is given above? Maybe for this reason they have the right to ignore. I declare that I did not receive any answer, although some who contacted me with the same problem by mail claimed that they received at least a reply. There is no sense from her. The police refers to Law No. 87, in which the entrances are not indicated, which means there is no reason to bring to the admin. resp.

And about the witnesses. In my comments, I explain that I have no evidence, no witnesses. As soon as I try to shoot them on camera, they either leave, or turn away, or pretend that they go beyond the entrance to the common balcony.

That. having applied for one of them, he will claim that he does not do this, for example, after appropriate warnings, he stopped. Although it is not. How to be here?

Can I go to court if I am not the owner of the apartment, but am permanently registered in it?

Thank you if you answer.

> The police refer to Law No. 87, in which the entrances are not indicated

Indeed, the "Smoking Law" does not say anything about entrances. So, do not refer to this law. After all, it’s not smoking itself (the process) that worries you, but its consequences - smoke, smell? And the fact that neighbors do not take into account your opinion? Hence, these arguments must be given. In the application, write that the citizen violates sanitary requirements SanPiN and harms your health. To the objection of the policeman "smoking in the entrance is not prohibited by law" answer that "yes, I'm not against smoking! But here to spoil the air and worsen my living conditions is forbidden".

Solution

You can write a statement to the police, as Elena recommends.

As well as the Federal Service for Supervision of Consumer Rights Protection and Human Welfare and its territorial bodies are considering this violation.

To do this, you go to them, write a statement. In the name of the head of the service, from whom (your data) you indicate and describe everything as it is, and ask to bring a specific person to responsibility.

Solution

So write, such and such citizens, "in such and such an entrance, in such and such a house they smoke (write who, where and when smoked). Smoking in the entrance violates the sanitary and hygienic standards established by paragraph 9.1 of SanPiN 2.1.2.1002-00, which forms the composition offense under Article 6.4 "Violation of the sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport" of the Code of Administrative Offenses of the Russian Federation of December 30, 2001 N 195-FZ and entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles. I ask you to bring these citizens to administrative responsibility. "

Elena, please comment on whether it is correct to refer to part 9. SanPiN, which describes the requirements for the content living quarters? Do the elevator hall and the inter-apartment staircase in an apartment building belong to residential premises?

Thanks in advance!

Hello,

1. At the time of the answer (in February 2010), the indicated SanPin was in force and if we talk specifically about it, then despite the fact that the section is called "Requirements for residential premises", it is in this section that the rules regarding and common property(there are, for example, such norms as paragraph 4 - "littering, pollution and flooding P basements and technical undergrounds, flights of stairs and cages, attics, other common areas "). Thus, even if you read paragraph 9.1 in isolation from our problem, the reference to it, from my point of view, is justified.

2. Proposal to refer to clause 9.1. It was proposed by me precisely in connection with the fact that the smoke from smoking cigarettes interferes not with those who are in common areas, but with those who are in their apartments (residential premises).

3. the imposition of punishment in connection with the violation of the provisions of clause 9.1 - a well-established, absolutely unambiguous and everywhere the same practice in cases of punishing smokers in entrances.

4. As I already wrote, the specified SanPin was valid in 2010. For the second year now, this SanPin has not been valid, instead there is SanPiN 2.1.2.2645-10, in which there is the same clause 9.1 (word for word as the previous SanPin), so now it is necessary to refer to it.

Good luck to you!

Today this is a problem for many people. I would like to raise it in the media. Dear author, if you are ready to comment on this situation "on camera", please write an answer. (you can keep incognito). Fellow lawyers. I would like to hear from you too. If you agree to an interview, write. Thank you!

I would be happy to give comments even for the media, even on camera, even under my own name - whatever, if only to somehow move the solution of my problem off the ground. And in my case, the problem is twofold, and it is complicated by some other circumstances, because sometimes it is not even entirely clear who to bring to justice. The fact is that a young man lives on my site (fifth floor), he has actually been living alone for a couple of years, from the age of sixteen. His parents are divorced - his father lives in Khotkovo with his new wife, and his mother lives in the country with her boyfriend. Naturally, a crowd of local youth reached out to a teenager living alone in an apartment. Regularly, young people gather under the door of my apartment, sometimes up to 10 people: they just chat, drink beer and naturally smoke. Of course, the smell goes into the apartment, I save myself only by opening the toilet door so that the smoke is pulled out at least a little. To requests to at least not smoke during these gatherings, they answer: "But we don't give a damn." The young man himself, the owner of the apartment, is always extremely polite, but apparently he is not able to influence his guests. But all this is mere trifles compared to the fact that three months ago a homeless person settled on the site, once a resident of our village, a heavy drinker and a degraded person. He lives by asking for food from the inhabitants of the village and feeding him, he earns on alcohol mainly by working as a loader in a nearby store. It took me a lot of trouble to get him not to smoke outside my door, although I don't think anything stops him in my absence. But besides tobacco, you can imagine the smell spreading along the entrance ... From all the other entrances of the house and neighboring houses (in one of which, by the way, his own father lives), he is kicked out. And in our entrance on the fifth floor, besides me, there is only the above-described boy, and on the other hand, a former classmate of this homeless man, who naturally does not raise his hand to kick him out, despite the protests of his wife. What can I do? I am completely alone with this problem - an impossible stench, dirt (because of this new tenant, the entrance was not washed for several months), I have to step over his body after another hangover, listen to grumbling in my address, they say "movement, like in the subway "and" everyone, they say, you can smoke in the entrance, but I can't.

To smoke or not to smoke - everyone decides for himself this question in individually. Although everyone knows about the dangers of this habit, there are no fewer adherents of cigarette smoke. But if own health is a personal question harmful effect smoking on others is already an offense. Indeed, as a result of such an action, negative changes occur in the cardiovascular and respiratory system. Passive smoking can provoke the growth of tumors, cause an attack of angina pectoris and asthma, has a bad effect on the development child's body. In addition, if a person smokes in a public place, he, thereby, lays a negative model of behavior among minor witnesses of the situation.

In order to protect non-smoking citizens at the legislative level, an anti-tobacco law was adopted in the Russian Federation. This ordinance clearly regulates the issue of smoking in in public places. In order not to face the problem of punishment under this law, it is necessary to know its basic prescriptions.

Punishment for smoking in public places according to the legislative framework

The anti-tobacco law numbered stating the inadmissibility of smoking in a public place was adopted in 2013 and entered into force in 2014.

The main goals of its adoption were:

• Protecting non-smokers, including children, from passive smoking
• Prevention bad habit
• Reducing the number of tobacco users

The law spells out places where smoking is allowed, and defines those areas where smoking can lead to administrative liability. This document contains a scale of fines established for various situations associated with smoking.

Control over the implementation of the anti-tobacco law is entrusted to representatives of law enforcement agencies. Separate requirements, according to the new law, apply to trade workers. Fines have been established for the sale of tobacco products to persons under the age of majority. It is forbidden to place trade facilities that sell cigarettes near educational institutions. Cigarette advertising is also banned.

Penalty by adopted law can be issued not only to smokers themselves, but also to those institutions in which such violations are found, such as the absence of signs stating that smoking is prohibited in this place, and special smoking rooms.

According to the anti-smoking law, smoking is prohibited:

• In cafes and restaurants;
• at stops;
• In shops;
• Near children's institutions and on children's playgrounds;
• In hospitals, polyclinics, sanatoriums;
• In public transport;
• in stadiums;
• At cultural events;
• In hotels and inns;
• At petrol stations;
• in the workplace;
• At stations and platforms;
• On the beach;
• In the airport;
• In the entrance and elevator;
• Any public space.

At certain sites listed in the list, smoking is allowed in specially designated areas with a special sign - "Smoking Area".

It is allowed to smoke in your own house and apartment, as well as in a car. Smoking is also allowed in deserted places.

Smoking in the hallway

In order to answer the question of how to wean neighbors from smoking in the stairwell, it is necessary to study all the intricacies of the legislation on this issue.

By law, smoking in the entrance is prohibited. This rule does not apply only to electronic cigarettes. smoke regular tobacco products It is possible only by measuring 15 meters from the entrance.

It is possible, as an acceptable option, to equip a special smoking room at the entrance, but this will require a collective application and the consent of half of the total tenants.

The decision on this issue is made at the general house meeting and recorded. Anyone can initiate such a meeting. To do this, it is enough to post announcements on advertising boards at the entrances about the date, time and purpose of the meeting, indicating the name of the organizer of the event and his contact details.

If the meeting decides positive decision to create a smoking room, then for these purposes you will need a room with reliable insulation and ventilation.

On the landing

Smoking on the landing is also classified as a prohibited activity, according to established legislation RF. Why? For the same reason, this area, like the entrance, belongs to public places.

In addition, a violation of sanitary and hygienic standards may cause claims from non-smoking residents in this case.

In order to wean a neighbor from smoking on the landing, when filing a complaint with the district police officer or housing department, the emphasis (among other things) is on clogging the floor with matches, cigarette butts, and the presence of a tobacco smell.

Can you smoke on the balcony

Smoking on the balcony own apartment under the anti-tobacco law is allowed if the accommodation is not rented or corporate.

It is forbidden to smoke on public balconies, in hotels and sanatoriums.

A claim from neighbors can only arise if a smoker throws cigarette butts down from the balcony, or acrid smoke enters their apartments.

Where to complain

With a complaint about smoking neighbors, you should contact the housing department or the local police. Evidence of this fact must first be prepared. These include:

1. Photo and video recording of the fact of smoking. This method has its own nuances - photography should be done with the permission of the smoker, and the place of what is happening should be clearly visible in the picture.
2. Testimony of neighbors.

This evidence can be ignored if smoking man was on the balcony of his own house or near the window of his apartment.

In any case, the complaint must be recorded. The district police officer draws up an administrative act, then a case is initiated, and a decision is made on the need for punishment.

In case of refusal to initiate administrative proceedings against the offender, you can apply for a review of the case to the prosecutor's office.

Application for smoking neighbors to the district police officer, sample

Complaining about smoking neighbors follows some rules for presenting a complaint.

In a statement that is addressed to the district police, it is necessary to describe in detail the problem - where does the neighbor smoke, how does it bother you, about his reaction to the comments.

Next, you need to indicate your passport details, full name, address of residence, and also pay attention to the presence chronic diseases from the applicant, if any, or report minor children who are exposed to the harmful effects of tobacco smoke.

You can use the testimony of neighbors and make a collective complaint.

The style of the statement should be formal, the facts are stated in a short form without emotional comments. The demanding tone of the application document is not allowed.

It should briefly describe the actions of the applicant in this situation - verbal remarks to the smoker, hanging signs in the entrance about the prohibition of smoking. Then it is indicated in what condition, in connection with the neighbor's smoking, the health of others and their personal belongings are (they are saturated with the smell of smoke).

At the end of the statement contains a request to look into this situation and take necessary measures. At the bottom of the application sheet is the signature of the applicant and the date of writing.

⇒ Application can be downloaded. ⇐

When filling out an application, you can refer to the current articles of the law - 6.24 of the Code of Administrative Offenses of the Russian Federation and article 12 of the Federal Law under No. 15.

Liability and fines

According to Art. 6.24 of the Code of Administrative Offenses, smoking in a public place can be punished in the form of a fine in the following amount:

• Smoking in an ordinary public place - from 500 to 1500 rubles.
• On the territory adjacent to the playground - from 2000 to 3000 rubles.
• Advertising of tobacco products - from 1000 to 2000 rubles.
• Sale of cigarettes to minors - from 3,000 to 5,000 rubles. - for the seller, and up to 50,000 - for the manager of the outlet
• Contributing parents to the development of bad habits in children - from 2000 to 3000 rubles.
• Parents pay for smoking a minor in a public place - from 500 rubles. up to 1500 rub.
• The absence of a sign in a public institution about the prohibition of smoking - about 20,000 rubles.

The offense report is drawn up by a representative of law enforcement agencies. An oral reprimand may be issued, but more often than not, the fine is issued on the spot.

An appeal is possible within 10 consecutive days.

It is submitted to higher authorities or to the district court. In this case, reasoned evidence of innocence must be provided.

In general, fines are a very effective tool with which you can wean a person to stop committing such minor violations, such as smoking in public places.

Smoking can be detrimental not only to health, but also to the budget. In order to prevent this from happening, one should carefully consider the existing legislation.

Propaganda healthy lifestyle life in Russia is close to many citizens: the absence of bad habits has become popular, and sometimes even fashionable, even among young people. The ban on smoking in public places and institutions is quite strictly observed, which cannot be said about apartment buildings. Where to go if neighbors smoke in the stairwell, what measures can be taken against them and how effective are they? We will tell in this article.

Where you can't smoke

Back in 2013, a law was passed protecting citizens from the harm of passive smoking. Thus, the law "On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption" contains a ban on smoking:

• within the territory of educational institutions, kindergartens;
• in theaters, cinemas, entertainment centers;
• in sports palaces, sports schools, stadiums, swimming pools, etc.;
• in hospitals, clinics, medical posts, sanatoriums and boarding houses;
• on public transport intended for the transport of people (i.e. on buses, trains, aircraft, ships);
• at a distance closer than 15 meters from the entrance to railway stations, airports;
• in hotels, mini-hotels;
• in shops, markets, shopping centers;
• in cafes, restaurants, banquet halls;
• in public institutions for any purpose of activity;
• in offices;
• on the territory of gas stations;
• on beaches, playgrounds, etc.

Heavy smokers may be assigned a smoking area by order of the owner of the premises or the head of an organization, institution, etc. It may be part of the territory fresh air, as well as a specially equipped ventilated room in the building.

A special sign should be provided in places of prohibition - we all often see it, it is a smoking cigarette crossed out with a red line.

The list of no-smoking places is not exhaustive, as federal law allows each individual county to set its own rules prohibiting smoking in certain places not listed.

Thus, the regional law of Voronezh contains a ban on smoking at public mass events, in underground and surface passages. In Belgorod, the authorities adopted a law on additional restrictions on smoking in parking lots, as well as at a distance of less than 15 meters from shops, cafes, and restaurants. In the Ivanovo region, it is forbidden to smoke at public stops not only of urban transport, but also of rural, suburban, as well as in parks, squares, and embankments.

In apartment buildings, smoking is prohibited in all common areas, including elevators.

Responsibility for smoking

Some neighbors who smoke in the entrance are not even aware that there is liability for violating the law establishing a ban on smoking in public places, which includes the landing.

Thus, article 6.24 of the Code of Administrative Offenses of the Russian Federation regulates the imposition of an administrative penalty in the form of fine from 500 to 1500 rubles. Such a sanction awaits those and violators who smoke in institutions, organizations, restaurants, hospitals, schools, etc.

The legislator separately provided for a more serious punishment for smokers in playgrounds: for such citizens, the amount of the fine is from 2000 to 3000 rubles.

Note that there is no limit on the number of fines per day. It is believed that a smoker can be prosecuted as many times as he violates federal law, that is, how many times smoking in a prohibited place is recorded.

In the spring of 2017 in State Duma The Russian Federation submitted a bill to supplement Article 6.24 of the Code of Administrative Offenses of the Russian Federation. Thus, the authors of the bill propose, along with smoking tobacco in public places, to provide for a ban on smoking electronic smoking products and hookahs. Indeed, smoking of the so-called electronic cigarettes, which are no less harmful to others, is widespread.

In addition, there were cases when electronic cigarette narcotic and psychotropic substances were pumped in for the purpose of consumption under the guise of ordinary "electronics". In this regard, the said draft law provides for a separate note on the responsibility for the use of narcotic drugs using hookahs, electric cigarettes, etc. The authors propose to address the responsibility of such persons to the relevant chapters of the Criminal or Administrative Codes.

You can use the administrative norms of federal law only against citizens who are already 16 years old. Here the general rule of age applies, from which liability arises under the Code of Administrative Offenses of the Russian Federation.

It turns out that it is impossible to deal with smoking teenage neighbors? This is far from true. It is necessary to proceed in the same way as in cases where a minor commits a crime, but has not yet reached the age of criminal liability(14 or 16 years old). In such situations, you need to contact the police with a statement where the age of the offender will be noted, after which the material will be transferred to the PDN department, whose employees will check not only the behavior of the teenager himself, but also his family. If there are grounds, both the minor and his entire family (if the facts of improper control and education by the parents are established) can be put on special account.

The procedure for bringing to responsibility for smoking in the entrance

So, what to do if the neighbors smoke in the stairwell? To begin with, it is imperative to use all methods of peaceful resolution of the problem. If you have small children, and the smoke from the entrance constantly penetrates into the apartment, in such cases even heavy smokers meet halfway and stop violating the ban on smoking in the entrance.

If there are too many smokers and there is a problem of this kind in every entrance and on almost every floor, it makes sense to discuss the option of equipping a special smoking room with several ventilation ducts. In practice, such decisions are rarely made, but they do exist and, I must say, this is a pretty good way to prevent conflicts.

Many homeowners associations, management companies place colorful posters, stickers in the entrances, with a detailed explanation of the legislation, with the amount of possible fines, etc., in the hope that such preventive measures stop smokers. It is safe to say that such a legal method of dealing with smokers cannot be considered effective. In most cases, the text of the poster is read only once, ignoring the posted information in the following days.

When all peaceful methods of solving problems are used, but there is no result, you need to contact the police. The landing belongs to public places, which means that the protocol is drawn up by the police.

Thus, when you notice a smoker on the site, you should call the police. Of course, we understand that by the time law enforcement officers arrive, no one will be at the entrance, but evidence of an offense may remain:

1. smoke in the entrance and the absence of other apartments on the site, except for yours (as an applicant) and the smoker (as an offender);
2. the results of video and photography - if you managed to film the smoker, so to speak, in the process. The ideal evidence is considered to be video material obtained as a result of viewing a video camera installed in the entrance. Now many residents decide at a general meeting to install a video camera in order to increase the level of security. Therefore, the provision of such objective evidence as a video recording of a surveillance camera installed with the consent of the majority of residents in the entrance is very good evidence;
3. testimonies of witnesses - perhaps someone, like you, saw a smoker in the entrance and is ready to confirm this fact.

If there is absolutely no evidence, but this is not the first time you have called the police on a similar fact of smoking by the same citizen, the policeman can simply wait a bit when the offender again enters the site with a cigarette to catch him on the spot. In any case, if you urgently apply to law enforcement agencies, action will be taken. Turning to the police as many times as necessary, you should not think that you are too annoying to the duty unit - this is the usual work of law enforcement agencies, and by joint efforts you can wean the neighbors from smoking in the stairwell.

As with any contact with the police department, you will need to file a statement:

To the police department No. 3 of the Ministry of Internal Affairs of Russia
by city trip Murom
(you can immediately write the full name of the district police officer, if this information is known to you. In any case, the application will be submitted for consideration to the district police officer, but if you immediately designate as the addressee executive, the check will start faster)
Nazarov A.G., residing at:
6th Kirpichny passage, 3, apt. 34, Murom
Tel. 8923000000
(indicating the home address is mandatory, since it will be necessary to determine which district police station serves the territory)

STATEMENT

(It is possible to list the measures that have been taken.)

We dealt with collective letter both to A.V. Vankov himself and to his relatives with a request to influence his behavior. I also drafted an appeal to the chairman of the HOA, so that he would provide information posters every floor of our house. None of the measures taken by us with our neighbors brought positive result because Vankov A.The. continues to smoke cigarettes in our entrance.

(Write what kind of inconvenience you have to endure because of your neighbor's behavior.)

My wife and I have Small child, which is categorically contraindicated to breathe cigarette smoke, since doctors have diagnosed - initial stage asthma.

I ask you to take the necessary measures and hold A.V. Vankov accountable.

(Write what you have in terms of evidence and when exactly the offense occurred. If there is a pattern of behavior that violates tobacco control laws, you can look into it. Still, try to include the time and date when your neighbor again smoked at the entrance - this is necessary to draw up an administrative protocol, which should describe the specific circumstances: event, place, time of the act.)

So, Vankov A.V. allowed smoking on the landing between the 3rd and 4th floors of entrance No. 2 of the above house:

01/01/2017 at 14:30, at 15:30, at 16:30, at 17:30, at 18:30, at 19:30. These facts can be confirmed by Ilyasova P.R., who lives in apt. 33, building 3, 6th Kirpichny passage, Murom; I enclose photos of Vankov A.G. with a cigarette in his hands, on the photo there is a mark on the date and time of shooting;

01/02/2017 at 10:45, at 11:55, at 17:30, at 20:45. These facts can be confirmed by Petrov A.K., who lives in the quarter. 31 d. 3, st. 6th Brick passage, Murom; I enclose photos of Vankov A.V. with a cigarette in hand, each photo is marked with the date and time of shooting.

Based on the above, guided by art. 12 of the Federal Law "On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption", Art. 6.24 of the Code of Administrative Offenses of the Russian Federation,

Initiate administrative proceedings in accordance with Part 1 of Art. 6.24 of the Code of Administrative Offenses of the Russian Federation in relation to Andrey Vladimirovich Vankov for each fact of smoking in a public place that I cited, that is, at entrance 2, building 3 on 6th Kirpichny Proezd Street, Murom.

Bring him to administrative responsibility by assigning the maximum fine for each fact of violation of anti-tobacco legislation.

Appendix: 10 photos.

Date: 01/03/2017, signed.
Nazarov A.G.

The more detailed the application is, the sooner a decision will be made on it. The district police officer is obliged to interrogate not only the applicant and the violator, but also those who are indicated in the application as potential witnesses.

Of course, it is not always possible to take photos or videos - perhaps the smoker will notice the shooting process and begin to make a fuss. At the same time, the law on the prohibition of intrusion into privacy in such cases, not on the side of smokers, since the actions of the applicant are lawful, aimed at complying with the law and preventing offenses in public places.

After repeated prosecutions, if smokers do not completely rule out smoking breaks in the stairwell, they at least reduce their number. Some get used to the ban and smoke only on the street or at home.

If the neighbors smoke in their apartment

By general rule, bringing to any responsibility a smoker smoking in his own home, the legislation does not provide. It is always necessary to consider the possibility of applying legal rules in each specific situation:

Neighbors smoking in the toilet

Because of this, in houses old building(and sometimes in new apartment buildings) the smell can start right in the apartment of non-smokers. So, if the ventilation system covers several apartments at once, cigarette smoke it may well appear in the bathroom of the neighbors, and the reason for this is smoking in the toilet of another apartment.

In some cases, the ventilation system is clogged with debris, its length is insufficient to provide traction, and there are other reasons for the appearance of smoke from neighbors.

Because the there are no grounds for liability for smoking on private property, it is worth thinking about the technical elimination of smoke.

Decree of the Government of the Russian Federation No. 410 established that the condition of the ventilation ducts must be checked at least once every 3 years, and this responsibility lies with the HOA or the Criminal Code, depending on the chosen method of managing the house. Therefore, you need to write an application to the HOA / UK to check the ventilation of the whole house and eliminate debris, dust, etc., ensuring proper air distribution. The ideal option would be a collective statement from all non-smoking residents. If you ignore the letter, you can appeal the actions of the Criminal Code or the chairman of the HOA to the prosecutor's office, to the housing inspectorate, to Rospotrebnadzor or to the court.

If it is not possible to eliminate ventilation deficiencies by attracting the attention of the HOA or the Criminal Code, you can install a ventilation grill with a check valve. Many residents equip the bathroom ventilation duct with a fan that turns on at the same time as the light.

The violation of the prohibition of smoking in the toilet of a communal apartment deserves special attention - the norms of Art. 6.24 of the Code of Administrative Offenses of the Russian Federation, since the communal bathroom fits the concept of a common place.

Neighbors are smoking on the balcony, but the smoke goes straight to your apartment

Often, parents of small children complain about such smokers, whose children's room is located directly under / above the window or balcony of the smoking neighbor. Sometimes the problem of tobacco smoke is added to the problem of getting ash or cigarette butts on the balcony, which the cigarette lover carelessly throws.

It follows from the norms of housing legislation that a balcony slab does not belong to the tenant's property, but balconies cannot be recognized as common property either. That's why arbitrage practice goes along the path of belonging of balcony meters to the owner of the apartment to which they are adjacent. It follows from this that a smoker on a balcony cannot be held liable because he does not smoke in a public place.

However, there are the following options for resolving the problem:

• contact the owners of the apartment if they rent out housing. Explain how you are suffering and forced to bring up this problematic issue, because you have a certain disease, can not stand smoke, and your linen is spoiled by constant ash falling on it, etc. These conversations usually lead to desired result- none of the landlords wants to raise the issue of paying taxes on profits, the legality of registering residents, etc.;
• if no persuasion helps and you (or your family members) have been diagnosed with a secondhand smoke ban, you can apply to the court for compensation for the harm caused to health. So, if a child suffers from asthma, allergies or bronchitis, if there is evidence (video materials on the fact of smoking), it will not be difficult to prove in court that the smoker harmed the child by recovering a certain amount. Let the size of the payment not be large, but for the smoker even this fact will be extremely unpleasant, affecting his further behavior;
• it is possible to make repairs, including the installation of insulating materials latest generation, filters and cleaning equipment. One can imagine how costly it will be, but for the sake of the absence of the smell of cigarettes in the life of the family, many still decide on such changes, since this is how the urgent problem is solved once and for all.

Legislative news: November 2017

The Ministry of Health of Russia has developed a new anti-tobacco program, which is aimed at reducing the number of smokers in Russia. So, in the near future it is proposed to consider a bill on the ban on smoking under the threat of administrative liability in such places as:

• communal apartments;
• in cars (both in own and owned by individuals, organizations, etc.);
• at bus stops public transport(no closer than 3 meters), as well as at the entrances to shopping and entertainment centers;
• in pedestrian crossings;
• in the presence of children.

Please note that smoking is allowed in these areas. A separate item of the program raises the question of a ban on smoking hookahs in public institutions.

The program of the Ministry of Health includes other measures aimed at combating bad habits. It is common knowledge that cigarettes are noticeably more expensive in Europe than in Russia, partly due to the high cost of excises on tobacco products. At present, the tariff rate of excises in our country is just over 40 rubles per pack, while in European countries it exceeds 110 rubles. The Ministry of Health of the Russian Federation considers it necessary to increase the amount of excises to a level not lower than European ones - this is how the department plans to get rid of the bad habit of the most economical smokers. The changes are planned to be introduced by 2022.

You used to go into the bathroom in the morning, and there it smells not at all of the freshness of soap and shampoos, but of cigarettes. Because the tenants downstairs smoke right in the toilet, and through the ventilation everything draws to your apartment. It was with such neighbors in one of the houses on Gaiva that Anna Sivtseva was unlucky.

Not allowed in the hallway

At first, two young men who had come from small town to the regional capital to earn money, they equipped a “smoking room” right at the entrance. Almost every half an hour they went out onto the stairs and “tarred”. Tobacco smoke was carried along with drafts into the apartments of the residents. In the end, Anna's patience ran out.

She tried to ask young people not to smoke in the entrance, but faced ridicule and complete disregard for her requests. Then Anna called 02 and called the district police officer.

According to the law, smoking in entrances in Russia is prohibited. This is subject to a fine of up to 1500 rubles.

The district police officer visited the smokers, and for a while they stopped "tarrying" in the stairwell. However, soon the five-minute cigarette sessions on the landing resumed. To all Anna’s reproaches and statements that she would hand over smokers to the police, the young people only grinned and threw shortly: “But you won’t prove it!”

Then the district police officer advised Anna by phone to take a picture of what was happening on the phone, so that it would be easier to draw up a protocol on an administrative offense.
So Anna did, soon sending a whole photo gallery with street smokers to the police. The district police officer issued a fine to young people - Anna did not even need to write a statement for this.

What happens if you do not pay a fine for smoking in the wrong place?

For this it is provided:

A similar appeal can be made to the prosecutor's office in your area.

Of course, you will have to spend a lot of time to overcome the impudent neighbors, because formally they do not violate anything, except for your home comfort. And the violation of sanitary and hygienic standards still needs to be proven - employees of the Center for Hygiene and Epidemiology can fix this by taking air samples in your apartment for exceeding harmful substances(they will be able to come to you upon application to Rospotrebnadzor). The difficulty lies in the fact that by the time the specialists arrive at your place, the smoke may have already disappeared.

If smoke from neighbors pulls through the ventilation to your apartment, this violates your constitutional rights. After all, the Constitution of the Russian Federation states that the exercise of the rights and freedoms of a person and a citizen should not violate the rights and freedoms of other persons (part 3 of article 17).

The Housing Code of the Russian Federation provides that when using their housing, people must respect the rights and legitimate interests of their neighbors. This applies to fire safety requirements, sanitary and hygienic, environmental and other legal requirements. To help you, Federal Law No. 52-FZ “On the sanitary and epidemiological well-being of the population”, which says that citizens are obliged not to take actions that entail a violation of the rights of other citizens to health protection and a favorable living environment.
Let the district police officer (and you should achieve this) become a frequent guest of your smoker neighbors. And this measure, in the end, should affect them.

By the way, the regional police note that they try not to fine smokers at the entrances, but limit themselves to warnings. However, at the beginning of this year in the Oktyabrsky district there was a case when a woman was fined 500 rubles for smoking in wrong place, but she continued to break the law, for which the court sentenced her to four days of arrest.

Semenova Svetlana Andreevna

Assistant lawyer for disputes with neighbors. Legal conflict resolution, consultations and services for working with various bodies(complaints, claims, lawsuits)

Articles written

A non-smoker often tries to avoid cigarette smoke. It harms the body of a passive smoker and causes inconvenience with its pungent odor. But neighbors do not always think about others and smoke right at the entrance. What to do in this case, disgruntled neighbors who are forced to inhale harmful smoke? They have the right to fight this armed law.

Law on smoking in public places

According to Federal Law 15 of February 23, 2013, smoking is prohibited in public places. For this, a fine is provided in accordance with the severity of the violation, and the smoker in this case bears administrative responsibility. These places also include entrances, landings, elevators and other public places in apartment buildings. This can happen if there are problems with ventilation in the smoker's apartment.

AT communal apartment smoke can easily seep to neighbors from anywhere. If a person wants to smoke in areas common to tenants, he should better coordinate this with all neighbors. After all, such places are also considered public and in the future proceedings may arise due to conflicts with neighbors. A fine for smoking in a private or communal apartment is issued only after litigation.

REFERENCE. Even if a person smokes in his apartment, the smoke can get to the neighbors. If it causes them inconvenience, the smoker should be held responsible.

How to deal with smokers in the entrance?

As always, there are two ways to resolve the conflict: peacefully and through law enforcement agencies.

Peace settlement

If you are concerned constant smell smoke from your smoking neighbor, try peaceful ways to resolve this situation.

Let's consider some of them:

1. Remind your neighbor of the statutory smoking ban and the amount of the fine for violating it by hanging a prominent sign in the entryway. This can hold the smoker accountable for their actions.

REFERENCE. The fine for smoking in a public place is from 500 to 1500 rubles, for repeated smoking - 2500 rubles + 1000 rubles for relapse.

1. Spend peaceful conversation Or leave a note for your neighbor. Let him know that he brings you inconvenience and ask him to compromise. You can come up with an alternative solution together so that it suits both.

Permitted smoking areas

The law prohibits smoking near playgrounds, territories of educational and medical institutions. If such establishments are located near the entrance, smoking is also prohibited in such a place.

IMPORTANT. If you move away from the prohibited area for smoking at least 15 meters, smoking will no longer be considered a violation.

But peaceful ways to resolve the conflict are good if smoking neighbor does not violate your agreements.

Application to the police

If no conversations with a neighbor and signs about the size of the fine for smoking help, write a statement to the district police officer.

Before that, you need to collect evidence of violations of the smoking law. It is best to provide a recording from video cameras in the entrance or the testimony of two witnesses. If you take a video or photo with your phone, it will be harder to prove where it was taken.

Your complaint must be dealt with no more than 30 days later. Otherwise, you have the right to sue law enforcement inaction.

Courts

Going to court- this is effective method, which should be resorted to after other ways to solve the problem. In court, you will need to provide evidence that you have tried other methods.

According to Article 9 of the Federal Law "On protecting the health of citizens from exposure to second hand tobacco smoke and the consequences of tobacco consumption", citizens have the right not to experience health consequences due to inhalation of tobacco smoke.

To resolve the conflict through the court, you will need as many different types of evidence as possible:

1. If the victim requires compensation for damage caused to his health by tobacco smoke, certificates from medical institution where the citizen was treated.
2. Evidence that the neighbor really smokes in the entrance in the form of photographs, video filming or eyewitness testimony.
3. Evidence of measures taken to combat smoking.

If more than one person in your stairwell is dissatisfied with the neighbor's smoking, it is worth holding general meeting, on which tenants will sign an agreement with the refusal to smoke in the entrance. Moreover, at least half of the residents of this entrance must be present at the meeting. This document can then be used in court to prove that a smoking cessation measure has been taken.

Thanks to such a weighty evidence base, the victim is more likely to win the lawsuit.

According to the court decision, the neighbor is forced to bear administrative responsibility, and sometimes reimburse the costs of the plaintiff's treatment and even compensate for moral damage.

Management Company

Cigarette smoke can enter apartments due to improper operation of the ventilation system.

To check the operation of ventilation, you must contact the management company.

To do this, you make an application to writing in duplicate. A mark on the application “accepted” will be proof that you filed a formal appeal with the Criminal Code. Your appeal will be more effective if it is submitted on behalf of several residents of your entrance.

Prosecutor's office, housing inspection, Rospotrebnadzor

If the previous authorities ignored your application, write a complaint to the prosecutor's office, housing inspection or Rospotrebnadzor about the inaction of the Criminal Code. You can also file an application with the prosecutor's office to appeal against the refusal of the police to bring the smoker to administrative responsibility or against the inaction of the police.

How to make a complaint about a smoking neighbor?

A complaint is a statement addressed to the district local department police.

In your complaint, you must describe the following in as much detail as possible:

• all the ways to deal with a smoker that you have already taken
• discomfort you experience with a smoker
• evidence of violation of the law on smoking
• the time during which the violation occurs

Based on the information from your application, a protocol on an administrative offense is drawn up.

It is important to describe these points in the complaint in as much detail as possible, since this will affect the speed of the district police officer making a decision on your complaint. The solution may be to draw up a protocol, or a reasoned refusal.

The application must be made in two copies and it is obligatory to indicate in it information about the violators and your own contact information. Anonymous applications are not accepted by the police.

Where to contact and complain if the neighbors smoke a hookah with grass in the stairwell?

Weed is a drug leading to addiction, mental decline and personality degradation. Smoking marijuana, hemp and other derivatives, as well as their possession and sale is punishable by law.

You can rely on several laws:

If your neighbors smoke weed in the entrance, you must write a statement or call the authorized bodies responsible for combating drug addiction.

Where can you apply?

1. Police.
2. Drug control.
3. Office federal service for drug control.
4. Rospotrebnadzor.
5. Prosecutor's office.

Neighbors downstairs smoke in the toilet and apartment - how to wean?

If a neighbor smokes in his apartment, he has the right to do so. But if smoke enters neighboring apartments, it harms passive smokers.

What to do?

What to do if neighbors complain about the smell of cigarettes?

If you smoke in your apartment, and the neighbors are worried about the smell of smoke, then you should take care of installing a high-quality ventilation system (multi-stage or with filtration) and tightly close windows and doors. Effective problem solving will help to avoid serious conflicts in the future.

If the smell of tobacco smoke has become an inconvenience for neighbors, this is an infringement of their rights and a threat to their health. They can apply to the police, the courts, the management company, as well as the prosecutor's office, housing inspection and Rospotrebnadzor. Smokers should be held accountable for using tobacco in public places and when cigarette smoke bothers other people.