How to punish a smoker. Part 2. Where else is it forbidden to smoke

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

On June 1, 2014, new provisions of the anti-tobacco law come into effect. Now, smoking is prohibited not only in elevators, playgrounds and other public places, but also in bars, restaurants, long-distance trains. In this article, you will find practical advice on how to fight smokers and help this law work.

A year ago, on June 1, 2013, the basic part of Federal Law No. 15 "On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption" came into force. In short - the anti-tobacco law. Lifehacker spoke in detail about this act.

The article said that the law assumes a phased implementation, that is, prohibitions and restrictions are introduced gradually. June 1, 2014 - the next stage. Today we will tell you where you shouldn't smoke yet, as well as who and how to punish for smoking in cafes and restaurants.

The list has expanded

As a reminder, for a year now in Russia there has been a ban on smoking in public places (in schools, hospitals, cultural institutions, elevators, playgrounds, stadiums, etc.), as well as on the sale of cigarettes near educational institutions and on the sale of tobacco products. minors.

On June 1, 2014, the list of places where smoking is prohibited expands. Now you can not smoke either (Article 12 of the Federal Law No. 15):

• on long-distance trains;
• on ships on long voyage;
• in premises intended for the provision of housing and hotel services, as well as services for the temporary accommodation of citizens (hotels, hostels, etc.);
• in premises intended for the provision of consumer services;
• in trade premises, including markets;
• in premises intended for the provision of catering services (cafes, bars, restaurants, etc.);
• on passenger platforms used for pick-up / drop-off of passengers in commuter traffic.

In addition, bans on the sale of tobacco products in kiosks and their open display come into force (Article 19 of the Federal Law No. 15). Starting from the first day of summer, it will be impossible to buy cigarettes in the nearest stall - only in shops and trade pavilions with a sales area. (The exception is rural areas, where there can be one kiosk for the whole village.)

But in stores, not everything is simple. Cigarettes will be removed from the shop windows, from the pre-checkout area. Instead, lists of assortment of tobacco products will appear. The buyer will have to ask to show him this list and select the desired product.

We do not smoke

Among the newly introduced “no smoking” facilities, the most debated are cafes, bars, restaurants and other catering establishments.

The smokers are indignant: “We have already been driven into the“non-smoking halls”! How are we stopping you? " The fighters for a smoke-free environment retort: "We want to eat steak and feel the taste of meat, not the smell of cigarettes!"

The anti-tobacco law takes the side of the latter. According to its standards, smoking can be done exclusively in specially designated areas in the open air or in isolated rooms that are equipped with ventilation systems.

Requirements for the allocation and equipment of special places in the open air for smoking tobacco, for the allocation and equipment of isolated rooms for smoking tobacco are established by the federal executive body. Part 3 of Article 12.

In other words, "smoking rooms" are becoming a thing of the past. The smoking area must comply with the requirements of the anti-smoking legislation. True, these specific requirements have not yet been worked out. There are only a few scattered SNiPs and SanPins.

But in March last year, the Ministry of Health published draft documents regulating the equipment of smoking areas. So, in an isolated room, for example, in a cafe, such a place must meet the following requirements:

• the presence of a tightly closing door that prevents the penetration of smoke into the common room, on which a sign "Smoking area" should be placed on both sides;
• the presence of a supply and exhaust ventilation system with mechanical induction, which removes smoke and prevents its penetration into adjacent rooms;
• the presence of a fire extinguisher;
• the presence of ashtrays and artificial lighting;
• the presence of posters about the dangers of tobacco.

If a cafe or restaurant does not have such a room or an outdoor area is not equipped (there are also special requirements for it), then a priori it is prohibited to smoke in such an establishment.

How to stop smoking in cafes and restaurants

According to VTsIOM, 68% of Russians surveyed recognize the right of service workers to a smoke-free workplace. But 21% of respondents believe that customers of restaurants and bars have the right to "good rest" and should not give up the habit of smoking a cigarette or two.

There is a conflict of interest. In the previous material, Lifehacker gave anti-smoker algorithm … But in the case of smoking in bars and restaurants, the question arises: who is to be prosecuted - the smoker or the establishment? How do you do it?

The anti-tobacco law (Article 10) obliges individual entrepreneurs and legal entities to:

monitor compliance with the legislation in the field of protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption in the territories and premises used to carry out their activities.

In other words, the owners of gastronomic establishments must ensure that the law is not violated in their cafes and restaurants.

What if you come to a cafe and see visitors smoking? It is necessary to call the administrator and draw his attention to the violation of the law. He, in turn, is obliged to ask the smoker to stop illegal actions and / or, if necessary, call the police.

If the cafe management ignored your complaint or you observe systematic violations of anti-tobacco legislation in this establishment, you should contact Rospotrebnadzor with a request to bring the owner to administrative responsibility.

Will the smoker be punished? Yes, if you write a statement to the law enforcement agencies and can prove that a particular person smoked in the wrong place. Photo and video materials are accepted as evidence. But remember: the question of their admissibility remains controversial.

Case tobacco

Article 23 of the anti-tobacco law provides for three types of liability - disciplinary, civil and administrative.

Obviously, administrative fines are the most common type of punishment that violators face and will face.

We have prepared a table for you that clearly demonstrates what the violation of the Law "On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption" is fraught with.

Violation	Article	Responsible person	Punishment
Involvement of minors in tobacco use	Article 6.23 of the Administrative Code	A) outsiders B) parents / guardians	A) 1000-2000 p. B) 2000-3000 p.
Smoking in a public place	Article 6.24, part 1 of the Administrative Code	citizen	500-1500 p.
Smoking in the playground	Article 6.24, part 2 of the Administrative Code	citizen	2000-3000 p.
Absence or incorrect placement of a special sign on the territory, building and facility where smoking is prohibited	Article 6.25, part 1 of the Administrative Code	A) officials B) legal entities	A) 10,000-20,000 p. B) 30,000-60,000 p.
Non-compliance with the requirements for the equipment of the smoking area	Article 6.25, part 2 of the Administrative Code	A) officials B) legal entities	A) 20,000-30,000 p. B) 50,000-80000 r.
Failure to comply with the obligation to monitor compliance with the anti-tobacco law	Article 6.25, part 3 of the Administrative Code	A) individual entrepreneurs B) legal entities	A) 30,000-40,000 p. B) 60,000-90000 r.

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One can endlessly argue about the uselessness of the described measures and the "leakiness" of the law. But first it is worth remembering that, according to experts, 43 million 900 thousand people smoke in Russia - about 40% of the population. At the same time, from 330,000 to 550,000 people die annually from diseases associated with tobacco smoking.