How to punish a smoker according to the Law

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

The article gives practical recommendations on how to punish a smoker for smoking in the wrong place, acting in accordance with the Law. In addition, smokers will be able to find out where from June 1, 2013 they can and cannot smoke and what fines await them for violating the law.

There are over 44 million smokers in Russia (almost 40% of the adult population). The state decided to fight these horrific figures - on June 1, 2013, the basic part of the so-called anti-tobacco law came into force.

At the same time, according to the Garant legal system, 67% of people do not believe that the law will work. Nihilism is a feature of the legal consciousness of our citizens. But unbelief is the fruit of misunderstanding.

This article is for those who do not smoke and those who do not part with a cigarette. The first will get acquainted with the main provisions of the anti-tobacco law, their rights and the legal way to protect them. The latter will warn themselves against illegal actions and protect themselves from unreasonable attacks of “fighters against smokers”.

Smoking is harmful to health

This Soviet slogan is the moral and ethical context of the Federal Law No. 15 "On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption", adopted on February 13, 2013 and entered into force (in the basic part) on June 1 of the same year.

But one should not think that before that the state encouraged tobacco smoking. Bans on smoking in some public places were also in Federal Law No. 87 "On Restricting Tobacco Smoking" of July 10, 2001 (some of its provisions will remain in effect until the new law comes into force completely).

The fundamental difference between these acts is the presence and, accordingly, the absence of administrative responsibility. If the 2001 law contained only formal prohibitions (smoking is bad, ata-ta!), Then the new anti-tobacco law provides real punishment.

Its development began in the summer of 2011, and already at this stage, it caused a colossal public outcry. Parliamentarians, journalists and ordinary citizens argued hoarsely whether an anti-tobacco law was needed in Russia. In a country where a cigarette is not a pernicious habit, but an "invitation to talk", an occasion for acquaintance and, in the end, a "source of inspiration."

It is not surprising that, after the adoption, it was decided to introduce the law gradually. As already mentioned, on June 1, 2013, the basic part came into force - a ban on selling cigarettes near schools, selling them to minors, a ban on smoking in educational, health, sports, cultural institutions, in elevators, at train stations and in other public places.

On June 1, 2014, the list of "non-smoking" objects will expand - cafes, restaurants, markets, as well as long-distance trains will be added.

On January 1, 2017, new regulations will come into force regarding the illicit trade in tobacco products and tobacco products.

According to experts, after the full implementation of the law, the average cost of 1 pack of cigarettes will reach 5 euros in ruble terms (about 225 rubles). Excise taxes will go to the federal budget, where a new line of expenditures will appear - “to combat smoking”.

Another significant date associated with this law is November 15, 2013. On this day, amendments to the Code of Administrative Offenses (and some other regulatory legal acts) entered into force, which launched the mechanism real responsibility.

However, first things first. To begin with, let's consider the main provisions of FZ-15.

The Ministry of Health warns …

In Europe, anti-smoking laws are old and normal. Europeans are used to strict smoking bans.

The Federal Law "On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption" was adopted in accordance with the WHO Framework Convention on Tobacco Control, ratified by Russia in 2008.

The legislator has been repeatedly accused of conniving the West and divorcing the law from Russian reality. The greatest discontent was caused by the controversy and evaluativeness of some concepts used in the text of the document.

Thus, a ban on smoking in playgrounds has been introduced, but not a single regulatory legal act defines what there is a “playground” (a fully equipped and fenced area or just a swing near the house?). It's the same with the beaches. In the legislation, only the definition of medicinal beaches is found, but what about urban or private water-sandy recreation areas?

However, article 2 of the new anti-tobacco law provides some definitions. For example, what is “tobacco smoking”, “tobacco sponsorship”, “surrounding tobacco smoke” and others.

Ambient tobacco smoke - tobacco smoke contained in the atmospheric air of a place where tobacco has been or has been previously smoked, including tobacco smoke exhaled by a person who smokes tobacco.

In an effort to protect citizens from the harmful effects of ambient tobacco smoke, the legislator endows them with the following rights(article 9):

• right to a favorable Wednesdaylife activity no tobacco smoke;
• the right to medical care aimed at tobacco addiction treatment;
• the right to be informed about tobacco control;
• right to public controltobacco control;
• the right to make proposals on tobacco control;
• and right to compensationcaused to life or health, as well as property, as a result of violation by other individuals and legal entities of anti-tobacco legislation.

Wherein citizens are obliged (article 9):

• comply with anti-tobacco laws;
• to form a negative attitude towards smoking in children;
• do not violate the right of fellow citizens to a smoke-free environment (do not smoke in public places).

Basic provisions of the law

1. Prohibition of smoking in public places

One of the principles of the rule of law states: everything is allowed that is not prohibited by law. Under the new anti-smoking law, smoking is allowed only at home, in a private car, on the street (not everywhere!) And in designated areas.

No smoking:

• in schools, colleges, universities;
• in hospitals, clinics;
• in sports facilities;
• in cultural institutions;
• on all types of public transport;
• at stops;
• at railway stations, airports, sea and river ports (as well as at a distance of 15 meters from the entrance to them);
• in elevators and common areas (stairwells, basements, attics);
• on the beaches;
• at gas stations.

For a complete list of non-smoking facilities, see Article 11.

To designate territories, buildings and objects where tobacco smoking is prohibited, a smoking prohibition sign is respectively placed.

2. Ban on the sale of cigarettes in kiosks

It will be possible to buy cigarettes only in shops or trade pavilions with a sales area.

At the same time, cigarettes will be removed from the windows, since “retail trade in tobacco products with display and demonstration is prohibited” (Article 19). Instead, stores will have lists of assortment of tobacco products, where the name and price are written in black and white. No pictures.

The smoker is expected to read this list and ask the seller for the correct cigarettes.

3. Ban on tobacco advertising

Introduces a complete ban on advertising, promotion and sponsorship of tobacco products, as well as a complete ban on displaying tobacco products and the smoking process intended for children and adolescents.

Cigarettes must not be handed out and played as part of advertising campaigns and promotions. You cannot hold events where tobacco products are used as prizes.

But the most heated debate was caused by Part 2 of Article 16, which prohibits the promotion of tobacco smoking in works of art (oh, this "immoral" Wolf from "Well, wait!").

4. Prohibition of tobacco consumption by minors

Trade in cigarettes near educational institutions is prohibited. You cannot sell cigarettes individually. It is forbidden to sell cigarettes to minors. You can not "treat" children to cigarettes and introduce them to smoking.

Anti-smoker algorithm

So, the new anti-smoking law gives non-smoking citizens a wide range of rights, but not everyone knows how to implement them in practice.

It is unclear how to proceed when a person smokes at the bus stop: call the police and grab the offender by the hand? Also, hardly anyone will contact a random fellow traveler on the train.

It is most likely that citizens who violate the law systematically will be brought to justice.

So, if your neighbor smokes on the landing and poisons you with tobacco smoke:

1. Warn him about responsibility, ask him to stop illegal actions, or place an appropriate announcement. At the same time, do not be unfounded - give extracts and the law indicating the measures of responsibility.
2. If you cannot “smoke the pipe of peace” and your neighbor continues to break the law, contact the law enforcement agencies. Specifically - to the district. Write a statement. Please provide evidence (testimony, photos and videos). The district police officer must conduct an administrative investigation and draw up a protocol.

If the police officer refuses to accept the application, contact the prosecutor's office.

Smile! A hidden camera is filming you

How to prove that a neighbor smokes on the site? The district police officer will not be on duty at the entrance to catch the offender by the hand.

The law is just starting to operate, and the police are already admitting that their personnel and organizational resources are not enough to (at least) record all cases of smoking in the wrong places. The keepers of order appeal to the civic consciousness of the population.

This is where another legal dilemma arises, associated with the new anti-tobacco law.

On the one hand, photographing and filming is hardly the only way to prove a violation of the law. Moreover, audio, video and photographic materials are included in cases of road traffic accidents or hooliganism and are considered by the courts as material evidence.

In addition, the staircase is a common area for residents of an apartment building, and not private property. Filming and photographing in public places is not prohibited by law.

On the other hand, Article 23 of the Russian Constitution establishes the inviolability of private life, which is protected by Article 137 of the Criminal Code. There is also article 152.1 of the Civil Code - “Protection of the image of a citizen”.

These norms are referred to by human rights activists, who consider filming a smoker from under the floor illegal.

"But what about the surveillance cameras that are now found on every corner?" - you ask. In the places where the shooting is taking place, signs warning about this are installed (at least should be installed), therefore, the citizen gives tacit consent to the shooting - human rights defenders parry.

Thus, the question of whether it is possible to film smokers with a camera or mobile phone remains controversial. Most likely, photo and video materials will be used. However, remember that if, filming a neighbor through the keyhole, a conversation containing his personal or family secret gets on the recording, you yourself may be held accountable.

A responsibility

By the way, about her. Article 23 of the Law "On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption" provides for three types of liability for violation of anti-tobacco legislation:

1. Disciplinary.
2. Civil law.
3. Administrative.

Disciplinary responsibility is applied to the employee in accordance with Chapter 30 of the Labor Code of the Russian Federation. At the same time, the prohibition of smoking in the workplace should be established in the local acts of the organization.

Civil liability is provided for in terms of compensation for harm caused to the life or health of a citizen due to failure to ensure his rights to a favorable living environment without ambient tobacco smoke and to protect his health from the effects of second hand tobacco smoke and the consequences of tobacco consumption.

Administrative responsibility consists in the imposition of fines in the following amounts:

• from 1000 to 2000 rubles(for parents from 2,000 to 3,000 rubles) - involvement of a minor in the process of tobacco consumption (Article 6.23 of the Administrative Code of the Russian Federation);
• from 500 to 1500 rubles- smoking in the wrong place (part 1 of article 6.24 of the Code of Administrative Offenses of the Russian Federation);
• from 2000 to 3000 rubles- smoking on the playground (part 2 of article 6.24 of the Code of Administrative Offenses of the Russian Federation).

At the same time, disputes in society do not fade away about whether the punishment is enough for smokers to think and give up their addiction.

What do you think about this? And in general, in your opinion, will the new anti-tobacco law be effective?

Write your opinion in the comments.