Fine for smoking in the wrong place. Fine for smoking in a public place or entrance. Amount of fine

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:

1. Territories of schools and other educational organizations of any form of ownership.
2. Territories of hospitals and other healthcare institutions.
3. Trains and long-distance water vessels.
4. Airplanes, public transport (municipal and commercial), including metro, trains, international/intercity buses, etc.
5. Hotels, hotels and other premises where temporary accommodation of residents is carried out.
6. Any shops, canteens, restaurants and cafes, markets, including mobile (mobile) shopping facilities.
7. Any type of social services.
8. Any government agencies, local authorities.
9. Any office buildings, workshops and other work premises.
10. Elevators, staircases, etc.
11. Playgrounds for children, beaches (within established boundaries).
12. Platforms for passengers, aprons and other areas where boarding of vehicles takes place.
13. 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:

1. Individual pays from 500 rub to 1500 rub in general.
2. 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:

• lack of special smoking areas and appropriate signs;
• lack of equipment for ventilation and smoke extraction from such premises;
• failure to comply with the requirements for a sign indicating a smoking ban.

In these cases, the fines are as follows:

1. In case of violation of the requirements for the sign

1. In case of violation of the requirements for the allocation of special zones and their equipment.

1. In case of violation of duties, monitor the legislation on the prohibition of smoking.

Today the most important, necessary, and controversial issues in this legislation will be discussed.

Where can you not smoke in Russia?

In the Russian Federation, the legal status of smoking and smokers changed dramatically in 2013. If until this moment smoking was not prohibited almost anywhere (there were small bans at the local level, but certainly not at the federal level), now many zones are banned. Until 2013, a smoker himself could determine where he could smoke and where it was better not to do so - this was a kind of free moral choice of a person. Today, the state is responsible for choosing a place to smoke.

Here is a complete list of areas where smoking is prohibited:

1. Children's playgrounds, areas near kindergartens and schools. This limitation is quite natural and understandable - you should not damage children’s lungs with passive smoking. However, even before the adoption of the law, most smokers had enough prudence not to smoke near children. Now smoking near children's institutions is not just unsightly behavior, but also an offense for which a fine is imposed.
2. At the entrance to public buildings. Public buildings include shopping centers, malls, shopping and entertainment complexes, office buildings, shops, and so on. According to the law, if you smoke closer than 15 meters from the entrance to the building, you are subject to administrative liability for smoking in public places and you are required to pay a fine.
3. Short- and long-distance trains, airplanes, sea and river vessels. Previously, these areas were only partially free from smoking - smokers, for example, went out into the vestibule on trains. Now the ban is imposed on the entire premises. In fact, the owner company has the right to create a smoking room in a particular area of ​​a train, plane, or ship, but most carriers are in no hurry to take advantage of this opportunity. However, when traveling in business class, the likelihood of finding a smoking room on board is quite high.
4. Bus and tram stops. Many people committed the sin of smoking while waiting for their transport. Now this has become unrealistic - only if you move a few meters away from the stop. From the point of view of non-smokers, this is a very useful innovation. Not everyone likes to breathe in someone else's tobacco smoke while waiting for transport.
5. Common areas in apartment buildings. These include elevators, staircases, basements, attics, vestibules and “pockets” - in short, everything that does not belong to the apartment. However, by gathering a council of residents and obtaining permission from most of the neighbors, you can organize a smoking room.

Punishment for smoking in public places

The punishment for this offense is regulated by the Code of Administrative Offenses of the Russian Federation. The fine on average ranges from 500 to 3000 rubles. The size of the fine for smoking in public places depends on where exactly you broke the law, with whom you did it and other aggravating or mitigating circumstances. In the usual case, the punishment for smoking in public places is an administrative fine in the amount of 500 to 1,500 rubles at the discretion of the law enforcement officer. However, there are a number of special conditions that can significantly change the amount of the payment.

Attracting minors

The harmful habit of smoking among minors is a very common problem. Many stores, especially small stalls and pavilions, freely sell cigarettes, cigarettes, and tobacco to children under 18 years of age. And many adults, out of their own irresponsibility, agree to buy a pack of cigarettes with their children’s money. Some even actively promote smoking among the younger generation.

Previously, there was no fine for attracting minors and involving them in smoking, but now the new law provides for such a fine. The man, who:

1. Bought cigarettes for minors;
2. He treated minors to cigarettes;
3. He introduced them to the addiction;
4. Promoted smoking among minors;

Pays a fine in the amount of 1000 to 2000 rubles. At the same time, he will also be forced to pay a fine for smoking in the wrong place. Thus, if an adult citizen smoked at the entrance to a public building and at the same time treated a minor to a cigarette, then the fine will range from 1,500 to 3,500 thousand rubles.

A special point is relationship with a minor. If you are a parent or close relative of a minor who was treated to a cigarette, then the amount of the additional fine increases to rubles. What fine for smoking in the wrong place awaits a negligent parent? From 500 to 1,500 rubles for the offense itself, plus rubles for bringing your child, for a total of 2,500 to 4,500 rubles.

Smoking near a child care facility

Passive smoking is a huge obstacle to the healthy development of a child's body. That is why the legislation focuses on prohibiting smoking near children's playgrounds and institutions: kindergartens, schools, preparatory institutions, as well as on playgrounds.

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What is the fine for smoking in a public place full of children? It has been increased to rubles. The level of responsibility does not change - it is still an administrative offense.

You should not expect that while no one is around, you can safely smoke. Almost all children's institutions today are equipped with surveillance cameras. There is a high probability that the guard who is watching them will notice the person smoking and at least reprimand you.

Other tobacco-related fines

In addition to public places where smoking is prohibited, legislation also regulates other issues related to cigarettes. One of these issues is the retail sale of tobacco.

Cigarette price

The main goal of anti-tobacco legislation is to reduce interest in tobacco products among the population. To achieve this, various measures are being taken, including fines. In addition to such punishment, the government decided to increase product prices in order to stimulate falling demand.

Tobacco products, as you know, are subject to excise tax. This is a tax that is included in the price of the product - so the buyer pays it. The excise tax is controlled by the state. To raise the cost of a product, the state only needs to increase the excise tax - and the average price of any pack of cigarettes will instantly increase.

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However, the seller could lower the price in his store in order to attract buyers. The law also took care of this - now the cost of one pack cannot be set higher or lower than a certain norm, which is prescribed by law. If this rule is violated, the seller must pay a large fine.

Prohibition signs

Workplaces are by default smoke-free areas (according to modern legislation). One of the responsibilities of management in this situation is to monitor compliance with this law, as well as to notify all employees about the innovation. To do this, it is necessary to place prohibition signs that inform citizens that smoking is prohibited in this room. By the way, the employer has the right to organize a smoking room, but then it must be provided with a permit sign.

Owners of shopping centers, malls, shopping and entertainment complexes are also required to provide the walls of the building next to the door with a prohibitory sign. Otherwise, they are forced to pay a fine of hundreds of rubles.

If you smoke, then you simply need to know the legal basis for smoking in Russia. For simple ignorance of new legislation, you can receive a large fine and lose a significant amount. Carefully follow innovations in legislation, and then you will protect yourself from paying fines.

As usual, legislators write laws in such a way that the average person also has to think about how to interpret them correctly. For example, it is prohibited to smoke at public transport stops, but how much, may I ask, should you move away in order not to fall under sanctions: 5 meters, 10 or more? Further, you cannot “smoke” in the entrances, however, with the consent of the residents, it is supposedly possible. And where is the mechanism for obtaining consent written out? What kind of document should be in your pocket, what is it called?

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What is the punishment for smoking in public places in Russia?

Smoking is the most common bad habit that has a negative impact on the health of citizens. To smoke or not is a purely individual choice, but the law prohibits poisoning others with tobacco smoke. As you know, passive smokers suffer even more than those who are addicted to consuming tobacco products. To protect those who prefer a healthy lifestyle, protect minor children and reduce the number of smokers, an anti-tobacco law was introduced in the Russian Federation.

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The Code of Administrative Offenses also provides for liability for smoking in public places. It contains a list of territories, areas and premises where smoking is prohibited. Separate articles establish liability for violation of existing rules. Persons who violate the anti-tobacco law and the Code of Administrative Offenses will not be sent to prison, but they will face a large fine. We recommend that you carefully read where you can and cannot smoke in order to know how much you will have to spend on paying fines for consuming tobacco products in public places in 2018 and how to avoid liability and protect your rights.

What does the anti-tobacco law of the Russian Federation say?

The so-called anti-tobacco law (No. 15-FZ) was adopted in 2013, but entered into legal force in 2014. It is aimed at reducing the number of smokers and actively combating smoking propaganda. Representatives of the law enforcement system are called upon to monitor compliance with the anti-tobacco law. They organize systematic raids, draw up reports on smoking in public places, and issue fines.

In parallel with the adoption of the anti-tobacco law in the Russian Federation, measures aimed at banning the sale of cigarettes and tobacco products were intensified. For selling tobacco to minors, retail outlet owners are subject to large fines and other, more severe penalties. The new rules state that points for the sale of tobacco products cannot be installed closer than 100 meters from educational institutions. Another tool to combat smoking in Russia is the ban on advertising of tobacco and cigarettes.

As part of the anti-tobacco law, traders were forced to re-equip cigarette sales points. Now sales can only be carried out through premises with a sales floor. Rising prices for tobacco and increasing the cost of excise taxes were also introduced in order to combat smoking in Russia. The law obliged the owners of establishments to install signs prohibiting smoking and to equip special premises for smokers. For neglecting these rules, a fine awaits not only the person who smokes in the wrong place, but also the owner of the establishment. Government policy against smoking provides assistance to those who seek to get rid of addiction.

Where you can and cannot smoke

Today everyone knows that smoking in public places is prohibited by law, but few know what exactly is meant by such places. Smoking will be regarded as an illegal act when a person does it where a crowd of people is observed, in public places. Therefore, you should not smoke:

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• at public transport stops;
• on children's playgrounds;
• on the territory of medical institutions;
• in shops;
• on buses, trains, trains;
• on landings, in elevators;
• in cafes, restaurants, hotels;
• at a gas station;
• on the beach, etc.

Smoking tobacco products in public places, despite the ban, will entail administrative liability. However, punishment can be avoided if you smoke in specially equipped areas and premises. The law allows smoking cigarettes in your own car or apartment. Smokers will not be fined for consuming tobacco products in the entrance of an apartment building if it is equipped with a special hood. You can smoke near the entrance to the metro or airport, but the distance to the door to the room should be less than 15 meters.

Always pay attention to warning signs in public places. Violation of the rules may result in a fine and other unpleasant legal consequences. Smoking is allowed at work, but management must provide a special room for this. The so-called smoking rooms are equipped with exhaust equipment, and smokers are provided with a 15-minute technological break.

Administrative responsibility

The Code of Administrative Offenses in Article 6.24 regulates the amount of the fine for smoking and makes its size dependent on a combination of external factors. The sanctions applied may vary significantly:

• for smoking in public places, individuals will face a fine of up to 1,500 rubles;
• if the smoking ban is violated within the playground, the amount will increase to 2-3 thousand rubles;
• for propaganda and sale of cigarettes to teenagers, the penalty amount will be rubles;
• if parents involve their children in the process of smoking, it will cost them rubles.

Representatives of law enforcement agencies are authorized to issue an administrative protocol for smoking cigarettes in the wrong place. A police inspector can detain a lawbreaker and give him a verbal warning. However, the tightening of anti-tobacco regulations has led to the fact that now police officers immediately issue fines for smoking, without agreeing to compromise with smokers in public places.

Supervisory services and the police are authorized to check whether institutions, organizations and enterprises comply with the norms established by law. If a cafe, restaurant or cinema does not have a sign containing a ban on smoking, this will result in penalties. The amount of the penalty for officials will be up to 20 thousand rubles, legal entities will pay three times more. If an institution systematically violates anti-tobacco legislation by allowing visitors to smoke, it may be closed by court decision.

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What happens for evading payment of a fine?

If you have been fined for smoking cigarettes in a public place, it is important to understand what to do in the future so as not to worsen the situation. Having received a copy of the protocol, the person will have 10 days to appeal the document. You need to file a complaint with higher authorities or the court if you do not agree with the decision and refuse to pay the penalty for smoking. To do this, you need to have good reasons and evidence that you are right.

After the expiration of the 10-day period, the person will have 60 days to pay the amount issued as a punishment for smoking. You cannot simply ignore this deadline, otherwise other measures of responsibility will be applied to the citizen. If you do not pay the fine for smoking cigarettes in a place where there is a ban on time, this will result in penalties. The amount of additional sanctions may significantly exceed the amount of the fine itself.

Next, the Federal Bailiff Service will forcibly collect the debt. Initially, the bailiffs will conduct conversations and use oral methods of persuasion. The next step is to withhold the debt from your wages. The FSSP can also seize the debtor’s property.

Sometimes people forget about fines issued. To make sure that you do not have a debt to collect for smoking in an unauthorized place, you can visit the service’s website, enter your personal data and check yourself against the database of enforcement proceedings. If debts are discovered, they can be repaid through online services, which is the most convenient and easiest way to make a payment.

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Article 6.24. Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities

1. Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities, with the exception of cases provided for in Part 2 of this article -

shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand five hundred rubles.

2. Violation of the ban on smoking tobacco on children's playgrounds established by federal law -

shall entail the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles.

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Commentary to Art. 6.24 of the Code of Administrative Offenses of the Russian Federation

1. The object of the offense is public health.

According to Art. 2 of the Federal Law “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” tobacco smoking is the use of tobacco products for the purpose of inhaling smoke arising from their decay.

To prevent the effects of environmental tobacco smoke on human health, tobacco smoking is prohibited:

1) in territories and premises intended for the provision of educational services, services by cultural institutions and institutions of youth affairs bodies, services in the field of physical culture and sports;

2) in territories and premises intended for the provision of medical, rehabilitation and sanatorium-resort services;

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3) on long-distance trains, on ships on long voyages, when providing passenger transportation services;

4) on aircraft, on all types of public transport (public transport) of urban and suburban traffic (including on ships when transporting passengers on intracity and suburban routes), in places in the open air at a distance of less than 15 m from the entrances to premises of railway stations, bus stations, airports, seaports, river ports, metro stations, as well as at metro stations, in the premises of railway stations, bus stations, airports, seaports, river ports, intended for the provision of passenger transportation services;

5) in premises intended for the provision of housing services, hotel services, temporary accommodation services and (or) provision of temporary accommodation;

6) in premises intended for the provision of personal services, trade services, public catering, market premises, and non-stationary retail facilities;

7) in the premises of social services;

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8) in premises occupied by state authorities, local government bodies;

9) at workplaces and in work areas organized on premises;

10) in elevators and common areas of apartment buildings;

11) on playgrounds and within the boundaries of areas occupied by beaches;

12) on passenger platforms used exclusively for boarding and disembarking passengers from trains during their transportation in suburban services;

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13) at gas stations.

Based on the decision of the owner of the property or another person authorized by the owner of the property, smoking tobacco is allowed:

1) in specially designated places in the open air or in isolated rooms that are equipped with ventilation systems and are organized on ships on long voyages when providing services for the transportation of passengers;

2) in specially designated places in the open air or in isolated common areas of apartment buildings that are equipped with ventilation systems.

2. The objective side of Part 1 of the commented article is expressed in the implementation of actions for smoking tobacco in the above-mentioned territories, premises and facilities, with the exception of children's playgrounds, since tobacco smoking in the latter is covered by the objective side of Part 2 of the commented article and entails a more severe administrative penalty.

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3. The subjective side is characterized by an intentional form of guilt: the person is aware of the negative impact of environmental tobacco smoke on human health and wants it or consciously allows it or is indifferent.

4. The subject of the offense is an individual who has reached the age of 16.

5. Cases are considered by internal affairs bodies (police) (in terms of administrative offenses committed in public places) (Article 23.3 of the Administrative Code of the Russian Federation), bodies exercising control and supervision functions in the field of ensuring the sanitary and epidemiological well-being of the population (Article 23.13 of the Administrative Code RF), bodies exercising federal state fire supervision (Article 23.34 of the Code of Administrative Offenses of the Russian Federation), bodies exercising control and supervision functions in the field of transport (under Part 1 of the commented article) (Article 23.36 of the Code of Administrative Offenses of the Russian Federation), bodies exercising state control over the use and safety of the housing stock, regardless of the form of ownership, compliance with the rules for maintaining the common property of premises owners in an apartment building, compliance of residential premises, quality, volume and procedure for the provision of utilities with established requirements (regarding tobacco smoking in elevators and common areas of apartment buildings) (Article 23.55 of the Code of Administrative Offenses of the Russian Federation).

6. Protocols are drawn up by officials of bodies exercising control and supervision functions in the field of healthcare (regarding tobacco smoking in territories and premises intended for the provision of medical, rehabilitation and sanatorium-resort services) (clause 18, part 2, article 28.3 Code of Administrative Offenses of the Russian Federation), as well as officials of bodies authorized to consider these cases of administrative offenses (Part 1 of Article 28.3 of the Code of Administrative Offenses of the Russian Federation).

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What is the fine for smoking in public places in 2017?

As you know, smoking in public places is prohibited in 2017. You may receive an administrative fine for this. This provision is enshrined in the so-called “anti-tobacco law”. In addition, to find out how much of a fine you will have to pay and to clarify for yourself the list of places recognized as public, see Article 12 of the Code of Administrative Offenses. A fine for smoking in public places is imposed in order to combat smoking among the Russian population of different ages. In 2017, a special emphasis is placed on protecting minors from bad habits. This raises the question, where can you still smoke? It is especially interesting for residents of apartment buildings whether the anti-tobacco law and articles of the Code of Administrative Offenses allow smoking on the landing in 2017?

In general, Federal Law 15, which protects citizens from the harmful effects of tobacco products, was adopted in 2013. However, as of the current 2017, not all of its provisions have legal force. Some items will become legal only in 2017. But all articles regarding fines (including fines for smoking in the entrance hall) have already been in force since 2014. In order to avoid responsibility for a bad habit, which not every person can pick up and give up, it is necessary first of all memorize a list of places where you can and cannot smoke. This is exactly what will be discussed in our article. And also, about how much a careless smoker will have to pay in 2017, what the size of the fine is provided for by Russian legislation.

Among other things, visitors to the PravPotrebitel website have the opportunity to receive free advice from experienced lawyers free of charge.

Prohibited areas for smokers

Public places are understood as places where people gather, public areas that are not privately owned. In 2017, it is prohibited to use tobacco products in the following places:

• institutions intended for culture, sports and pastime for the younger generation;
• medical institutions of any kind;
• playgrounds for children to walk;
• organizations whose focus is sanatorium and resort treatment;
• premises owned by social services;
• in public transport (and staff, for example, on an airplane, can smoke);
• in shops, shopping centers, markets, etc.;
• in a restaurant, cafeteria, catering establishments, etc.;
• in hotels, hostels, hotels and other residential premises;
• in the building of administrations, village councils, etc.;
• At work;
• at the entrance;
• in the elevator;
• on the beach (if it is public);
• on the platform for passengers;
• at a gas station.

The provisions of Article 12 of the Code of Administrative Offenses prohibit smoking in a public place, provided that the facility does not provide a special place for this. In 2017, most shopping centers and restaurants will equip smoking rooms. airplanes and trains have designated smoking areas, etc. In specially designated areas you will not have to pay for tobacco smoke abuse. The main thing is to follow the rule about not involving minors in harmful activities.

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Permitted areas for smokers

There are much fewer places where smokers can relax without fear of getting a fine than places where smoking is prohibited. But still they exist. You can smoke:

• in places specially designed for this (we have already mentioned “smoking rooms” above);
• in the entrance, but provided that there is a ventilation hood there;
• in your own car;
• in your own apartment (here you should rely only on your own conscience if children live in the apartment with you);
• on the street;
• near the entrances to the airport, train station, metro, etc., but not coming closer than fifteen meters to the door;
• At work.

Don’t be surprised, you can also smoke at work, but under certain conditions.

It is necessary to equip a special place (for example, in an office there are several people working in the same room, and not all of them may agree to smoke at their desk). It is necessary to obtain the consent of the employer or owner if the premises are rented. At the same time, in any of the permitted places it is necessary to protect teenagers and children and not draw their attention to cigarettes. The distribution of cigarettes among teenagers is especially severely punished. You also need to pay attention to the sign. If you see a sign with a crossed out cigarette, it’s better not to risk it and light a cigarette in the vicinity of it. It is unlikely that a fine can be avoided in such a situation.

How much is the fine in 2017?

Not only citizens who violate this law can be fined for violating the anti-tobacco law. Legal entities also fall under the status of violators. Firstly, a fine can be imposed on managers who are conniving and turn a blind eye to violators who smoke on their territory. Secondly, more serious punishment awaits those enterprises that are involved in the illegal distribution of tobacco products to minors. Not only internal affairs bodies, but also Rospotrebnadzor and fire services have the right to punish legal entities.

What careless business managers and individual smokers should be wary of in 2017:

• 500 – 1500 rub. – those who like to indulge in cigarettes in a public place;
• 2000 – 3000 rub. – smokers in areas intended for children;
• 1000 – 2000 – smoking in company with children under eighteen years of age;
• 2000 – 3000 rub. – parents who smoke in company with their own children (that is, smoking with someone else’s child is still cheaper, but the moral side of an adult’s behavior in both cases is negative);
• 3000 – 5000 rub. will be received by an individual for distributing tobacco products among young people;
• -rub. will receive a legal entity for distributing tobacco products among young people.

It is worth considering that not all fines issued by law enforcement agencies have a legal basis. The common man needs to remember that the fact of an offense must be proven. In this case, video recordings and photographs will not be taken into account in court. If you have problems with law enforcement agencies (or with fire services, or with Rospotrebnadzor) and you do not agree with the issued decision on an administrative offense, you have the opportunity at any time to get a free consultation from experienced lawyers. To do this, you need to fill out the feedback form and wait a bit for the answer to arrive.

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Hello. At a public transport stop, a flower boutique saleswoman brazenly smokes. In response to comments, he becomes rude and says: “Complain about me to the police. There is no smoking law for a long time.” What should I do?

Hello! I take my child to a children's sports school. I constantly see school employees (a security guard, a cleaning lady and some coaches), athletes’ fathers, adult athletes, etc. smoking on the school porch next to the entrance. TIRED. I made comments - they only responded with rudeness! Where to find the government. How far away from the school is smoking allowed?

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Good afternoon. What kind of punishment can be applied to schoolchildren in grades 6-7 who smoke right outside the school fence, directly 2 meters from the entrance, in the presence of elementary school children going to school? Is it possible to impose a fine on the parents of these children, so that others will be discouraged!

Smoking is a very bad habit that leads to addiction and health problems. The government of the Russian Federation is persistently fighting against nicotine lovers, and that is why laws were passed banning smoking in public places. Many have heard about them, but few know all the amendments and fines. In this article we will examine in more detail the laws relating to smokers, as well as the amount of monetary penalties from violators.

About the bill

On February 23, 2013, a law banning smoking in the Russian Federation was adopted. It has the official name No. 15-FZ. It talks about protecting health and the environment from exposure to tobacco smoke. It is worth noting that some clauses of the bill came into force only a year after its immediate adoption. For example, amendments to increase taxes on tobacco products, as well as minimum and maximum prices for cigarettes, came into force only in January 2014.

In July 2014, the law banning smoking in public places in the Russian Federation was improved. Amendments were adopted that relate to the illegal trade in tobacco products. However, they will come into force only next year, 2017.

Objectives of the bill

According to statistics from the Ministry of Health, about half a million citizens of the Russian Federation die annually from cancer and many other serious lung diseases. Many health problems are caused by passive or active smoking. This figure is shocking. It was as a consequence of the growing trend in the number of smokers that the government adopted a bill banning smoking in public places. In their opinion, it should become an impetus for reducing the number of smokers, as well as promoting a healthy lifestyle among the younger generation.

The goals of the bill are, as we said earlier, to reduce the number of smokers, eliminate illegal points of sale of tobacco products, as well as improve the general state of the environment and protect the livelihoods of non-smoking citizens. Despite the goals set, experts believe that the first results of the law will only be seen after at least five years.

Where exactly is smoking prohibited?

The law banning smoking in public places includes a list of areas in which the use of tobacco products is prohibited. Failure to comply with the law entails considerable monetary penalties for violating it. Since June 2013, on the territory of the Russian Federation it is prohibited to smoke closer than 15 meters from all types of train stations, sea, river and air ports, and subways. All other territorial categories are subject to a lesser restriction, which we will talk about now.

Sanatoriums, hospitals, public transport, premises of multi-storey buildings, beaches, playgrounds, educational or cultural institutions - these are places where there is a ban on smoking in public places (law). 5 meters from the premises is the distance at which this norm applies. The violator will be required to pay a fine.

Smoking in an apartment building

Quite often, smokers have the mistaken opinion that smoking in hallways is allowed because it is private property. However, everything is not like that. The entrance is state property, which is considered a public place. We believe that everyone knows that there are exceptions to any decree. The law on smoking in public places of the Russian Federation also has them. Smoking in an apartment building is allowed if it has a separate closed room with good ventilation and it is allowed to be used as a smoking room.

Who monitors compliance with these standards?

To this day, public places in the Russian Federation are being improved and supplemented. Despite the fact that it has existed for three years, not everyone knows who exactly should monitor compliance with the standards specified in it.

The government has not yet created a separate organization that will fine illegal smokers, but has been thinking about it for a long time. While a new structure that will monitor the implementation of the law has not been created, the police are monitoring smokers. State Duma deputy Oleg Nilov believes that, first of all, citizens themselves should monitor the implementation of the law. He advises Russians to immediately contact a police officer if they see someone smoking. Nilov also recommends recording non-compliance with standards on camera. At the moment, out of one hundred percent of violators, only fifteen are punished.

Nilov believes that if more Russian citizens reacted to such violations, the law would be more effective.

Amount of monetary penalties

Three years ago, a law on smoking in public places was passed. The fines were developed only a year later. Oleg Nilov believes that the main thing is not the size of the monetary penalty, but the irreversibility of payment. Let's take a closer look at what fines await violators. For smoking on the playground or near it you will have to pay from two to three thousand rubles. The same amount applies to other territories that are subject to this ban.

Like alcohol, cigarettes are prohibited from being purchased and consumed by persons under the age of majority. A teenager who does not comply with the requirements of the regulatory act will be punished with a fine of three to five thousand rubles. The seller also faces monetary penalties. The amount will be from 30 to 50 thousand rubles.

Few people know, but laws banning smoking in public places also provide penalties for those who introduce a teenager to a bad habit. The amount of such a penalty usually ranges from one to two thousand rubles. If a citizen shows audio or video mentioning tobacco products to a teenager, then he is obliged to pay a fine, which will amount to 20-200 thousand rubles.

According to the government, a law banning smoking in public places is a step towards a modern society. Fines should teach smokers to value not only their own health, but also that of others. Public institutions also come under strict control. If an organization does not fully comply with the recommendations regarding the arrangement, it will be subject to a fine in the amount of 20 to 80 thousand rubles. The local police officer must monitor compliance with the rules and take immediate action in case of any violation.

Opinion of the Prime Minister's Assistant

The Assistant to the Prime Minister of the Russian Federation supported the ban on smoking in public places. Russia, in his opinion, is becoming a truly civilized country that values ​​their health. Onishchenko emphasizes that smoking takes the lives of millions. Laws banning smoking in public places, in his opinion, are the best option in the fight against evil. He believes that it is a slow poison and must be fought uncompromisingly.

Laws on smoking in public places abroad

While Russia is just taking its first steps towards a healthy lifestyle without smoking, in many other countries the struggle has been going on for more than ten years. For example, in America and Great Britain, for using tobacco products in unauthorized places, the violator will be required to pay a fine of one to two thousand dollars.

Smoking laws are particularly carefully controlled in Greece and Japan. There, the fine for a violator can range from three thousand dollars. Surprisingly, in Japan there is a list of streets where smoking is completely prohibited.

Cigarettes from under the counter

Violations of the bill, which will now be discussed, are the most common. Few people know, but Law No. 15-FZ prohibits retail outlets from displaying tobacco products on display. The government recommends keeping cigarettes under the counter and only displaying the price tag for public viewing. There should be no images on it, just the name and price.

Three years later

Laws banning smoking in public places were passed in 2013, but did they bring the benefits to society that the government and non-smokers expected? As we said earlier, statistics will only be available in five years, but nevertheless there are still some changes. Let's talk about them.

Experts believe that it is too early to draw conclusions, but it is worth noting that there are fewer people smoking. The percentage of teenagers who smoke has dropped significantly. If earlier they could be pulled around the corner of the school, now the local police officer carefully monitors this.

Inaccuracy in the bill

Experienced lawyer Timur Bondarev believes that the bill is not drafted entirely correctly. As we remember, the regulation prohibits smoking in restaurants and cafes. However, the interpretation of the room itself is not presented. Therefore, the violation can be easily challenged. In his opinion, the law needs to be finalized so as not to encounter disagreements in the future.

Opinion of citizens of the Russian Federation

Having studied all the reviews, we can conclude that opinions on the adopted law are divided. Most often, non-smoking residents support the innovation, but smokers react differently. Most often they are against such a ban.

Drawing conclusions

Law No. 15-FZ came into force not so long ago, only three years ago. It’s too early to draw global conclusions, but it’s worth recognizing that there are still improvements. Not only the promotion of tobacco products on television stopped, but also their open sale. This has led to a decrease in the number of smokers, including teenagers. Let's hope that this is just the beginning and that the law will benefit society, including the younger generation.

A person decides for himself whether he needs to smoke, but he has no right to disturb others. Smoke from smokers harms visitors to public places where, among others, children and the elderly are present. If medical and financial arguments are not effective, then the state has to take on a supervisory function. Parliament developed and adopted a law banning smoking in public places; violation is punishable by fines. The new rules came into force in 2014 and provide for various administrative measures.

Information about the new law can be obtained at a legal consultation, where a specialist will familiarize the interested person with the provisions of the new legal framework. It is not recommended to study the new law on your own, since it has just come into force, has many significant amendments and is quite contradictory. If you find yourself in a conflict situation, try to get legal services from our website employees before you begin to independently protect your interests.

You can use the most effective and efficient method, online consultation, without leaving your home, at a convenient time and from anywhere in the country. Our assistance at the consultation stage does not require payment; a lawyer will help you understand the situation and give recommendations on how to proceed with the case. It is enough to make a call to the specified numbers or leave a message in the designated window, after which a prompt response from an expert will follow. New laws recently introduced into public practice often allow for different interpretations.

That is why legal practice and the ability to apply legislation to a specific case are most in demand.

Practical recommendations will allow you to reduce the imposed administrative penalty and carry out pre-trial and judicial resolution of the conflict. Without the support of a specialist, it is impossible to optimally defend your point of view and improve your legal literacy.

The law adopted and entered into force allows us to protect others from the smoke screen, make cities cleaner and help smokers get rid of their bad habit. A difficult psychological period when a person decides to quit smoking is easier to endure and adapt to if restrictions and prohibitions appear in public places. No one is anymore confused by signs with a crossed out cigarette that appear at every step, non-smoking cafes and other crowded places.

A similar practice exists in many developed countries; the rules have become a habit, including due to significant fines. Examples of public places where smoking is prohibited include: are:

• train stations, bus stations, airports;
• enterprises and organizations where there are no designated smoking areas;
• cultural leisure centers;
• hotel complexes;
• children's and medical organizations;
• means of transport: trains, buses or planes.

The limit for smokers is a 15 meter zone around public buildings and prohibited places on the street. Without fear of punishment, you can indulge in destructive passion only behind the closed doors of your own apartment. But if a citizen disturbs neighbors, to whom smoke enters through balcony partitions, then they can write a corresponding statement to the district police officer.

Catering establishments are equipped with hoods in specially designated areas or separate rooms for smokers. To open such sites, you will need to obtain permission from the sanitary and epidemiological inspection, fire and environmental services. All innovations will be communicated to the user, who will warn against possible mistakes that lead to punishment.

On the street, police officers can file a claim for a cigarette by stopping a pedestrian and explaining to him the errors of behavior. Controlling and supervisory authorities punish entrepreneurs and legal entities if the legislative requirements are not followed when inspecting establishments.

The severity of an administrative offense depends on several circumstances, the totality of which is reflected in the amount of the fine. In addition to direct users of tobacco products, sanctions are applied to the trade of tobacco products if violations are present. Currently relevant are the following measures:

• 500-1500 rub. - smoking in a public place;
• 2000-3000 rub. - appearing with a cigarette on playgrounds;
• 1000-2000 rub. - sale and promotion of tobacco among minors;
• 2000-3000 rub. - punishment for parents who allow their children to smoke in their presence and who buy them cigarettes.

If the guilt of a person is established, the police officer draws up a protocol on the presence of an offense, which is the starting point for imposing a penalty. A citizen who disagrees with the actions of law enforcement agencies has the right to refuse to sign the protocol if he believes that he has not committed a violation. In such a situation, during the judicial hearing of the case, it will be necessary to substantiate your position and provide compelling arguments.

The violator is given 10 days to pay the fine, otherwise judicial and enforcement proceedings will arise. There are no restrictions on the number of penalties; the protocol can be drawn up an unlimited number of times.

There is no need to aggravate the conflict situation, since penalties and fines for unpaid collections will exceed the fine several times.

Law enforcement and regulatory authorities can make claims not only against smokers. For example, it is the responsibility of the administration of enterprises and institutions to equip smoking areas and equip other premises with prohibition signs. Officials who fail to comply with the new resolutions are fined 10-20 thousand rubles, legal entities are subject to a penalty of 30-60 thousand rubles.

In case of systematic violations and failure to comply with received orders, the enterprise may be closed for a period established by the court. It will be possible to start the activity again after paying for material resources and following the instructions of regulatory organizations. At the same time, management receives a fine, which in size is the maximum penalty.

For example, violation of the law regarding the ban on the sale of cigarettes to minors will allow 3-5 thousand rubles to be recovered from the direct seller, the owner of the outlet will be fined 150 thousand rubles.

The ban on promoting tobacco smoking applies to all media. Showing smokers on screen can lead to a fine of up to 200 thousand rubles for film producers. In addition to monetary penalties, it is possible that the film will be removed from screening and other measures will be taken to restrict the activities of the creators.

After drawing up the protocol, the citizen is given 10 days to appeal the essence of the case in court. Then the court makes a decision, the responsibility of the offender is to pay the funds within 60 days. If after a total of 70 days the debt is not repaid voluntarily, then the executive system, that is, the FSSP, comes into play. Bailiffs have a lot of leverage over the draft dodger.

If the culprit works and receives earnings on the card, then debt obligations of up to 50% of monthly income may be forcibly withheld. Lack of official employment will lead to debt collection through seizure of the debtor's movable and immovable property. After receiving a notification from the bailiffs, you can voluntarily close the problem within 5 days.

We should not forget that the debt is subject to a penalty of 0.5% for each day of delay and FSSP costs of the total amount within 7%. Smoking in an unauthorized place may result in you being banned from traveling, since information about debts is sent to customs, regardless of the reason for the violation. If you wish, you can look at possible debts on the official FSSP portal, where the request is made by last name and personal information.

You can pay your debt immediately using any payment system.

There are often cases when a citizen does not agree with the contents of the protocol and acts as a defendant in court proceedings. To prove your innocence, you will need to provide factual information. Our website’s lawyers will provide undeniable support in legal disputes. The outcome of the process largely depends on how competently procedural documents are drawn up, appeals are filed on time and what evidence base is presented.

Quite often, the basis for termination of prosecution is an incorrectly drawn up protocol at the scene of the violation. A lawyer with practical experience in handling such cases will be able to understand the errors. During the online consultation, the user will learn what to pay attention to first in order to avoid significant penalties. If, in case of late payment, the penalty significantly exceeds the original amount, then it makes sense to petition the court to reduce the accrual.

If the amounts required to be paid are significant, it is possible to ask the court for installment payments. It will be necessary to provide convincing reasons for such a statement by the defendant, that is, the perpetrator. An experienced professional who thoroughly understands the issue of penalties can competently substantiate the client’s position.

What are the penalties for smoking in the wrong place?

Fines for smoking in public places imposed by the Government of the Russian Federation, concerned about the harm that smokers can cause to non-smokers. In 2013, a bill was passed imposing sanctions in the form of fines and promoting bad habits.
Federal Law No. 15 came into force in June 2014, and its task was a planned reduction in the number of cigarette users in the country.

The size of the fine for non-compliance with this legal act depends on several factors:

• where the offender was detained;
• norms were violated by a legal entity, individual or official;
• are there specially designated smoking areas near the place of detention;
• whether persons under the age of majority were involved in the process of nicotine use.

It is important where the illegal act was committed:

1. The citizen smoked in a place prohibited by law. A representative of executive bodies has the right to give a warning if the fact of the act was recorded for the first time, or issue a fine from 500 to 1,500 rubles. The written protocol is administrative.
2. Smoking on children's or playgrounds, as well as in places where children gather, can cost a smoker up to 3,000 rubles.
3. Separately, the offender will be fined up to 2,000 rubles if he involved a minor in the process of consuming cigarettes, bought him a pack of cigarettes, or promoted him.
4. The parents of a teenager for acts committed in the third paragraph may be fined up to 3,000 rubles.

In addition, in addition to the authorities themselves, citizens can complain about a heavy smoker, it all depends on how much harm he constantly causes by smoking in the wrong place. The amount of the fine in the situation under consideration will be up to one and a half thousand rubles if the victims write a statement to the police and the guilt of the person breaking the law is revealed.

Video materials and witness statements will be considered evidence of guilt. In addition, if an unlawful act of this nature is committed by an individual for the first time, and as a result of it no harm was caused to a large number of persons or minors, the executive may, at his discretion, limit himself to a verbal warning and removal of the citizen from a public place.

Test for smokers

How much is it and how is it paid?

Provided that the administrative protocol has been completed, it must be paid immediately.

You can do this in two ways:

1. According to the details, for which you need to go to any branch of Sberbank. In the machine that accepts payments, the details of the protocol, the passport details of the person who violated the law are entered, and the amount of money specified in the protocol is paid.
2. Through Sberbank online. Savings bank cardholders who have a personal account do not have to leave home to pay the fine. Just find the “payment of fines” tab, go through it, fill in the required fields, check with the protocol and pay. In this case, the amount will be debited from the bank card within a certain period of time, and the collection will be considered closed.

If the offender, for one reason or another, is not sure whether penalties have been imposed on him under this paragraph, he can check this on the state website. services.

To carry out this operation, you must:

• register on the site by filling out the empty fields with your last name, first name and patronymic, personal email address and phone number;
• go to the website of the bailiff service;
• find a page that provides information about the presence of enforcement proceedings;
• submit the appropriate application online to the bailiff service, which must be executed by the judicial authorities within 17 days.

It is necessary to take into account that bailiffs have a number of reasons for refusing to provide information. The reasons may be an incorrectly submitted application, the inability to disclose the requested information, or if the citizen does not have these powers. If the details of the administrative penalty were lost for some reason, you should contact the district police department with a request to receive a copy of the receipt.

Take the smoking test

The essence of the ban law

Federal Law No. 15 contains a number of clauses and articles that detail its content.

• listing general concepts and principles of protecting the body from the effects of tobacco components;
• responsibilities and rights of citizens in the context under consideration;
• powers of government representatives in the field of protection from the influence of tobacco components.

The law details the places where smoking is not permitted, indicates the restrictions imposed on the sale of cigarettes, prohibits measures on advertising of tobacco and the smoking process itself, for example, in cinema, as well as several other points, including:

• the procedure for providing citizens with support from medical workers aimed at abstaining from tobacco addiction;
• all kinds of measures aimed at reducing the use and demand of cigarettes;
• educating citizens about the dangers of cigarette abuse and the harmful effects on the body, carried out using the media and anti-tobacco advertising;
• measures of executive control according to all criteria of the legislative act.

Law No. 15-FZ affected 4 more Federal Laws, which required amendments. These were the laws: “on the principles of organization of government bodies”, “on the organization of self-government bodies”, “on advertising” and “on violations in the field of health protection”. The full version of the regulatory act in question can be found on the official website of the government of the Russian Federation.

What other fines are provided under anti-tobacco legislation?

In addition to the fines provided directly to individuals who violate the clauses on smoking in designated areas and propaganda, Federal Law No. 15-FZ provides for penalties for those who are obliged to take these measures to restrict smoking.

Such penalties include:

1. Failure to fulfill obligations by certain persons to install special signs notifying, or violation of the procedure for placing these signs. Fines for a current offense provide for an amount of up to 20,000 rubles for individuals and up to 60,000 rubles for legal entities and officials.
2. Refusal of legal entities to fulfill obligations to place and equip specialized facilities, whether open air or closed spaces. Offenders may be fined 80,000 rubles.
3. Lack of smoking control at the enterprise (workplace), endangering the health of citizens who do not have a bad habit. In relation to individual entrepreneurs, the legal act establishes a fine of up to 40,000 rubles, for legal entities - up to 90,000 rubles.

The Federal Law under consideration may undergo changes and additions, because only the Government can decide how much sanctions to pay to the state. In this regard, it is necessary to carefully monitor changes in the legal framework aimed at controlling smoking, and penalties imposed for failure to properly adhere to legal norms. At the moment, the State Duma is considering the issue of increasing liability for all points of non-compliance with the anti-tobacco law.

Useful video on the topic

Consequences of late payment

All administrative fines, according to the legislation of our country, must be paid within sixty days from the date of their imposition. To appeal the accrued amounts for collection, another 10 days are given beyond the established period.

If, during a given period of time, an individual or legal entity has not repaid the debt, in accordance with Federal Law No. 15, the amount of the fine is increased by 2 times. If in this situation the citizen continues to ignore the penalty issued to him, law enforcement agencies have the authority to issue an administrative arrest for up to 15 days.

In the executive authorities, among other things, they practice methods of forced collection of sums of money from legal entities and individuals who were held liable for an offense. If you fail to repay the receipt on time, you are guaranteed to have problems with the FSSP, a ban on leaving the country for any period of time, and a host of other troubles.

Agencies that have the right to fine smokers

Full responsibility for compliance with Federal Law No. 15-FZ rests with the police. They have the exclusive right to issue an administrative penalty to a citizen who has violated the rules of law. In addition to recording the offense itself, the police officer can use video recording equipment or the testimony of several witnesses.

• educational institutions, regardless of their nature: kindergartens, municipal and private educational organizations, sports schools, secondary specialized and higher educational institutions, etc.;
• all medical enterprises: adult and children's clinics, hospitals, diagnostic centers, etc.;
• all public transport: buses, all types of taxis, trains, planes, ferries, etc.;
• retail space, including market areas, shops, shopping centers;
• “catering” and recreational places: restaurants, cafes, entertainment centers, bars, cinemas;
• social organizations;
• state and municipal institutions;
• places of work;
• sea, lake and river beach areas;
• gas stations;
• playgrounds and areas equipped for children;
• territories of railway and bus stations, ports and;
• internal area of ​​buildings with two or more residential apartments: landings, stairs and elevators.

By excluding such an impressive list, it is possible to create a new one, indicating in it where smoking is allowed:

1. Places on the street that are not public.
2. Smoking areas equipped to all standards. The enterprise, in turn, undertakes to provide such zones.
3. Territory of personal property: apartment space, houses, dachas, plots, etc.
4. Personal vehicle, provided that there is at least 15 meters between its location and the entrance to any building.

The force of Federal Law “No. 15-FZ” applies equally to all subjects of the Federation. Its entry into force made it possible to reduce the number of smokers in public places, and, accordingly, the harm received by citizens free from the bad habit. The “knot” around tobacco addicts is narrowing, and it may soon be possible to observe a complete absence of smokers in our country, which will improve the health of the entire nation.

Government measures to combat tobacco smoking are not limited to Law No. 15-FZ. There are other regulations and amendments to legislation that, to one degree or another, limit the consumption of tobacco products.

Fines for smoking in public places