Smoking in an unspecified place article of the Code of Administrative Offenses of the Russian Federation. How to comply with the law on smoking in public places and not get fined

30.04.2019

We tell you how Federal Law-15 on the ban on smoking in in public places: what fines are provided for smokers; where you can and where you can’t “smoke”; Do the restrictions of the smoking law apply to outdoor cafes, balconies and entrances?

the federal law Federal Law No. 15 “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” was adopted in 2013. The Smoking Law has seriously limited the rights of smokers, who have been “pushed out” from restaurants, sports facilities and other public places where it is now prohibited to “smoke.” IN administrative code Amendments were made to tighten penalties for violators of Federal Law 15 on the smoking ban. Smokers, as well as organizations that do not comply with established tobacco smoking bans, face serious sanctions. According to Rospotrebnadzor, in the first half of 2017 alone, Russians were fined 60 million rubles as fines for smoking in a public place, as well as for other violations of Federal Law-15.

Let us tell you in more detail how the “anti-tobacco law” works: where you can and cannot smoke.

Where you can't smoke according to the new law - 2018-2019.

A rather impressive list of places where tobacco use is prohibited is contained in Art. 12 Federal Law-15 on the smoking ban. No smoking:

in arr. and educational organizations (schools, technical schools, nurseries, etc.) - the ban applies not only to the premises, but also to the surrounding area;
in cultural and sports facilities (circuses, philharmonic societies, stadiums, etc.)
in medical institutions, including clinics, hospitals and sanatoriums;
on any type of public transport, both urban and suburban, and long-distance (trains, ships, airplanes, etc.) - the ban applies to train platforms and bus stops;
at a distance of less than 15 meters from train stations, airports and other transport facilities;
in hostels, dormitories, hotels and other buildings where accommodation services are provided to citizens;
in premises for trade and provision of services;
in buildings where social institutions and services are located;
in buildings where executive and legislative authorities at different levels are located;
smoking in the workplace;
in elevators and other public places of apartment buildings;
on playgrounds and beaches;
You can't smoke at gas stations.

As can be seen from the list, the law banning smoking in public places quite strictly limited the rights of smokers. If previously they could safely smoke in a cafe, in their office, in the vestibule of a train, now in these places, by law, there must be a smoking ban sign. If you ignore the restriction, you risk getting a fine for smoking in a public place.

Where can?

The principle applies here: everything that is not prohibited is permitted. Therefore, before putting a cigarette in his mouth, the smoker needs to make sure that he is in a place where the smoking ban does not apply. Restrictions do not apply to:

outdoor places away (more than 15 meters) from public institutions, transport stops, sports and cultural facilities;
isolated residential premises for personal use (you cannot prohibit a person from smoking in his toilet; the law says nothing about smoking on the balcony of his apartment);
specially equipped places for smoking, they are also smoking rooms, which can be organized both at the enterprise and in cafes, in apartment buildings and other buildings.

What should a smoking room look like in 2018?

The requirements for the organization of specially designated smoking areas are established by the law on smoking in public places. These rules have not changed in 2018 and 2019.

An outdoor smoking room should have:

“smoking area” sign;
lighting at night;
ashtray.

An indoor smoking room should:

be isolated so that non-smoking employees do not smell smoke;
have ventilation (for similar purposes);
sign “Smoking area”;
ashtray;
fire extinguisher.

Fine for smoking in a public place - how much to pay in 2018-2019?

The Code of Administrative Offenses has several articles that provide for punishment in the form of fines for violating the smoking ban and other restrictions established by Federal Law No. 15:

Article 6.23 provides for a fine for involving minors in smoking tobacco: from 1,000 to 2,000 rubles for citizens; from 2,000 to 3,000 rubles for the child’s parents. This violation includes the purchase of cigarettes for teenagers, “treating” them with tobacco products, and other violations;
Article 6.24 provides for a fine for smoking in a public place - from 500 to 1000 rubles. A more severe penalty is provided for smoking on the playground - from 2,000 to 3,000 rubles;
Article 6.25 provides for liability for officials, legal entities and individual entrepreneurs for violating the law on smoking in terms of organizing specially equipped places for smokers or for ignoring the restrictions established by law. The minimum fine is 10,000 rubles, the maximum is 90,000 rubles.

Answers to popular questions

Is it possible to smoke in a summer cafe?

It is forbidden. This is the position of Rospotrebnadzor, outlined in letter dated June 18, 2014 N 01/6906-14-25. In establishing this ban, the regulatory authority proceeded from the fact that both the veranda and the terrace summer cafe are also used to provide catering services, which means they are part of the premises.

Where can you smoke at the airport?

At the Airport you can smoke in a special isolated smoking room, which is equipped with an exhaust hood, an ashtray and meets all the requirements of Federal Law 15 on the ban on smoking in public places. Such smoking rooms are equipped at most airports in the world, including Russian ones: Domodedovo, Vnukovo, Pulkovo. If the smoking room is closed, then smoking is allowed no closer than 15 meters from the airport.

Is it possible to smoke on the balcony of your apartment?

No restrictions have yet been established on smoking on the balcony of your own apartment, although such initiatives arise from time to time. However, if the smoke from a smoker neighbor prevents one from living normally, a citizen has the right to file a civil lawsuit against him demanding compensation for damage. In court, you will have to prove that your neighbor’s smoking is harmful to health and creates obstacles to the normal use of the living space. To fix a violation sanitary standards You can invite specialists from Rospotrebnadzor. It will take a lot of time to collect all the necessary evidence, and the prospects for a claim are vague, but there is still such a possibility in the law.

Every year, about 500 thousand Russians die from diseases caused by smoking. Due to such a serious danger of smoking to society State Duma In 2013, a law was passed regulating issues related to smoking in public places. It should make life difficult for smokers, protect non-smokers from smoke, and encourage smokers to get rid of this bad habit. The law completely prohibits smoking in public places and provides for a fine as a punishment.

Smoking ban

According to Article 6.24 of October 21, 2013 of the Code of Administrative Offenses of the Russian Federation, the use of tobacco products in public places. You can now smoke only on the street, away from businesses, and also in your own apartment.

Federal Law No. 273-FZ of October 21, 2013, which introduced this article, came into force in November of the same year.

Places where tobacco use is prohibited:

territories educational institutions, public services and health institutions;
all types of public transport;
workplaces and zones;
entrances, staircases, elevators of residential buildings;
public beaches, playgrounds;
gas stations;
bars, restaurants, cafes;
household services.

Responsibility for tobacco use in the wrong place comes not only for smokers, but also for those who must ensure proper notice of the ban. Legal entities must equip their premises with prohibitory signs and establish special smoking areas. These places must be equipped reliable system ventilation and meet fire safety requirements.

Fines

Law enforcement agencies impose penalties in the form of a fine for smoking in a public place. The amount of this amount depends on what specific act was committed:

1. Smoking in a public place - an administrative protocol is drawn up and a fine of 500-1500 rubles is imposed.
2. Smoking on the playground - 2000-3000 rubles.
3. Involving a minor in the process of using tobacco - a fine of one to two thousand rubles. This clause includes purchasing tobacco for minors, providing them with cigarettes, or promoting the idea of smoking among them.
4. For the commission of the same actions by the parents of a minor - 2000-3000 rubles.

More about the law

Federal Law No. 273-FZ prohibits advertising of cigarettes and other types of tobacco products. The law provides for responsibility for citizens who must take measures that limit tobacco consumption or create special conditions for smokers:

1. For a person’s failure to fulfill the obligations or procedure for placing prohibitory signs, a fine is provided: for officials - in the amount of 10-20 thousand rubles, for legal entities - 30-60 thousand rubles.
2. For failure to fulfill obligations to equip a smoking area: for officials - 20-30 thousand rubles, for legal entities - 50-80 thousand rubles.
3. For failure to fulfill obligations to control tobacco smoking: for individual entrepreneurs the fine is 30-40 thousand rubles, for legal entities - 60-90 thousand rubles.

When developing the law, the experience of the USA, Canada and several European countries in the fight against tobacco smoking was taken into account. The law is often criticized by both smokers and non-smokers, since such an offense is very difficult to prove.

Today in Russia there are a number of prohibitions aimed at propaganda healthy image life. One of these is the ban on smoking in crowded places, violation of which may result in a citizen with a cigarette being required to pay a fine. In order not to fall under this penalty, you should know where you can’t smoke and what products are covered by this law.

The legislative framework

Today, a number of legislative measures have been adopted aimed at reducing the number of smokers in the country. The following documents are key:

Federal Law No. 15, adopted on February 23, 2013. The legislative document consists of 25 articles, which list a number of prohibitions related to the distribution and advertising of cigarettes and tobacco use, as well as other measures aimed at reducing the number of citizens who smoke.
Article 12 of the smoking ban law provides a list of places where it is prohibited to be with a lit cigarette.
Article 6.24 of the Code of Administrative Offenses of the Russian Federation provides for punishment for violating the above law, or more precisely Article 12. The violator will have to pay a fine if he is caught by a police officer or an application is filed against him by persons who have evidence of violating this law.

Where is it forbidden to smoke?

The law provides an exact list of places that are considered public, and on the territory of which smoking is strictly prohibited. According to the list, smoking is prohibited:

On the territory of institutions that work in the field of education, culture, sports, including the territory of youth centers. That is, smoking on the territory of a school or university or stadium is prohibited.
In institutions working in the healthcare sector, that is, hospitals and clinics, sanatoriums and adjacent areas. Simply put, you can smoke by first going outside the fence of the territory and moving a few meters away from it.
IN public transport– buses, airplanes and helicopters, river and water vessels. This ban applies not only to transport users, but also to the personnel working on it - drivers, flight attendants, and conductors.
In places where passengers board and disembark - airports and train stations, stations, ports, stops.
In residential areas. Of course, we are not talking about your apartment or your friends’ apartment, but about premises that are intended to be rented out for living. In particular, these include hostels and hotel rooms.
In the territory of household and retail facilities - in canteens, cafes, market premises and shops. But after leaving the building of the same cafe, the visitor can safely smoke, of course, if there is no other place nearby that is prohibited.
In the case of cafes and restaurants, they must equip special place for smoking. By the way, it is important to know that today it is forbidden to divide the halls into “smokers” and “non-smokers”.
In municipal buildings, district, city and regional authorities, social services offices.
At an indoor workplace. After leaving the building, the employee may smoke on or off the premises of the enterprise.
Smoking is also prohibited in the entrances of multi-storey buildings. True, there is an exception to this rule.
On playgrounds built for children's recreation. Violation of this clause is punished most severely.
On the beaches.
At gas stations.

And, of course, in those places where there is a sign prohibiting smoking.

Where can you smoke?

Despite a rather impressive list of prohibitions, there are still places where heavy smokers can enjoy a cigarette. These include:

Specially equipped, separate rooms for smokers with a special note about the purpose of the room. Usually organizations are required to equip them for their employees, cafes for visitors, etc.
In the apartment, if it is your property.
In my car. True, if you work as a taxi driver, then while transporting passengers you should resist the urge to smoke.
The entrance of a multi-storey building with the condition that it has a specially designated place with good ventilation.
Transport hubs with the condition that the smoker has moved at least 15 meters away from the entrance to the train station or airport, port or station.
On long-distance ships, but only in specially designated places.
At the workplace, but only if the employer has equipped a separate “smoking room” for this. Alternatively, the employee can also go outside to satisfy his need.

Smoking outside is also allowed, but it is better to do so with caution. Any place where there is a large concentration of people may be mistaken by the police for a public place, and you may be issued a fine, especially if somewhere nearby there is a sign prohibiting smoking in this place.

Hookah and electronic cigarettes

Separately, it is worth considering the possibility of smoking a hookah and electronic cigarettes, more precisely, their use in the places specified in Article 12. Today, the smoking law does not contain direct prohibitions on hookah smoking, but only if the mixture does not include tobacco. If the mixture contains it, then it automatically falls under the law on smoking.

Smoking a hookah with tobacco mixtures prohibited in public places and cafes and restaurants. The latter should equip special smoking rooms for fans of hookah with tobacco mixtures.

Electronic cigarettes are not included in the ban. The reason for this is that no tobacco is used in their production. Taking this into account, it is believed that passive smoking using electronic cigarettes does not harm others.

But still, lovers of hookah and electronic cigarettes should follow the news, as this is not the first year we're talking about about the possibility of limiting smoking areas and for them.

What are the penalties for smoking in the wrong place?

As already mentioned, you will have to pay a fine for breaking the law. Its size depends on where exactly the offender was caught:

Smoking in any place listed above, excluding children's playgrounds, will cost from 500 to 1,500 rubles.
If a smoker is caught with a cigarette on the playground, then you will have to pay from 2,000 to 3,000 rubles.

As you know, smoking in public places is prohibited in 2019. 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. The fine for smoking in public places is imposed in order to combat smoking among the population of the Russian Federation different ages. In 2019, a special emphasis is placed on protecting minors from bad habits. This raises the question, where can you still smoke? Especially interesting for residents apartment buildings does the anti-tobacco law and articles of the Code of Administrative Offenses allow smoking on landing in 2019?

In general, 15-FZ, which protects citizens from harmful effects tobacco products, was adopted in 2013. However, as of this year, not all of its provisions have legal force. Some items will become legal only in 2019. But all articles regarding fines (including fines for smoking in the entrance) have already been in force since 2014. In order to avoid liability for bad habit, which not every person can take and refuse, it is necessary first of all to memorize the list of places where smoking is allowed and where it is not allowed. This is exactly what it's about we'll talk in our article. And also, about how much a careless smoker will have to pay in 2019, 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 consultation from experienced lawyers for free.

Under public places refers to places where people gather, public areas that are not privately owned. In 2019, 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, establishments Catering 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 2019, the majority shopping centers and restaurants will be equipped with “smoking rooms”. airplanes and trains have designated smoking areas, etc. In specially designated areas for abuse tobacco smoke you won't have to pay. The main thing is to follow the rule about not involving minors in harmful activities.

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 10-15 people working in one 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. Avoid fines in similar situation It's unlikely to succeed.

How much is the fine in 2019?

Fine for violation anti-tobacco law it is possible not only for citizens who violate this 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 2019:

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 moral side the behavior of an adult is negative in both cases);
3000 – 5000 rub. will receive individual for the distribution of tobacco products among young people;
100,000 – 150,000 rub. will receive entity for the distribution of tobacco products among young people.

It is worth considering that not all fines issued by law enforcement agencies have a legal basis. To the common man It is necessary 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 form feedback and wait a little while the answer comes.