Smoking on the site of the railway station

The ban on smoking in public places is enshrined in law at the federal level.Such places include common areas in residential buildings.

However, not all residents are ready to comply with the legal requirements.While conscientious citizens smoke in their apartments, unscrupulous citizens prefer to smoke on the staircase, causing inconvenience to their neighbors.

Where can you smoke in an apartment building?

Federal Law 15-FZ of February 23, 2013 is designed to protect the health of citizens from the effects of tobacco smoke and regulates the use of tobacco and tobacco products.Article 12 of the Smoking Act lists the premises, objects and areas where smoking products containing tobacco are prohibited.According to Clause 10 of Part 1 of Law 15-FZ, smoking is prohibited in elevators and other common areas of residential buildings.The law does not define the places where smoking is allowed, but based on the list of prohibited places, we can conclude that smoking in a residential building is allowed:

• in the apartment, on the balcony of the apartment;
• in designated smoking areas.

Is smoking allowed in or near the entrance?

A direct reference to the ban on smoking in the entrances is contained in 15-FZ, since the entrance is a public space.But the law does not say anything about whether it is possible to smoke not in the entrance of the house, but near it.That is, there is no direct ban, but only if the place chosen for smoking near the entrance does not belong to a playground, the territory of an educational, sports or medical institution.

There is one important nuance.The law provides for the right of subjects to independently determine restrictions on the use of tobacco products in certain places.The authorities of some regions took advantage of this right and prohibited smoking less than 15 meters from the entrance.

Is it possible to smoke electronic cigarettes and IQOS?

To date, legislative restrictions apply only to products containing tobacco and its derivatives.The fashionable IQOS today uses pressed tobacco sticks, so the smoking system is classified as a tobacco product and is prohibited.E-liquid does not contain tobacco, which means that the restrictions do not apply to these gadgets.

Therefore, you can only ask your neighbor not to smoke e-cigarettes in the entrance, since it will not be possible to prohibit him from doing so by law.

Can hookah be smoked in the entrance?

It is hard to imagine smoking a hookah on the site of an apartment block.But if one of the residents comes up with such an idea, we must remember that the legality of such an action directly depends on the composition of the smoking mixture.The presence of tobacco in the mixture immediately transfers hookah smoking at the entrance to the category of administrative violations.If there is no tobacco in the mixture, then smoking hookah on the stairs is not prohibited by law.

When can you complain about a neighbor smoking in the entrance?

The struggle with neighbors who smoke in the entrance is not only the right, but also the duty of all residents of the house.In this way, they protect their health and the health of other people, including children living near them.If one of the neighbors smokes in the entrance, causing others to breathe in harmful tobacco smoke, does not respond to requests and does not negotiate, then the best thing you can do is to file a complaint with the relevant authorities.

Where do I complain if they smoke in the entrance?

There are several authorities that you can contact if the residents of the house are smoking in the entrance.One option is to call the police.You can also complain to the local police.A more serious step would be to contact the prosecutor's office.

The most global option is to file a claim in court.In this case, if there is evidence of damage, you can count on the fact that the offender will not only be fined, but also compensate for the damage caused.

How do I write an application?

The application is written in any form, but it is still necessary to observe some rules for drafting and indicate the following data:

• to whom the request is addressed;
• Applicant's full name and contact details;
• the essence of the violation (preferably with reference to the relevant article of the law);
• inconvenience experienced by the residents of the house due to the smoking of neighbors;
• actually a request to conduct an investigation and bring the offender to justice.

In addition, you must attach the available evidence of the violation, as well as list what measures have already been taken to solve the problem (for example, conversations with the smoker, a general meeting of residents, etc.).The more detailed the message, the faster action will be taken.

How to prove the guilt of a smoker?

Before turning to the relevant authorities with a complaint, it is necessary to collect evidence that a neighbor smokes on the site.Confirmation can be:

• testimony from both the applicant himself and other residents of the house;
• photos or video materials taken by any of the neighbors;
• recordings from video surveillance cameras installed in the entrance.

The conclusive evidence will be the conclusion of the local policeman who filmed the violation, but organizing such an event is quite difficult.

How is the application processed?

A complaint received at the police about smoking in the entrance must be registered within three days.Officers then have 30 days to verify the facts and evidence stated in the application.If the inspection confirms the violation, then in accordance with Article 23.3 of the Code of Administrative Violations, the district police officer initiates a case for an administrative violation.

If within 30 days after submitting the application, the police did not take any action and did not notify the applicant about the results of the inspection and the decision made on the application, you can file a complaint with the prosecutor's office.

Responsibility for smoking in the entrance

According to the law, the responsibility for smoking in an inappropriate place can be:

• administrative (regulated by the Administrative Code);
• disciplinary (in relation to employees who violated the ban on smoking in the workplace);
• civil law (if smoking causes harm to people's health).

The penalty for smoking in the entrance of a residential building is established by Article 6.24 of the Code of Administrative Violations.The fine for smoking in the entrance of a residential building is $6.5 - $19.5.

What to do if not the owner of the apartment smokes, but the tenant?

Often there are situations when it is not the owner of the property who smokes on the site, but the person who rents the apartment.Tenants take care of their rental property as in most cases they will have to pay out of pocket for damage to the property.But good relations with neighbors or the condition of the entrance concern them much less.That is why it is not always possible to reach an agreement with them.

However, punishing the offender in this case is no more difficult than punishing any other resident of the house.Violation of the smoking law does not depend on the place of registration and actual residence.So, in the event that the conversations turned out to be useless, you should act according to the standard procedure - collect evidence and contact the police with a complaint.

It is often possible to achieve results without the involvement of competent authorities if the case involves homeowners.Many rent out apartments, ignoring tax laws, and therefore are not interested in any proceedings or inspections.Thus, the owner can influence the tenant, for example, by writing a separate clause in the contract regarding smoking.

Organizing a smoking area

Residential building projects very rarely provide separate areas for smokers.Residents can equip them themselves.To do this, it is necessary to isolate part of the common area and install a ventilation system or a hood.Such actions must be approved by the residents at a general meeting.

Peaceful ways to solve the problem

Before choosing how to deal with smokers, you can try to reach an agreement with them.Sometimes this helps achieve results by saving time and avoiding conflicts.There are several options:

1. Negotiate.The simplest method is to talk to the smoker and explain what inconvenience his habit causes to the other residents of the house.You can educate him by telling him about the dangers of secondhand smoke.
2. General Assembly.Among the neighbors, there will probably be many who are also not happy with the dirt and the smell of tobacco in the entrance.Together you can choose the most effective measures to impact the smoker.And if he agrees to attend the meeting, then perhaps he will listen to the opinion of the majority.
3. Information stands or announcements at the entrance.They can not only post information about the smoking ban, but also indicate that systemic violations will be followed by immediate contact with law enforcement.
4. Installation of video cameras.This step will require financial costs, but it will most likely dissuade the smoker from smoking in front of the lens.In addition, the recordings from the cameras are indisputable evidence of the offense committed.
5. Smoking room device.This method will also require spending money and, in addition, the consent of the residents of the house, but it allows you to take into account the interests of both smoking and non-smoking neighbors.

Conclusion

The ban on smoking in public places, and in particular in residential buildings, aims to protect citizens' health from the harmful effects of tobacco smoke.In order to comply with the established standards in each particular house and entrance, control by the residents of the house is necessary.Only the joint efforts of citizens and the police will help to deal with malicious smokers.