Smoking is a bad habit, a plague of the 21st century. Almost one-seventh of the world's population is people who are active smokers. At the same time, it is difficult to imagine how many passive smokers are in the world who do not voluntarily become victims of toxic cigarette smoke.
Smoking harm
Compared to the Soviet Union, smoking people in our country have become much less. Perhaps this is due to the rise in price of tobacco products or the introduction of smoking bans in public places.
Smokers themselves receive harmful substances when smoke is inhaled, which are formed by burning tobacco and paper. The most dangerous of these are resins, poisons, radioactive substances and heavy metals. Nicotine is an addictive poison. The body adapts to the constant flow of nicotine into the bloodstream, and when its amount becomes smaller, the nervous system reacts instantly. Thus, a person wants to smoke again and again.
People who do not smoke, but are in the immediate vicinity of the smoker, also receive damage. Especially affected are children, whose body grows and develops. The harm from second-hand smoke is the main reason for developing a policy of restricting smoking in public places.
The fight against smoking in Russia
A set of government measures aimed at restricting smoking of tobacco products, as well as the prevention of tobacco use, is the main method of combating tobacco dependence.
Currently, Russia is actively fighting tobacco smoking. The restriction associated with smoking in public places applies to all educational institutions, hospitals, canteens, industrial enterprises, offices, parks and even cafes and bars. Advertising of tobacco products on television and radio is prohibited. Cigarette prices are constantly rising, and the tobacco restriction policy is tightening every year.
Smoking problem on the balcony
To see a smoking person on the balcony of an apartment is no longer an amazing fact. It seems that a person is on his balcony and does not bother anyone. This is exactly what the classic smoker argues. But tobacco smoke, which is emitted in large quantities during smoking, tends to spread over a long distance and penetrate into neighboring apartments.
Cigarette smoke for a non-smoker is not only unpleasant, but also harmful. Continuous exposure to toxic substances can cause health problems and even serious illnesses. Let's try to figure out whether it is possible to smoke on the balcony according to the law.
Smoking on the balcony of the apartment
In apartment buildings there are a large number of people with different lifestyles, attitudes and habits. Some people think that they can do what they want in their apartment. Is it possible to smoke on the balcony, if it is personally yours? If the apartment is in your private property, then you can smoke on your balcony. This applies even to apartment buildings. In this case, limiting your rights will be difficult, but there are certain situations where you can be forced to stop smoking even on your own balcony.
If a neighbor who is dissatisfied with your smoking and smoke proves that smoke enters its territory and that a minor child or an adult with asthma is exposed to harmful substances, then the court can introduce restrictions on smoking on the balcony. This is difficult to do. A team should leave to measure the level of harmful substances in the air from neighbors. The service is very expensive and time consuming.The concentration of harmful substances should be at a level that can cause asthma attacks. It is the experts who will be able to determine whether it is possible to smoke at home on the balcony in your situation.
If you have a balcony shared with the neighboring apartment, then smoking on such a balcony is prohibited, as this is not only your personal space, but also the space of your neighbors. Smoke can freely enter their apartment.
Smoking on the balcony of the public corridor
Is it possible to smoke on the balcony of an apartment building if this balcony is attached to a public corridor? No, because this room is a public place. Therefore, smoking on such a balcony is prohibited.
Smoke released by the smoker will penetrate the public corridor, thereby creating an unfavorable environment for non-smoking residents. Even with irregular smoking, cigarette smoke can cause significant damage to a non-smoker, because his body is not adapted to constant contact with cigarette combustion products. Even with a few breaths of such smoke, coughing, tickling in the mouth, dizziness and other unpleasant sensations can develop.
Smoking on the hotel balcony
The hotel and other areas of large numbers of people belong to public places. Can I smoke on the hotel balcony? A question that worries many. The hotel balcony is also a public place, regardless of your temporary stay there. No smoking on the hotel balcony.
After the ban on smoking in public places, some hotels have equipped special smoking rooms. This was done so as not to lose a large number of guests. After all, there are currently more than 1.1 billion smokers on Earth.
Smoking rooms are equipped with special exhaust systems that remove smoke and do not allow it to enter other rooms.
Smoking hookah on the balcony
A hookah is a smoking device that cools and filters smoke before drawing it in. If you like to smoke hookah, then you need to know whether it is possible to smoke on the balcony of an apartment building, and what requirements must be followed. Hookah seasoned with a tobacco product that has nicotine in its content is equated with tobacco products. Such a hookah is forbidden to smoke in public places.
If you use neutral aromatic mixture when smoking hookah, which does not contain substances prohibited by law, then you can smoke such a hookah on your balcony, in cafes, bars, restaurants and other places.
If you smoke on the balcony, which belongs not only to the territory of your apartment, then try to use mixtures that have a pleasant smell for others, then you will not have to listen to discontent from neighbors. When smoking mixtures with tobacco without nicotine, it will be difficult to prove that you use hookah, then constant scandals and meetings with the district police officer are provided to you.
Federal laws governing smoking in public places
In our country, smoking is regulated by federal law No. 15 "On the protection of the health of citizens from the effects of surrounding tobacco smoke and the consequences of tobacco consumption."
The law prohibits smoking tobacco in public places of any purpose. It can be enclosed spaces or open areas and parks. Smoking is allowed only in designated areas equipped with special filters and hoods.
Smoking is also prohibited in some places that are not considered public by law. This category includes: cars intended for the carriage of passengers, the territory of the yard, porch, elevator, public corridor.
A ban on tobacco advertising has been introduced. Demand for tobacco products is artificially reduced through tax, price and organizational measures.Educational institutions should conduct educational discussions about the dangers of smoking. Fines were imposed for smoking in an inappropriate place, penalties for violating this federal law are provided.
How to deal with smokers?
If you are dissatisfied with a smoker neighbor who creates unfavorable living conditions for you, then you need to start solving this problem. To get started, try talking to a neighbor. If requests and persuasion did not help, then you should consult the law. When a smoker is on the shared balcony, the law will be on your side. You can write a complaint to a person who violates the law, and the issue will be resolved.
But what if the neighbor smokes on the balcony of his apartment? In this case, it will be very difficult to prove that smoke is a danger to you and your family. You can spend a large amount of money without achieving a positive result.
You can close the windows tightly, then smoke will not get into your apartment, but in the summer heat it is simply impossible, because fresh air will also cease to flow. The current method of stopping the flow of tobacco smoke into the apartment will be the installation of a filter system.
Who to complain about smokers?
Before you write a statement against the violator, you must gather compelling evidence that this violation has occurred. Otherwise, you yourself can become an offender due to knowingly false denunciation. The evidence may be as follows:
- testimonies of neighbors;
- photos of people smoking in your entrance;
- video recording.
Be careful with collecting evidence. Photos or videos must be taken with the permission of the smoking neighbor, otherwise he may file a complaint against you for intruding on his personal life. Photos and videos should be made in such a way that it is clear that they depict exactly your entrance.
When you have gathered evidence of the guilt of the neighbors, you can go to the duty policeman. He will help you make a statement on offenders. After that, the district officer draws up an administrative act. Within ten days, the district police officer must open an administrative case or write a refusal in which the reasons for the dismissal of the case will be described in detail. A representative of the government will meet with the violators and explain to them whether it is possible to smoke on the common balcony of the apartment building or in the public corridor.
If you think that the actions of the district police officer do not satisfy your interests, or the application was ignored, then you have the right to contact the prosecutor.
Fines for smoking
Violators of the “anti-tobacco law” face a fine of at least 500 rubles. up to 1500 rub. If a representative of the law found you at the place of the administrative offense, then he has the right to draw up an administrative protocol against you and impose a sentence. Smoking on the playground is punishable by an even larger fine: 2000-3000 rubles.
If there are minor children among smokers, then penalties for their adult companions will be tightened. The purchase of tobacco for minors and their involvement in the smoking process, as well as the promotion of smoking, are punishable by a fine of 1,000-2,000 rubles. If adults are parents of minors, then the fine will be 2000-3000 rubles.
If the offense is committed by a legal entity, then the amount of fines will be different:
- violation related to non-fulfillment of the obligation to place signs prohibiting smoking (30,000-60,000 rubles);
- failure to monitor compliance with the law prohibiting smoking in a public place, on a territory entrusted to an individual entrepreneur or legal entity (60,000-90,000 rubles);
- failure to fulfill the obligation to equip a smoking area with special equipment (50,000-80,000 rubles).
Electronic cigarette smoking
There are currently no restrictions on smoking electronic cigarettes in public places.The market for electronic vaporizers and Vape is not regulated by law, however, several attempts have been made to equate electronic vaporizers with tobacco products, but such bills were rejected because not all mixtures contain harmful nicotine.
The harm from soaring electronic cigarettes filled with nicotine-free liquid has not been proven in laboratory studies, so the situation with the ban on smoking of this product has not yet been resolved.
Be careful when smoking a vaporizer: do not use vaporizers that look like a regular cigarette, otherwise an unpleasant situation may occur. To prove that you did not smoke a cigarette is sometimes quite difficult.
Finally
Every citizen of the Russian Federation must comply with the law. If you become a victim of the activity of malicious law breakers, immediately take measures to bring them to administrative responsibility. Respect yourself and others, and also think about your health and the health of loved ones.