Smoking in the porch. Law prohibiting smoking in porches

Smoking in the porch is absolutely usual for our country, almost daily. In almost every city, in any multi-storey building, there will certainly be negligent neighbors who love to smoke in common areas so as not to poison the atmosphere of their own apartment. As a rule, it is extremely rare to come to an agreement with violators of public order, no one wants to sacrifice their habits to please surrounding unfamiliar people. In order to defeat the addiction of millions of our fellow citizens, a special law has been developed, which we will talk about today.

Apartment house: where is smoking prohibited?

Currently, smoking in the porch is prohibited at the legislative (i.e. mandatory) level, therefore, without unnecessary conversations and disputes, it can be stated that smokers are in a deliberately losing situation. It is they who violate state standards and restrict other citizens in their rights (for example, the right to protection of health). Among other things, a bad habit will be punished if you decide to raise:

• on the landing;
• in the elevator;
• in the attic;
• in the basement;
• in another place of public use in an apartment building.

How to prove that an offense has been committed?

Having noticed a neighbor for an unpleasant occupation in the above territory, you may well take certain measures of influence. To begin with, of course, you can just talk with the violator, referring to the norms adopted by the state and good neighborly relations. If the heart-to-heart conversation did not bring the necessary results, feel free to contact the local district police officer for help and know that the truth is on your side.

The first question that confronts a fighter for public goods is as follows: "How to prove that there was smoking in the entrance?" How to deal with this is the second question. In fact, everything is not as simple as it might seem at first glance, ordinary words for the accusation will be absolutely insufficient. It will not be superfluous to find and involve in writing complaints from other witnesses of the offense (at least two people). In addition, amateur fixations of misconduct are also accepted, these may be photographs or video filming. Please note that the authenticity of such materials will also need to be proved by evidence.

How are special facilities equipped?

The Entrance Smoking Act was passed on February 23, 2013. Its official name is as follows: “On the protection of the health of citizens from exposure to ambient tobacco smoke.”

Where can smokers indulge in a beloved but bad habit? As a rule, in public places, offices and enterprises a special place for smoking can be organized. Such a site usually meets the following requirements:

• the absence of flammable materials near the site;
• the presence of ballot boxes and signs made in accordance with fire regulations;
• the presence of a hood;
• isolation from residential and public premises (smoke from a cigarette should not penetrate into adjacent rooms, harming non-smokers).

Can I smoke at home?

Unfortunately, there are simply no special smoking rooms in apartment buildings, so the only way out for nicotine lovers is to smoke in their own apartment. However, in this case, there may be certain restrictions. The smoking area even in this case should be isolated and have an excellent ventilation system.

Of course, no one will fine you for the lack of a specially equipped site on the territory of your personal living space, but there is one significant “but”. In the Federal Law, there is a rather clearly expressed desire not to take actions as a result of which other citizens will suffer from tobacco smoke. Simply put, if you are too active in tarring cigarettes at home, smoke from them can spread to neighboring apartments, which means that neighbors will also be infringed on their rights. Especially often, such situations happen if smokers go to the unglazed balcony.

If desired, particularly active citizens can go to court and even win the case. In this case, the active smoker will not only be forbidden to become addicted to a bad habit in his own house by law, but he will also need to reimburse certain financial resources as a payment for moral damage. Fortunately for nicotine lovers, there is practically no judicial practice in such situations, and the chance to lose such a case is very insignificant, because collecting evidence of violation of rights by neighbors will be very, very problematic.

What penalties are there?

Smoking fine at the entrance today is the only possible measure of punishment for misconduct. Only the legal representative of the authorities has the opportunity to recover him from the offender. Remember, no warriors responsible for the porch and other self-appointed strengths of this world have the right to demand punishment from you, their right to report a violation of the law and, if possible, provide facts confirming such a statement. All checks on such complaints are carried out by the district inspector, and it is he who, in the case of confirmation of the signal, carries out a fine. The penalty for smoking in the entrance for an individual is about 1000-1500 rubles. In relation to legal entities and individual entrepreneurs, this article does not apply, each person bears an independent (personal) responsibility for smoking within the entrance.

Popular fight methods

Let's talk in more detail about how exactly it is possible to defeat smoking in the entrance. There are four of the most common methods that are often practiced when dealing with careless neighbors. These include:

• an attempt to peacefully resolve the conflict (to talk heart to heart with a smoker, try to reach a consensus);
• threats (represent the same attempt to personally resolve the conflict, but warnings are called in to call on authorities);
• a call from the authorities (it is generally accepted that district police officers react negatively to such complaints, since it is rather difficult to prove anything upon the call);
• porch smoking announcement (a source of precautionary information).

We ask for help in the HOA

Since the entrances are classified as common areas, the rules of conduct in such a territory can be determined with the participation of the HOA or the management company. If necessary, a question of this nature can even be brought up for general consideration during a meeting of tenants. Public debate is likely to lead to the development of a unified policy for everyone with homeowners in an apartment building on this issue. As a rule, the decision is not made in favor of smokers, and a certain fine will be assigned for violation of the adopted regulations, which will need to be paid to the account of your home.

Smoking in the stairwell: article of the Code of Administrative Offenses, norms, laws

During a heated debate with the violator, representatives of the Homeowners Association, and sometimes the authorities, you will certainly need strong arguments to defend your point of view. What norms and legislative documents should be referred to in order to confirm their absolute correctness? As a rule, smoking at the entrance of a residential building may fall under the influence of such norms as:

• The Constitution of the Russian Federation (in particular, its 41st article, the essence of which is reduced to the right of everyone to protection of health and medical care. By the way, the second paragraph of this article contains information about federal programs designed to help improve the health of citizens).
• Housing Code of the Russian Federation, article 17 (implies the use of residential premises with the mandatory observance of the interests and rights of neighbors, as well as fire safety standards, basic sanitary and hygienic requirements).
• Housing Code of the Russian Federation, article 36 (general purpose premises in an apartment building are owned by the owner of the apartments in equal shares).
• Sanitary norms and rules (about carcinogenic hazard).

Additional links to useful laws

The law prohibiting smoking in the doorways, of course, does not always work. At the moment, the consciousness of our fellow citizens is still at a rather low level. Do not despair, to defend your rights is necessary in any case. It is also possible to prohibit illegal actions by referring to:

• Federal Law No. 52 (On Sanitary and Epidemiological Well-Being).
• Regulation of the Federal Service for Supervision and Protection of Consumer Rights (No. 308).
• Code of Administrative Offenses.

Why is smoking dangerous in the promised territory?

Not all smokers understand why their bad habit fell under the state ban, although for sure every person is aware of all the possible harm from the consumption of nicotine. The thing is that second-hand smoke is no less, and even more dangerous. Diseases caused by smoke entering the lungs and the body are difficult to diagnose, because the doctor is completely sure that the person follows the rules of a healthy lifestyle and does not have bad habits.

Nicotine can trigger the development of cancer of the internal organs and the genitourinary system, heart disease, blood vessels, arteries. Permanent second-hand smoke often causes stroke, lung pathologies, and brain tissue dying. Cigarette smoke is especially dangerous for very young children, a large amount of nicotine in the air can trigger a sudden infant mortality syndrome (typical for infants).

As completion

Entrance smoking law is necessary to regulate the relationship between the two possible parties to the conflict. The official document is designed to protect the rights and freedoms of citizens, as well as take care of their health. The opportunity to enjoy a bad habit for smokers can only be realized on the territory of their private property or in places specially equipped for this purpose. If an offense is committed, the action will be punishable by a fine.