Smoking in public places Code of Administrative Offenses of the Russian Federation. You can download the resolution

Every year, about 500 thousand Russians die from diseases caused by smoking. In connection with such a serious danger of smoking for society, the State Duma in 2013 adopted a law 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 is completely prohibited. 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 of 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 with a reliable ventilation system and meet safety requirements. fire safety.

Fines

Law enforcement agencies apply penalties in the form of a fine for smoking in 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 to 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. The law is often criticized by both smokers and non-smokers because the offense is very difficult to prove.

Fines for smoking in public places imposed by the Government Russian Federation, concerned about the harm that may be caused smoking people 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:

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.
Smoking on children's or playgrounds, as well as in places where children gather, can cost a smoker up to 3,000 rubles.
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.
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 no harm was caused a large number 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:

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.
Through Sberbank online. Savings bank cardholders who have Personal Area, it is not necessary to leave home to pay the fine. Just find the “payment of fines” tab, go through it, fill out 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 implement this operation, necessary:

register on the site by filling out the empty fields with your last name, first name and patronymic, personal address Email and telephone 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.

transfer 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:

procedure for providing support to citizens medical workers aimed at abstinence from tobacco addiction;
all possible measures aimed at reducing the use and demand of cigarettes;
educating citizens about the dangers of cigarette abuse and harmful influences 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”. Full version 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:

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.
Refusal of legal entities to fulfill obligations for the placement and equipment of specialized, whether open air or closed spaces. Offenders may be fined 80,000 rubles.
Lack of smoking control at the enterprise (workplace), endangering the health of citizens who do not have 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 regulatory framework aimed at controlling smoking, and penalties imposed for failure to properly adhere to legal norms. On this moment V State Duma The issue of increasing liability for all points of non-compliance with the anti-tobacco law is being considered.

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.

In the event that during a given period of time, physical or 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 enterprises medical direction: adult and children's clinics, hospitals, diagnostic centers and so on.;
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 spaces;
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:

Places on the street that are not public.
Smoking areas equipped to all standards. The enterprise, in turn, undertakes to provide such zones.
Territory of personal property: apartment space, houses, dachas, plots, etc.
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 complete absence

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 others regulations

, amendments to legislation that, to one degree or another, limit the consumption of tobacco products.

Fines for smoking in public places

5 (100%) 7 votes the federal law, designed to protect the health of citizens from the dangers of smoking. Moreover, all subsequent years - 2014, 2016. - changes were constantly made to it, expanding the list of places prohibited for smoking. In addition, strengthening measures against smokers was adopted on October 14, 2015.

The list of prohibited places is so extensive that it is easier to name where free smoking is allowed. However, to make things completely clear, we will list all prohibited places:

The territory and premises of hospitals and any medical institutions providing medical, rehabilitation and sanitary-resort services. Therefore, when going on a medical holiday to a sanatorium, you should take this information into account. Please note that the law also prohibits the organization of special smoking areas in such institutions, and this must be an internal order.
Theatres, cinemas and other cultural institutions and youth affairs bodies - this applies to both the premises and the territory of such institutions.
Educational institutions of all types - universities, schools, children's preschool institutions, sports schools and any institutions providing educational services.
Restaurants, cafes, shopping centers and stadiums, office buildings, shops, that is, almost all public places. Punishment is provided for both indoor and outdoor smoking in the immediate vicinity of the entrance - the distance must be at least 15 meters.
Similar rules about a distance of 15 meters apply for smoking at public transport stops, near metro stations, platforms and platforms, railway station buildings, etc.
On trains of any distance and electric trains, airplanes and airports.
On playgrounds.
In common areas of apartment buildings - entrances and staircases.
In the park there is recreation and forest park, on the beach, as in crowded places.

Is it possible to smoke electronic cigarettes in unauthorized places?

The initial clarification made it clear that e-cigarettes do not amount to tobacco products. But the situation promises to change radically in 2017, and according to experts’ forecasts, changes will be adopted that equate ES and electronic hookah to a tobacco product.

Therefore, our answer is clear - electronic cigarettes cannot be smoked in unauthorized places!

Amount of fine

How much will a lawbreaker pay? The size of the fine issued for smoking in the wrong place can range from 500 to 3000 rubles. The punishment for violating the law is regulated in more detail by the Code of Administrative Offenses of the Russian Federation. The minimum fine is 500 rubles. But in fact, the total amount may exceed 3,000 rubles.

For example, for smoking on a playground, the Code of Administrative Offenses provides for a fine of 2,000 rubles, which is added to the general fine for smoking in the wrong place of 1,500 rubles. Result - 3500 rubles. The fine for minors, of course, will be paid by the parents. The law also provides for liability for adults who involve children in the process of smoking.

How to pay the fine?

Besides traditional way payment of a fine at a branch of any bank; it is possible to pay via the Internet. At the same time, the payment period and penalties for late payment are regulated by the administrative code.

Who can fine?

fine individuals Only the police can - it is the police who are entrusted with the functions of monitoring compliance with the law and drawing up a protocol on the fact of a violation.

To whom and how to complain?

To punish violators, you must contact the police. To suppress violations in public places such as entrances and staircases, as well as common areas in communal apartments, it is recommended to stock up on video evidence.

Experience of other countries

The experience of Russia's closest neighboring countries shows that they too are actively fighting smoking in public places. Thus, in Kazakhstan, Article 159 of the Code regulates the list of places where smoking is prohibited. Officially, Kyiv approved norms similar to the legislation of the Russian Federation. Minsk is also not lagging behind in this field. As a result, anti-tobacco measures are bearing fruit, which has made it possible to reduce general indicators tobacco consumption.

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.
On the territory of household and commercial 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, for of this rule there is an exception.
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 hookahs with tobacco mixtures is 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.