Smoking ban in public places law. Electronic cigarette smoking law. Where are you not allowed to smoke tobacco?

06.10.2021

The Ministry of Health will ban hookahs in cafes, extend the working hours of employees who smoke, and make it impossible for those born after 2015 to buy tobacco. The department has developed such a plan for the next five years.

A future without smoke

The Ministry of Health has prepared a concept for the fight against smoking from 2017 to 2022. As stated in the document, a copy of which is at the disposal of RBC, the project was sent for approval to 18 departments, including the Ministry of Finance, the Ministry of Economic Development and the Ministry of Internal Affairs. After that, the concept must be approved by the government. So far, the document has not been seen in the Cabinet of Ministers, a source in the White House staff told RBC.

The concept was not officially published, but the authenticity of the RBC document was confirmed by the press secretary of the Minister of Health Oleg Salagai, who is one of the authors: his signature is under the project.

The plan of the Ministry of Health was developed in accordance with the Framework Convention on Tobacco Control, which entered into force in 2005 at the initiative of the World Health Organization (WHO). The concept should replace the previous version of the document, which was in force in 2010-2015, explained RBC in the press service of the department.

As the authors of the project note, justifying the need for such a concept, smoking is the cause of 10% of deaths in the adult population. Every year, tobacco kills 5.4 million people in the world and from 300,000 to 400,000 people in Russia. Tobacco is associated with the development of oncology, diseases of the respiratory system and heart, loss of hearing, vision, increased risk of infertility and miscarriages, as well as the development of impotence, the document says.

The text emphasizes that the measures already taken by the Ministry of Health have led to a decrease in the percentage of smokers from 39% of the adult population of Russia in 2009 to 33% in 2016. This level is still catastrophically high, the department believes, so the goal of the concept is to achieve a reduction of up to 25% by 2022. Men lose an average of nine years of life due to smoking, while women lose five and a half years. The lost profit of GDP is 2%.

In addition, the Ministry of Health wants to increase the number of places where you can not smoke. The ban will apply to communal apartments, all types of public transport, stops and the surrounding area within a radius of three meters. The ban will include the same area at the entrances to the buildings of shopping centers, underground and ground crossings, and even personal vehicles if there are children in it. In addition, the smoker will be required to extinguish the cigarette in the presence of any person who objects to smoking.

The tightening will affect sellers and consumers of electronic cigarettes and other "electronic nicotine delivery devices" that are not drugs.

Excises and packaging

The concept will directly affect the manufacturers. In 2016, the minimum excise rate on cigarettes was RUB 1,680. for 1 thousand pieces This is 33.6 rubles. for one pack. In 2017, up to 1930 rubles. for 1 thousand pieces Now one package accounts for 38.6 rubles. This is a little more than 40% of the retail price of products. The excise tax recommended by WHO should be 70% of the price, and the Ministry of Health intends to strive for this indicator.

Another benchmark for the Ministry of Health is the average excise tax in European countries. There it is $2.38, or 185 rubles, per pack. According to the department's calculations, if the Russian figures are brought up to the European average, the budget will receive an additional 900 billion rubles. compared with the fees in 2015, and 2 million people will be saved from premature death.

In 2018, the excise tax is planned to be increased to 3 thousand rubles. for 1 thousand units, in 2020 - up to 4.4 thousand. From 2022, indexation ahead of inflation should be annual.

In 2017, the Ministry of Health also planned to introduce a 10% tax on the retail sale of tobacco products and electronic cigarettes. From 2018, tobacco companies will also have to pay an environmental tax. According to the Ministry of Health, cigarettes are the most common type of waste, and therefore harm the environment.

The Ministry of Health plans to reform the sphere of consumer attractiveness of tobacco products. The agency is going to ban the use of food-flavored and addictive additives in cigarettes, and all packaging must be standardized.

It will not be possible to place trademarks, advertising or promotional information on cigarette packs. Packages will be of the same color, indicating only the name of the product, printed in the established font.

Information about the dangers of smoking, according to the Ministry of Health, will take up at least 65% of the main side of the package. Pictures and inscriptions about the dangers of smoking will be located on the cigarettes themselves.

Tobacco will be required to be stored not just in closed boxes, as is the case today, but in swamp-colored boxes without additional inscriptions and highlights.

Company Prohibitions

In addition to the increase in excises, tobacco companies are waiting for increased control of their activities. They will be prohibited from partnering with government agencies. They will be required to provide information on spending on marketing expenses, lobbying, charitable contributions, etc. Sanctions will be imposed for failure to provide information.

Tobacco company representatives are also prohibited from serving on any public health committees.

Many proposals of this concept are too radical and do not take into account the interests of consumers and the state, says Yana Guskova, director of external corporate relations at British American Tobacco Russia. In her opinion, restrictions on electronic cigarettes are also unjustified. “If we are guided by the interests of consumers and concern for health, the state should stimulate the development of products with a reduced risk to health, and not prohibit them,” she stressed.

The current Russian legislation already contains a large number of prohibitions regarding the production, labeling and circulation of tobacco products, Sergey Kiselev, JTI Vice President for Communications in Russia, noted in a conversation with RBC. “Against this background, an attempt to reduce tobacco consumption only by introducing new severe restrictions, without analyzing the effectiveness of existing measures and adjusting them, will not lead to the expected result, but will only undermine the functioning of the legal industry, accelerate the replacement of legal products with cheaper analogues from the shadow market and in As a result, it will undermine the stability of tax deductions to the budget,” he concluded.

Nicotine addiction is one of the most widespread and powerful addictions in the world. The negative impact of cigarette smoking is not so obvious from the outside, because smoking in the perception of the majority remains nothing more than a bad habit. However, according to the World Health Organization, smoking kills more lives than all other bad habits (including alcoholism) combined.

No less dangerous is the phenomenon of passive smoking. This fact was one of the reasons for the adoption of the so-called "anti-tobacco" law in Russia - a law that primarily prohibits smoking in public places.

General provisions of the law

Federal Law N 15-FZ “On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption” is commonly referred to in a different way: the law on tobacco smoking, the law on the dangers of smoking, the law on protection from tobacco smoke, on the fight against smoking, anti-tobacco law, etc.

Latest amendments

In 2017, in accordance with certain provisions of the Federal Law N 471 "On Amendments ...", amendments came into force concerning the articles on the prevention of illegal trade in tobacco products. More precisely - Paragraphs 1 and 2 of the first part of Article 18 of the Law entered into force. Now, in order to avoid the illegal sale of cigarettes and tobacco, the authorized structures must ensure the accounting of the production of products, their movement across the customs border of the Russian Federation and the Customs Union, as well as wholesale and retail sales. In addition, the turnover of equipment involved in the production of these products should be monitored.

In July 2018, Parts 2 and 4 of Article 18 of Federal Law 15 will come into force. Part one states that accounting for the production of tobacco products, their movement across the border of the Customs Union and Russia, the wholesale and retail sale of cigarettes, tracking the turnover of production equipment, as well as the movement and distribution of products is carried out on the basis of tax and customs accounting data, product labeling systems and manufacturers' own accounting systems. The state body authorized in this area, as well as the procedure for the exchange of information between the relevant regulatory structures, are determined by the Government of the Russian Federation.

Part four of Article 18 regulates the issue of authenticating special and excise stamps. Control should be carried out by organizations engaged in wholesale and retail trade and authorized bodies. Verification is carried out visually or with the use of appropriate instruments using access to the information resource provided by the executive authority.

If immediately after its publication, the law regulated a small list of places where a fine is due for smoking, then by 2017 this list was expanded to the maximum. To date according to article 12 of the Federal Law-15 on the prohibition of smoking, the consumption of tobacco products is prohibited:

In public places (places of mass congestion of people);
On the territory (and, accordingly, on the premises) of educational and cultural institutions, as well as sports facilities (schools, universities, colleges, cultural centers, concert halls, theaters, sports palaces, stadiums, and so on);
Near medical institutions: on the territory of hospitals, clinics, sanatoriums;
In public transport: both local and long-distance (metro, buses, planes, trains, ships). The law prohibits smoking near metro stops and stations, as well as in the territories of airports and bus stations (it is necessary to keep a distance of at least 15 meters from the stop or from the entrance to the territory);
In any public buildings, especially in state institutions;
In shops, trading floors, as well as in premises intended for the provision of personal services;
In apartment buildings, hostels, hotels. Contrary to established practice, you can not smoke in stairwells and elevators - only in the apartment and on your own balcony;
On the territory of playgrounds and public beaches;
At gas stations, since they are considered a territory of a high degree of fire hazard;
While driving a vehicle;
In the premises of public institutions: restaurants, cafes, bars;
In various repair offices, workshops and ateliers.

Smoking allowed in specially allocated places in the open air or in isolated premises (including common areas of apartment buildings), equipped with ventilation systems. To get acquainted with the list of requirements for the allocation of such places and their equipment, you must contact the Russian Federation dated 11/28/2014.

Enforcement of the provisions of the law regarding the ban on smoking in public places located outdoors, in the first place, falls on the police. If the violation occurs within the institution, the Fire Service and Rospotrebnadzor may also impose a fine under the law.

Briefly about some penalties provided for violation of this law by the Code of the Russian Federation on Administrative Offenses:

Smoking in a public place - from 500 to 1500 rubles;
Near the playground - from 2000 to 3000 rubles;
Involving children in the process of smoking will cost 1000-2000 rubles for an outsider and 2000-3000 for parents;
Sale of cigarettes to minors - from 3,000 to 5,000 rubles. In this case, organizations may face a fine of up to 150 thousand rubles.

Download the latest version of Federal Law 15

It is necessary for all citizens and organizations without exception to know the basic provisions in order to familiarize themselves with their own rights and obligations.

1. To prevent the effects of second hand tobacco smoke on human health, tobacco smoking is prohibited (except for the cases established by part 2 of this article):

1) in the territories and in the premises intended for the provision of educational services, services by cultural institutions and institutions of youth affairs, services in the field of physical culture and sports;

2) in the territories and in the premises intended for the provision of medical, rehabilitation and sanatorium services;

3) in long-distance trains, on long-distance ships, in the provision of passenger transportation services;

4) on aircraft, on all types of public transport (public transport) of urban and suburban traffic (including on ships when transporting passengers on intracity and suburban routes), in open air places at a distance of less than fifteen meters from the entrances to premises of railway stations, bus stations, airports, seaports, river ports, metro stations, as well as at metro stations, in the premises of railway stations, bus stations, airports, seaports, river ports, intended for the provision of passenger transportation services;

5) in premises intended for the provision of housing services, hotel services, services for temporary accommodation and (or) provision of temporary accommodation;

6) in premises intended for the provision of personal services, trade services, public catering, market premises, in non-stationary trade facilities;

7) in the premises of social services;

8) in premises occupied by public authorities, local governments;

9) at workplaces and in working areas organized on the premises;

10) in elevators and common areas of apartment buildings;

11) on playgrounds and within the boundaries of territories occupied by beaches;

12) on passenger platforms used exclusively for boarding trains, disembarking passengers from trains during their transportation in suburban traffic;

13) at gas stations.

2. Based on the decision of the owner of the property or another person authorized by the owner of the property, smoking of tobacco is allowed:

1) in specially allocated places in the open air or in isolated premises, which are equipped with ventilation systems and organized on ships on a long voyage, when providing passenger transportation services;

2) in specially allocated places in the open air or in isolated common areas of apartment buildings that are equipped with ventilation systems.

3. The requirements for the allocation and equipping of special places in the open air for smoking tobacco, for the allocation and equipment of isolated rooms for smoking tobacco are established by the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of construction, architecture, urban planning and housing and communal services, together with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of healthcare, and must ensure compliance with the hygienic standards established in accordance with the sanitary legislation of the Russian Federation for the content of substances emitted in the atmospheric air during the consumption of tobacco products.

4. Persons in pre-trial detention centers, other places of forced detention or serving sentences in correctional institutions shall be protected from the effects of second hand tobacco smoke in the manner established by the federal executive body authorized by the Government of the Russian Federation in agreement with the federal executive body exercising the functions on the development and implementation of state policy and legal regulation in the field of healthcare.

5. To designate territories, buildings and facilities where tobacco smoking is prohibited, a smoking ban sign is accordingly placed, the requirements for which and for the placement procedure for which are established by the federal executive body authorized by the Government of the Russian Federation.

6. State authorities of the constituent entities of the Russian Federation have the right to establish additional restrictions on tobacco smoking in certain public places and premises.

Everyone knows what irreparable damage to health causes smoking. Moreover, in the most unpredictable way, this harmful addiction can affect the physical and mental development of our children, and all subsequent generations. Realizing the threat this addiction poses to the nation, the Russian government has developed a new law to combat smoking. Compared to previous years, this decree is designed to more severely punish those who allow themselves to smoke in public places, thereby negatively affecting not only their body, but also the health of others.

Federal Law No Smoking in Public Places

It was adopted back in February 2013 and has since received a great public outcry, primarily because of the rather voluminous list of public places where smoking is strictly prohibited. Also, because of the significantly increased amount of penalties for violating the rules. The text of the rules provoked their active discussion on the Internet and in the media.

The main article of the law on the prohibition of smoking in public places - a summary

The law of the Federation entered into force on June 1, 2014. The summary of his main article states that cigarettes are forbidden to smoke:

In public transport - metro, trains, buses, trolleybuses, trams, etc.;
On the platforms of railway and bus stations;
At public transport stops;
In shops, restaurants, cafes, bars and public food outlets;
On playgrounds;
In proximity to kindergartens, schools, technical schools, universities and other educational institutions;
In parks and squares;
In the entrances and elevators of apartment buildings.

In addition, an excerpt from the act sounds like this - you can not light cigarettes closer than 15 meters from the entrance to buildings and institutions.

Does the law apply to electronic cigarettes?

In light of recent innovations, many smokers are tormented by the question, does Law No. 15 apply to electronic cigarettes? The text of the state act itself refers only to tobacco products and hookahs, the principle of the impact of which on others occurs due to the emission of harmful tobacco smoke. As for the electronic device, the scheme of its operation is somewhat different - due to the built-in internal chip, the smoke is absorbed and does not go outside.

Therefore, such a cigarette does not produce a direct threat to people nearby. Responsibility for the use of such devices in our country is not provided. But the moral aspect of the problem is quite another matter. After all, a smoker, even an electronic device, promotes an unhealthy lifestyle, especially among children who observe the process. Therefore, smoking such products on the territory of playgrounds, parks, gardens is a matter of everyone's conscience.

Does the law apply to hookah?

The theme of the hookah is a special one in the content of the bill. This device must not be used indoors at all. The hookah is designed for outdoor smoking. Therefore, all institutions where it was used now need to refuse to provide this service to their customers, or to equip open summer areas.

When did the smoking law go into effect - how does it work?

The current project has already entered into force and is actively working. Control over its observance is entrusted to law enforcement agencies and local municipalities. In addition to the smoker himself, the owners of those establishments where smoking occurs are responsible for its implementation. At all enterprises and organizations in a conspicuous place there should be an announcement for workers and employees about the rules for the consumption of tobacco and tobacco products, a special sign, as well as a photo about the dangers of this habit.

What threatens for breaking the law - fines 2018

For violation of the law of the Russian Federation, punishment in the form of fines is provided. At the same time, monetary sanctions are quite severe, and their entry into force caused the most controversial comments. Thus, penalties against individuals in Moscow, St. Petersburg and other cities of Russia are equivalent to an amount of 1,500 to 2,000 rubles. For heads of enterprises violating the ban, it is even higher - up to 150,000 rubles and more. There are no ways to circumvent the decree, and its cancellation is not expected in the near future.

Where is it legal to smoke?

The law prohibiting smoking is a positive decision taken at the state level. Its implementation is associated with certain difficulties, and it is not always possible to implement its norms in real life.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

But in general, its provisions are acceptable to the majority of citizens and must be strictly observed.

Initial Information

Federal Law No. 15 "On the protection of the health of citizens from the effects of second hand tobacco smoke ..." came into force on February 23, 2013.

Its acceptance was almost unanimous. There are a lot of grounds that served as an incentive for the development of this law.

Why was the bill created?

Statistics collected annually show that almost 500,000 citizens of the country die from cancer and other diseases caused by addiction - smoking or smoke inhalation - inhalation of cigarette smoke.

Such horrific statistics were one of the main reasons for the creation of the bill, which was another step designed to improve statistics, reduce the harmful effects on the health of this product and its consequences, and improve the quality of life of the country's citizens.

Photo: smoking ban in public places

The implementation of this law also helps to promote a healthy lifestyle and educate the younger generation who do not have such bad habits.

Improving the nation through the introduction of this standard is also the implementation of the requirements of the Framework Convention, which was adopted by the World Health Organization in order to combat smoking.

One of its parties is Russia, which has joined this initiative since May 11, 2019. Thus, the new law allows at the international level to fulfill obligations in combating smoking, reducing the number of deaths caused by tobacco.

The “anti-tobacco” law was perceived ambiguously in the country, as it concerns not only smokers, but also manufacturers of this product.

Where are you not allowed to smoke tobacco?

With the introduction of this standard in 2013, smoking is prohibited in educational institutions, medical institutions, sanatorium-type institutions, in buildings that house state authorities, municipal institutions, and social services.

Also, the ban was introduced in all types of public, suburban passenger transport, at the entrances of houses. He also touched planes, railway stations, metro stations.

It is considered natural to ban smoking in sports and cultural and educational institutions, at enterprises, in children's, beach areas.

Since the beginning of June 2014, smoking has been banned in railway trains, on ships that deliver passengers over long distances.

A banning verdict was issued regarding smoking in cafes, hotels, restaurants, on the territory of trade facilities, markets, on platforms from which commuter trains depart.

Normative base

In addition to Law No. 51-FZ, there are a number of regulations in Russia related to the prohibition of smoking:

Federal Law No. 274 of October 21, 2013, which amended the Code of Administrative Offenses in terms of penalties for violating the requirements of Law No. 15;
Government Decree No. 1563-r dated 23.09.10;
Order of the Ministry of Health of the Russian Federation No. 214-n dated May 12, 2014, which approved the requirements for a sign prohibiting smoking and its placement.

Functioning of plant No. 15 on the ban on smoking in public places

A ban can work if there are effective mechanisms for its implementation and enforcement. Relevant norms are called upon to reinforce such an initiative, which will make it possible to implement punishment for non-compliance with the law in this area of activity.

The law, which is often called "anti-tobacco", provides in article 23 for disciplinary, civil and administrative liability for violation of its requirements.

During the implementation of law No. 15, there will be practically no places where citizens of the country are used to smoking.

It will be possible to use tobacco products only at home, on the streets, which are not covered by the ban.

Polls conducted a few years ago as part of GATS showed that in the Russian Federation almost 44 million citizens, or 39% of adults, constantly smoke tobacco. Many of them are skeptical about the ban, believing that the law will not work.

Which authorities monitor compliance

Smokers should familiarize themselves with the list of places covered by the smoke-free law and try to comply with it.

But if a person is convicted of a violation, you need to remember that in the Russian Federation the condition of the presumption of innocence is still valid, which is enshrined in part 2 of article 1.5 of the Code of Administrative Offenses.

Accordingly, it is still necessary to prove that there has been a violation of the law, and the party accusing the smoker must provide strong evidence of this fact.

An indisputable fact can only be the circumstance in which a person was caught by the hand while smoking.

Unscrupulous citizens who violate the requirements of the law on the prohibition of smoking are required to bring to administrative responsibility the following authorities:

policeman;
precinct.

To prove the fact of smoking in a place prohibited by law, it is necessary not only to provide the testimony of witnesses.

Therefore, there are certain difficulties with the collection of evidence for the prosecution. If a person accused of smoking in the wrong place does not want to agree with the administrative violation report drawn up against him in accordance with the law, it can be challenged in court.

He also has the right to challenge the actions or lack thereof from government officials, as well as officials, state or municipal employees, if a person believes that his rights have been violated.

This norm is spelled out in Article 254 Part 1 of the Code of Civil Procedure of the Russian Federation. The issue of using video and photographic fixation of the violation should also be approached very carefully, as this is associated with a possible violation of privacy in accordance with the requirements of the Constitution of the Russian Federation (Article 23).

If the evidence base is collected in violation of the requirements of the law, it cannot have a legal basis. Therefore, the judicial authority will not accept them for consideration (Article 55, part 2 of the Code of Civil Procedure of the Russian Federation).

In this regard, many people ignore the requirements set forth in the "anti-tobacco" law and other regulations, since violators are confident in their impunity, and from the side of citizens who reveal such facts, one can only hear comments, beyond which no one does anything, since this associated with the expenditure of time, effort and nerves.

But if, nevertheless, the offender was caught red-handed, caught on a supermarket camera or legally installed in the entrance, he faces a fine or going to court.

Neighbors on the landing can also catch a smoker interfering with tobacco smoke and cigarette butts scattered around the entrance.

To do this, it is enough to call the district police officer and record the fact of smoking in his presence. He must also conduct a poll of neighbors and make his decision.

Opponents of smoking can influence the violator in the following ways:

warn him about the ban on smoking in this place, hand over an excerpt from the law as a keepsake;
hang announcements indicating the points of the standard that introduced the ban;
in the absence of a reaction to these actions, you need to call the district police officer, give them a written statement. If the police refuse to respond to this case, you can file a complaint with the prosecutor's office.

Amount of the fine

Due to the fact that not only ordinary citizens must monitor compliance with the norms of Federal Law 15 on the prohibition of smoking, but also legal entities and officials, the law also provides for the imposition of fines on them. Administrative penalties range from:

Photo: fines for violations of the anti-tobacco law

Recent revisions

In 2019, new provisions of the Federal Law No. 15 came into effect. Among them, the following innovations are worth noting:

mandatory registration of tobacco products imported from abroad and produced in Russia;
control of equipment for the tobacco industry, which is produced in Russia;
authenticity control of excise and special marks for tobacco products;
checking the movement of tobacco products within the country.

Law No15-FZ is a necessary legal act designed to benefit smokers and those who are forced to coexist with citizens who have such a bad habit.

But judging by the sales of tobacco products, the consumption of which decreased slightly (by 6-8% in 2017), it is not yet necessary to talk about serious results of its introduction.

The success of this law depends largely on the consciousness of every citizen, timely response to violations, assistance to law enforcement agencies, and the adoption of effective measures to eliminate the identified problems.