How to punish the smoker under the Law

In Russia, more than 44 million smokers (almost 40% of the adult population). The state has decided to fight these appalling figures - June 1, 2013 came into force, the base of the so-called anti-smoking law.

At the same time, according to the legal system "Garant", 67% of people do not believe that the law will work. Nihilism - a feature of the legal consciousness of our citizens. But unbelief - it is the fruit of misunderstanding.

This article is for those who do not smoke and those who will not part with a cigarette. First get acquainted with the basic provisions of the anti-smoking law, their rights and the legal means to protect them. The second will warn themselves against misconduct and protection from unfounded attacks "fighters with smokers."

Smoking - health harm

This Soviet slogan - moral and ethical context of the Federal Law №15 «On health protection of citizens from exposure to ambient tobacco smoke and the consequences of tobacco consumption ", adopted on 13 February 2013 and entered into force (in the base portion) On June 1 of the same of the year.

But we should not think that before this, the state encouraged smoking. Bans on smoking in some public places were in the Federal Law № 87 "On Restriction of smoking tobacco, "from July 10, 2001 (some of its provisions will be in force until the full entry into force of the new law).

The principal difference between these acts is available and, accordingly, the absence of administrative responsibility. If the law of 2001 contained only formal bans (smoking is bad, ata-ta!), A new anti-smoking law provides real punishment.

Its development began in the summer of 2011, and at this stage he called a huge public outcry. Parliamentarians, journalists and ordinary citizens themselves hoarse arguing whether Russia needs anti-smoking law. In a country where cigarette - not an addiction, and "invitation to talk", an occasion to meet and, in the end, "a source of inspiration."

It is not surprising that, after the adoption, the law decided to gradually introduce. As already mentioned, June 1, 2013 entered into force on the base part - ban trade in cigarettes near schools, selling them to minors, ban on smoking in educational, recreational, sporting, cultural institutions, in elevators, in train stations and other public places.

June 1, 2014 a list of "non-smoking" objects expand - Add cafes, restaurants, markets, and long-distance trains.

January 1, 2017 will earn the new rules relating to the illicit trade in tobacco products and tobacco.

According to experts, after the full implementation of the law in place, the average cost of 1 pack of cigarettes will reach 5 euros in rubles (about 225 rubles). Excise taxes will come from the federal budget, which will be a new line costs - "the fight against smoking."

Another important date associated with this law, - November 15, 2013. On this day, entered into force amendments to the Code of Administrative Offenses (and some other legal acts), which launched the mechanism real responsibility.

However, first things first. First, consider the main provisions of FZ-15.

Ministry of Health warns ...

In Europe, anti-smoking laws - a long-standing phenomenon, and normal. Europeans accustomed to a strict ban on smoking.

Federal Law "On protection of health of citizens from exposure to environmental tobacco smoke and the consequences of consumption tobacco "was adopted in accordance with the WHO Framework Convention on Tobacco Control, ratified by Russia in 2008 year.

The legislator did not address again been accused of pandering to the West and the isolation of the Act of the Russian reality. The biggest complaint is controversial and evaluation of some of the concepts used in the text.

Thus, the ban on smoking on the playground, but in any legal act is not determining that there is a "playground" (fully equipped and fenced area or a rocker near the house?). Same with the beaches. a definition of medicinal beaches found in the legislation, as well as being a city or private water and sandy recreational areas?

However, Article 2 of the new anti-smoking law provides some definitions. For example, what is a "smoking tobacco", "tobacco sponsorship", "environmental tobacco smoke", and others.

Environmental tobacco smoke - tobacco smoke contained in the air space, in which the or It carried out before the smoking of tobacco, including tobacco smoke exhaled by the person carrying out smoking tobacco.

In an effort to protect the citizens from the harmful effects of environmental tobacco smoke, the legislator gives them the following rights (Article 9):

• the right to a healthy Wednesday of life smoke-free;
• the right to medical assistance aimed at Treatment of tobacco dependence;
• the right to receive information on tobacco control;
• right to public control tobacco control;
• the right to make proposals for tobacco control;
• and entitled to compensationCaused to life or health, as well as the property, due to violations of other individuals and legal entities of anti-smoking legislation.

Wherein citizens must (Article 9):

• to comply with legislation on tobacco control;
• to form a negative attitude to smoking in children;
• does not violate the right of citizens to the environment without tobacco smoke (no smoking in public places).

The main provisions of the law

1. Ban on smoking in public places.

One of the principles is a legal state: everything that is not prohibited by law. Under the new anti-smoking law, smoking is allowed only at home, in a private car on the street (not all!) And in designated areas.

No smoking:

• in schools, colleges and universities;
• in hospitals, clinics;
• sports facilities;
• in cultural institutions;
• on all forms of public transport;
• at bus stops;
• railway stations, airports, sea and river ports (as well as at a distance of 15 meters from the entrance to them);
• in elevators and common areas (stairwells, basements, attics);
• on the beaches;
• at the pump.

Complete list of "non-smoking" objects listed in article 11.

To designate areas, buildings and sites where tobacco smoking is prohibited, respectively, placed the sign banning smoking.

2. The ban on the sale of cigarettes in kiosks.

Buy cigarettes can only be in stores or shopping pavilions with sales area.

At the same time, cigarettes will be removed from the windows, as "prohibited trade in tobacco products with the computation and demonstration" (Article 19). Instead, the stores will be lists with the range of tobacco products, where black and white written the name and price. No pictures.

It is assumed that a smoker should be familiar with this list and ask the seller need a cigarette.

3. A ban on tobacco advertising.

A comprehensive ban on tobacco advertising, promotion and sponsorship, as well as a complete ban on the demonstration of tobacco products and smoking process intended for children and teens.

You can not give away cigarettes and play within advertising campaigns and promotions. It is impossible to carry out activities, where the prize is a tobacco products.

But the most heated debate has caused part 2 of Article 16, which prohibits the promotion of tobacco use in works of art (oh, this "immoral" Wolf of "Just you wait!").

4. Ban tobacco use by minors.

Banned trade in cigarettes near educational institutions. You can not sell single cigarettes. It is forbidden to sell cigarettes to minors. You can not "treat" the children with cigarettes and attach them to smoke.

Algorithm to combat smoker

So, the new anti-smoking law gives citizens a wide range of non-smokers rights, but not everyone knows how to implement them in practice.

It is not clear how to act when a person smokes at a bus stop: call the police and grab the intruder's hand? It is also unlikely someone will communicate with random passengers on the train.

Most likely brought to the responsibility of citizens, systematically violate the law.

So, if your neighbor smokes on the landing and poison you with tobacco smoke:

1. Warn him of responsibility, have to stop illegal actions or to post an announcement. At the same time, do not be unfounded - an excerpt of the law and indicating the measures of responsibility.
2. If the "smoke the pipe of peace" will not work, and the neighbor will continue to break the law, contact law enforcement. Specifically - to the district. Write a statement. Bring proof (testimony, photographs and videos). A district police officer shall conduct an administrative investigation and file a report.

In case of refusal to accept the statement of the police officer, contact the prosecutor's office.

Smile! You remove a hidden camera!

How can I prove that a neighbor smokes on the site? The district will not be on duty at the entrance to catch the offending hand.

The law is just beginning to act, and the police have already recognized - their human and institutional resources are not sufficient to (at least) to record all instances of smoking in the wrong places. Peace officers appeal to civic consciousness of the population.

It is here that is born another legal dilemma associated with the new anti-smoking law.

On the one hand, photo and video shooting - perhaps the only way to prove any violation of the law. Especially because the audio, video and photos are attached to cases of accidents or hooliganism and considered by the courts as evidence.

In addition, the staircase - a place of public tenants of an apartment building, not private property. Shoot and take pictures in public places is not prohibited by law.

On the other hand, Article 23 of the Russian Constitution establishes the inviolability of private life, which is protected by Article 137 of the Criminal Code. Also, there is an article 152.1 of the Civil Code - "Protecting citizen's image."

These standards refer to human rights activists who think shooting a smoker under the counter illegal.

"But what about the surveillance cameras that are found today on every street corner?" - you ask. In places where the survey is conducted are set (at least, must be installed) plaques, warning about that, consequently, a citizen gives tacit consent to the shooting - parry human rights activists.

Thus, the question of whether it is possible to shoot the smokers on the camera or mobile phone, is debatable. Most likely, the photos and videos will be used. But remember, if shooting a neighbor through a keyhole, a record fall conversation containing his personal or family secrets, you can be held liable themselves.

A responsibility

By the way, about it. Article 23 of the Law "On protection of citizens' health from exposure to environmental tobacco smoke and the consequences tobacco consumption, "There are three kinds of liability for violation of anti-smoking legislation:

1. Disciplinary.
2. Civil.
3. Administrative.

Disciplinary liability applies to the employee in accordance with Chapter 30 of the Labor Code of the Russian Federation. At the same time, a ban on smoking in the workplace should be installed in the local acts of the organization.

Civil liability is provided in part of compensation for harm caused to life or health of a citizen, not as a result of ensuring their rights to favorable living environment without any environmental tobacco smoke and the protection of health from exposure to environmental tobacco smoke and the consequences of consumption tobacco.

Administrative responsibility is to impose fines in the following amounts:

• from 1000 to 2000 rubles (For parents from 2000 to 3000 rubles) - involving a minor in the process of tobacco use (Article 6.23 of the Administrative Code of the Russian Federation);
• from 500 to 1500 rubles - smoking in the wrong place (Part 1 of Article 6.24 of the Administrative Code of the Russian Federation);
• from 2000 to 3000 rubles - smoking in the playground (Part 2 of Article 6.24 of the Administrative Code).

At the same time, society is not quenched debate and whether the punishment severe enough to smokers thinking and parted with addiction.

What do you think about it you? And in general, in your opinion, will the effective new anti-smoking law?

Write your opinion in the comments.