Nicotine addiction is one of the most common and powerful addictions in the world. The negative impact of smoking cigarettes 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 forms of smoking. 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 No. 15-FZ “On protecting the health of citizens from environmental influences” tobacco smoke and the consequences of tobacco consumption” is commonly referred to in different ways: the law on tobacco smoking, the law on the dangers of smoking, the law on protection from tobacco smoke, the fight against smoking, the anti-tobacco law, etc.
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Federal Law 15 was adopted in Russian Federation in February 2013. This is an extremely relevant and resonant law, which at one time caused a lot of controversy and discussion in society.
In accordance with the World Health Organization's Framework Convention on Tobacco Control, a treaty adopted as a response to the globalization of the tobacco epidemic, Federal Law 15 regulates relations arising in the field of protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption.
Federal Law 173 in the new edition, see
By adopting this law, the Russian Government has decided to thoroughly tackle the problem of smoking in the country and thus solve several problems at once:
- To differentiate between smokers and non-smokers, protecting the interests of the latter;
- Take care of the health of citizens who do not smoke.
- Read the main provisions of Federal Law 59
Law on smoking ban represented by 25 articles. The main aspects specified in the act are:
- Basic concepts used in the law;
- Protecting public health from negative impact tobacco smoke;
- Powers of government bodies in this area (federal, regional and local governments);
- Government interaction with tobacco companies;
- Rights and obligations of individuals and legal entities, as well as entrepreneurs in the field of protecting people’s health from the influence of environmental tobacco smoke;
- Measures to prevent the impact of environmental tobacco smoke on citizens and the organization of measures to reduce the consumption of cigarettes and tobacco;
- Smoking ban in certain rooms and areas;
- Measures to reduce demand for tobacco products, carried out through pricing and tax policies;
- Regulation of the composition of cigarettes and the obligation to disclose it. Requirements for packaging and labeling of tobacco products;
- Informing the population about the dangers of smoking and its danger to others;
- Prohibition of advertising and sponsorship of tobacco, as well as a ban on actions promoting the sale of cigarettes (displayed in media mass media, movies, video clips, etc.);
- Medical assistance provided to stop the consumption of tobacco products. Treatment nicotine addiction, eliminating the consequences of smoking;
- Measures to prevent the illegal sale of tobacco products;
- Restrictions on Trade;
- Prohibition of the sale of tobacco products to minors, as well as the involvement of children in the smoking process;
- State supervision of compliance with the provisions of this law;
- Monitoring and evaluation of the effectiveness of measures implemented to protect public health from smoking and environmental tobacco smoke;
- Responsibility for breaking the law.
The smoking ban law is relatively “young” normative act. However, due to the relevance of the subject of regulation, it was subject to multiple adjustments and additions. The latest edition of the anti-tobacco law dates back to December 2016.
Latest amendments
In 2017, in accordance with certain provisions of Federal Law No. 471 “On Amendments...”, amendments affecting the article on the prevention of illicit trade in tobacco products came into force. Or more precisely - paragraphs 1 and 2 of part one of Article 18 of the law came into force. Now, in order to avoid the illegal sale of cigarettes and tobacco, authorized structures must ensure 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 must be monitored.
In July 2018, parts two and four 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 marking systems and manufacturers' own accounting systems. Authority in this area government agency, as well as the procedure for the exchange of information between specialized regulatory structures are determined by the Government of the Russian Federation.
Part four of Article 18 regulates the issue of verifying the authenticity of special and excise stamps. Control must be carried out by organizations engaged in wholesale and retail trade and authorized bodies. The check is carried out visually or using appropriate instruments using access to the information resource provided by the authority executive power.
If immediately after its publication, the law regulated a small list of places where smoking was punishable by a fine, then by 2017 this list was expanded to the maximum. To date according to Article 12 of Federal Law No. 15 on the smoking ban, It is prohibited to consume tobacco products:
- In public places (places of large crowds of people);
- On the territory (and, accordingly, in the premises) of educational and cultural institutions, as well as sports facilities (schools, universities, colleges, cultural centers, concert halls, theaters, sports palaces, stadiums, etc.);
- Near medical institutions: on the territory of hospitals, clinics, sanatoriums;
- In public transport: both local and long distance(subway, buses, planes, trains, ships). The law prohibits smoking near stops and metro stations, as well as in airports and bus stations (you must maintain a distance of at least 15 meters from the stop or from the entrance to the territory);
- In any public buildings, especially in government agencies;
- In shops, trading floors, as well as in premises intended for the provision of household services;
- In apartment buildings, hostels, hotels. Contrary to established practice, smoking is prohibited in stairwells and elevators - only in the apartment and on your own balcony;
- On the territory of children's playgrounds and public beaches;
- At gas stations, since they are considered areas with a high degree of fire danger;
- While driving a vehicle;
- In the premises of public institutions: restaurants, cafes, bars;
- In various repair offices, workshops and studios.
Smoking is allowed in specially designated places in the open air or in isolated rooms (including premises common use apartment buildings), equipped with ventilation systems. To familiarize yourself with the list of requirements for the allocation of such places and their equipment, you must contact the Russian Federation dated November 28, 2014.
Monitoring compliance with the provisions of the law regarding the ban on smoking in outdoor public places primarily falls on the police. If the violation occurs within the establishment, a fine may also be imposed by law. Fire Department and Rospotrebnadzor.
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 a children's playground - from 2000 to 3000 rubles;
- Involving children in the smoking process 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. Organizations may face a fine of up to 150 thousand rubles.
Download the latest edition of Federal Law 15
It is necessary for all citizens and organizations, without exception, to know the basic provisions in order to become familiar with their own rights and responsibilities.
We tell you how Federal Law 15 on the ban on smoking in public places works: what fines are provided for smokers; where you can and where you can’t “smoke”; Do the restrictions of the smoking law apply to outdoor cafes, balconies and entrances?
Federal Law FZ-15 “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” was adopted in 2013. The Smoking Law has seriously limited the rights of smokers, who have been “pushed out” from restaurants, sports facilities and other public places where it is now prohibited to “smoke.” Amendments have been made to the Administrative Code to tighten penalties for violators of Federal Law No. 15 on the smoking ban. Smokers, as well as organizations that do not comply with established tobacco smoking bans, face serious sanctions. According to Rospotrebnadzor, in the first half of 2017 alone, Russians were fined 60 million rubles as fines for smoking in a public place, as well as for other violations of Federal Law 15.
Let us tell you in more detail how the “anti-tobacco law” works: where you can and cannot smoke.
Where you can't smoke according to the new law - 2019-2020.
A rather impressive list of places where tobacco use is prohibited is contained in Art. 12 Federal Law-15 on the smoking ban. No smoking:
- in arr. and educational organizations (schools, technical schools, nurseries, etc.) - the ban applies not only to the premises, but also to the surrounding area;
- in cultural and sports facilities (circuses, philharmonic societies, stadiums, etc.)
- in medical institutions, including clinics, hospitals and sanatoriums;
- on any type of public transport, both urban and suburban, and long-distance (trains, ships, airplanes, etc.) - the ban applies to train platforms and bus stops;
- at a distance of less than 15 meters from train stations, airports and other transport facilities;
- in hostels, dormitories, hotels and other buildings where accommodation services are provided to citizens;
- in premises for trade and provision of services;
- in buildings where social institutions and services are located;
- in buildings where executive and legislative authorities at different levels are located;
- smoking in the workplace;
- in elevators and other public places of apartment buildings;
- on playgrounds and beaches;
- You can't smoke at gas stations.
As can be seen from the list, the law banning smoking in public places quite strictly limited the rights of smokers. If previously they could safely smoke in a cafe, in their office, in the vestibule of a train, now in these places, by law, there must be a smoking ban sign. If you ignore the restriction, you risk getting a fine for smoking in a public place.
Where can?
The principle applies here: everything that is not prohibited is permitted. Therefore, before putting a cigarette into his mouth, the smoker needs to make sure that he is in a place where the smoking ban does not apply. Restrictions do not apply to:
- outdoor places away (more than 15 meters) from public institutions, transport stops, sports and cultural facilities;
- isolated residential premises for personal use (you cannot prohibit a person from smoking in his toilet; the law says nothing about smoking on the balcony of his apartment);
specially equipped places for smoking, they are also smoking rooms, which can be organized both at the enterprise and in cafes, in apartment buildings and other buildings.
What should a smoking room look like in 2019?
The requirements for the organization of specially designated smoking areas are established by the law on smoking in public places. These rules have not changed in 2018 and 2019.
An outdoor smoking room should have:
- “smoking area” sign;
- lighting at night;
- ashtray.
An indoor smoking room should:
- be isolated so that non-smoking employees do not smell smoke;
- have ventilation (for similar purposes);
- sign “Smoking area”;
- ashtray;
- fire extinguisher.
Fine for smoking in a public place - how much to pay in 2019-2020?
The Code of Administrative Offenses has several articles that provide for punishment in the form of fines for violating the smoking ban and other restrictions established by Federal Law-15:
- Article 6.23 provides for a fine for involving minors in smoking tobacco: from 1,000 to 2,000 rubles for citizens; from 2,000 to 3,000 rudders for the child’s parents. This violation includes the purchase of cigarettes for teenagers, “treating” them with tobacco products, and other violations;
- Article 6.24 provides for a fine for smoking in a public place - from 500 to 1000 rubles. A more severe penalty is provided for smoking on the playground - from 2,000 to 3,000 rubles;
- Article 6.25 provides for liability for officials, legal entities and individual entrepreneurs for violating the law on smoking in terms of organizing specially equipped places for smokers or for ignoring the restrictions established by law. The minimum fine is 10,000 rubles, the maximum is 90,000 rubles.
Answers to popular questions
Is it possible to smoke in a summer cafe?
It is forbidden. This is the position of Rospotrebnadzor, outlined in letter dated June 18, 2014 N 01/6906-14-25. In establishing this ban, the regulatory authority proceeded from the fact that both the veranda and the terrace of the summer cafe are also used to provide catering services, and therefore are part of the premises.
Where can you smoke at the airport?
At the Airport you can smoke in a special isolated smoking room, which is equipped with an exhaust hood, an ashtray and meets all the requirements of Federal Law 15 on the ban on smoking in public places. Such smoking rooms are equipped at most airports in the world, including Russian ones: Domodedovo, Vnukovo, Pulkovo. If the smoking room is closed, then smoking is allowed no closer than 15 meters from the airport.
Is it possible to smoke on the balcony of your apartment?
No restrictions have yet been established on smoking on the balcony of your own apartment, although such initiatives arise from time to time. However, if the smoke from a smoker neighbor prevents one from living normally, a citizen has the right to file a civil lawsuit against him demanding compensation for damage. In court, you will have to prove that your neighbor’s smoking is harmful to health and creates obstacles to the normal use of the living space. To fix a violation sanitary standards You can invite specialists from Rospotrebnadzor. It will take a lot of time to collect all the necessary evidence, and the prospects for a claim are vague, but there is still such a possibility in the law.
to the Code of the Russian Federation on Administrative Offences,
regarding the introduction of liability for non-compliance with the Federal Law
“On protecting the health of citizens from exposure to environmental tobacco smoke and
consequences of tobacco consumption."
Article 12 of Federal Law No. 274 - Federal Law“On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption”, establishes a ban on smoking tobacco in certain areas, premises and facilities.
Part 1. To prevent the impact of environmental tobacco smoke on human health, smoking tobacco is prohibited (except for the cases established by part 2 of this article):
in territories and premises intended for the provision of educational services, services by cultural institutions and institutions of youth affairs bodies, services in the field of physical culture and sports;
in territories and premises intended for the provision of medical, rehabilitation and sanitary-resort services;
on long-distance trains, on ships on long-distance voyages, when providing passenger transportation services; (effective from June 1, 2014)
on aircraft, on all types public transport(public transport) urban and suburban traffic (including on ships when transporting passengers on intracity and suburban routes), in outdoor places at a distance of less than fifteen meters from the entrances to the 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, sea ports, river ports intended for the provision of passenger transportation services;
in premises intended for the provision of housing services, hotel services, temporary accommodation services and (or) provision of temporary accommodation; (effective from June 1, 2014)
in premises intended for the provision of consumer services, trade services, public catering, market premises, in non-stationary retail facilities; (effective from June 1, 2014)
in social services premises;
in premises occupied by state authorities and local governments;
at workplaces and in work areas organized on premises;
in elevators and common areas of apartment buildings;
on playgrounds and within the boundaries of areas occupied by beaches;
on passenger platforms used exclusively for boarding and disembarking passengers from trains during their transportation in suburban services; (effective from June 1, 2014)
at gas stations.
Part 2. Based on the decision of the owner of the property or another person authorized by the owner of the property, smoking tobacco is allowed:
in specially designated places in the open air or in isolated rooms that are equipped with ventilation systems and are organized on ships on long voyages when providing services for the transportation of passengers;
in specially designated areas in the open air or in isolated common areas of apartment buildings that are equipped with ventilation systems.
For persons in pre-trial detention centers, other places of forced detention or serving sentences in correctional institutions, protection from the effects of environmental tobacco smoke is provided in the manner established by the federal executive body authorized by the Government of the Russian Federation in agreement with the federal body of state policy and legal regulation in the field of healthcare.
To designate territories, buildings and objects where tobacco smoking is prohibited, a smoking ban sign is accordingly placed, the requirements for which and for the placement procedure are established by the federal executive body authorized by the Government of the Russian Federation.
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 indoors.
On November 15, 2013, the Federal Law of October 23, 2013 No. 274 - Federal Law “On Amendments to the Code of Administrative Offenses of the Russian Federation and the Law “On Advertising” comes into force in connection with the adoption of Federal Law No. 15 Federal Law of February 23, 2013.” On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” was declared invalid, part 3 of article 1.17 of the Code of Administrative Offenses of the Russian Federation, and therefore amendments were made to article 1 of article. 23.3 Code of Administrative Offenses of the Russian Federation.
Please note that before amendments are made to the order of the Ministry of Internal Affairs of Russia dated May 5, 2012 No. 403 “The powers of officials of the system of the Ministry of Internal Affairs of Russia to draw up reports on administrative offenses and administrative detention”, the powers to draw up reports on administrative offenses under the above articles not endowed employees PPSP, OVO, PDN, LRR.
| Article title | Anticipated sanctions | The body authorized by the Code of Administrative Offenses of the Russian Federation to draw up protocols on administrative offenses | Body authorized by the Code of Administrative Offenses of the Russian Federation to consider cases of administrative offenses |
| Article 6.23. Involving a minor in the process of tobacco consumption: | Administrative penalty | KDN, POLICE | KDN |
| Part 1.– Involvement of a minor in the process of tobacco consumption | Administrative fine for citizens in the amount of one thousand to two thousand rubles | KDN, POLICE | KDN |
| Part 2.– The same actions committed by parents or other legal representatives of a minor | | KDN, POLICE | KDN |
| Article 6.24. Violation of established federal law banning tobacco smoking in certain areas, premises and facilities | Administrative penalty | POLICE OTHER BODIES Article 23.34 (state supervision) | POLICE (regarding administrative offenses committed in public places) BOSS,
OTHER BODIES Article 23.13 (sanitary and epidemiological well-being) Article 23.34 (state supervision) Article 23.36 (supervision in the field of transport) Article 23.55 (supervision in the field of public utilities) |
| Part 1.– Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities, except for the cases provided for in Part 2 of this article | Administrative fine for citizens in the amount of five hundred to one thousand five hundred rubles | POLICE (regarding administrative offenses committed in public places) OTHER BODIES Article 23.13 (sanitary and epidemiological well-being) Article 23.34 (state supervision) Article 23.36 (supervision in the field of transport) Article 23.55 (supervision in the field of public utilities) | POLICE (regarding administrative offenses committed in public places) BOSS, HEADS OF LOVDT, D/CH, D/CH LOVDT, UUP, OTHER BODIES Article 23.13 (sanitary and epidemiological well-being) Article 23.34 (state supervision) Article 23.36 (supervision in the field of transport) Article 23.55 (supervision in the field of public utilities) |
| Part 2.– Violation of the ban on smoking tobacco on children's playgrounds established by federal law | Administrative fine for citizens in the amount of two thousand to three thousand rubles | POLICE (regarding administrative offenses committed in public places) OTHER BODIES Article 23.13 (sanitary and epidemiological well-being) Article 23.34 (state supervision) Article 23.36 (supervision in the field of transport) Article 23.55 (supervision in the field of public utilities) | POLICE (regarding administrative offenses committed in public places) BOSS, HEADS OF LOVDT, D/CH, D/CH LOVDT, UUP, OTHER BODIES Article 23.13 (sanitary and epidemiological well-being) Article 23.34 (state supervision) Article 23.36 (supervision in the field of transport) Article 23.55 (supervision in the field of public utilities) |
| Article 6.25. Failure to comply with the requirements for a smoking ban sign, for the allocation and equipping of special places for smoking tobacco, or failure to fulfill obligations to monitor compliance with legislation in the field of protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption | Administrative penalty | OTHER BODIES Article 23.13 (sanitary and epidemiological well-being) Article 23.34 (state supervision) Article 23.36 (supervision in the field of transport) Article 23.55 (supervision in the field of public utilities) | OTHER BODIES Article 23.13 (sanitary and epidemiological well-being) Article 23.34 (state supervision) Article 23.36 (supervision in the field of transport) |
