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How to punish a smoker on the Law
How to punish a smoker on the Law
In Russia, more than 44 million smokers (about 40% of the adult population). The state has decided to deal with these appalling figures – June 1, 2013 entered into force on the base part 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 disbelief – is the fruit of misunderstanding.
This article is for those who do not smoke and those who will not part with a cigarette. First become familiar with the basic provisions of the anti-smoking law, their rights and legal way to protect them. Second predosteregut themselves from misconduct and protect against unfounded attacks “fighters with smokers.”
Smoking – harm to health
This Soviet slogan – moral and ethical context of the Federal Law № 15 “On protection of public health from exposure to environmental tobacco smoke and the consequences of tobacco consumption”, adopted February 13, 2013 and entered into force (in the base part) on 1 June of the same year.
But we should not think that before the state encouraged smoking. Bans on smoking in some public places and in the Federal Law № 87 “On Restriction of Tobacco Smoking” from July 10, 2001 (some of its provisions will be in effect until the full entry into force of the new law).
The principal difference between these instruments is available and, consequently, the absence of administrative responsibility. If the law of 2001 contained only formal prohibitions (smoking is bad, ata-ta!), The new anti-smoking law provides real punishment.
Its development began in the summer of 2011, and at this stage it has caused huge public outcry. Parliamentarians, journalists and ordinary citizens themselves hoarse arguing if they need anti-smoking law in Russia. In a country where cigarettes – no addiction, and “invitation to talk” reason for dating and in the end, “a source of inspiration.”
No wonder that, after the adoption, decided to gradually introduce the law. As already mentioned, June 1, 2013 entered into force on the base part – trade ban cigarettes near schools, their sale to minors, a ban on smoking in educational, recreational, sports and cultural facilities, elevators, railway stations and other public places.
June 1, 2014 list of “non-smoking” objects expand – Post cafes, restaurants, markets, and long-distance trains.
January 1, 2017 will earn new rules on illicit trade in tobacco products and tobacco.
According to experts, after the full implementation of the law in effect, the average cost of one pack of cigarettes will reach 5 euros in ruble terms (about 225 rubles). Excise taxes will flow to the federal budget, which will be a new line item – “anti-smoking”.
Another important date associated with this law – November 15, 2013. On this day, amendments to the Code of Administrative Offences (and some other legal acts), which launched the mechanism of real responsibility.
However, first things first. First, consider the main provisions of FZ-15.
Ministry of Health warns …
In Europe, anti-smoking laws – the phenomenon of long-standing and normal. Europeans are accustomed to strict bans on smoking.
Federal Law “On protection of public health from exposure to environmental tobacco smoke and the consequences of tobacco consumption” has been adopted in accordance with the WHO Framework Convention on Tobacco Control, ratified by Russia in 2008.
In address lawmakers repeatedly been accused of pandering to the West and the isolation of the law of the Russian reality. Greatest discontent caused divisiveness and evaluative some concepts used in the text.
Thus, a ban on smoking at playgrounds, but in any legal act does not define what is “playground” (fully equipped and fenced area or just outside the house rocker?). Same with the beaches. The law meets the definition of a medicinal beaches, but what about the city or private water-sand recreation areas?
However, Article 2 of the new anti-smoking law to give some definition. For example, what is the “tobacco smoking”, “tobacco sponsorship”, “environmental tobacco smoke” and others.
Environmental tobacco smoke – tobacco smoke contained in the air space, which is carried out or carried out before smoking tobacco, including tobacco smoke exhaled by the person performing the smoking of tobacco.
In an effort to protect citizens from the harmful effects of environmental tobacco smoke, the legislator gives them the following rights (Article 9):
right to a healthy living environment smoke-free;
right to health care, aimed at treatment of tobacco dependence;
the right to receive information about tobacco control;
the right to social control of tobacco control;
the right to make proposals for tobacco control;
and the right to compensation for damage caused to life or health, as well as property, due to violations of other individuals and entities anti-smoking legislation.
When the citizens must (Article 9):
comply with anti-smoking legislation;
forming a negative attitude to smoking in children;
violate the right of citizens not to smoke-free environment (no smoking in public places).
The main provisions of the law
1. Ban smoking in public places.
One of the rule of law states that everything that is not prohibited by law. Under the new anti-smoking law can smoke only at home in a private car on the street (not all!) And in designated areas.
You can not smoke:
in schools, colleges and universities;
in hospitals, clinics;
all kinds 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.
Full list of “non-smoking” objects is given in Article 11.
To designate areas, buildings and sites where tobacco smoking is prohibited, respectively located sign smoking ban.
2. A ban on the sale of cigarettes in kiosks.
Buy cigarettes can only be in stores or shopping pavilions with salesroom.
At the same time, cigarettes will be removed from display cases, as “prohibited retail tobacco products with computation and demonstration” (Article 19). Instead, there will be in stores with an assortment of lists of tobacco products, where black and white written the name and price. No pictures.
It is assumed that the smoker should read this list and ask the seller desired cigarettes.
3. Ban on tobacco advertising.
A comprehensive ban on tobacco advertising, promotion and sponsorship, as well as a complete ban on tobacco products and a demonstration of smoking, for children and adolescents.
You can not give away cigarettes and play within advertising campaigns and promotions. You can not carry out activities which acts as prizes tobacco products.
But the most hotly-contested Paragraph 2 of Article 16, which prohibits the promotion of tobacco use in works of art (oh, this “immoral” Wolf of, “Well, wait a minute!”).
4. Ban tobacco use by minors.
Banned trade in cigarettes near educational institutions. You can not sell single cigarettes. Forbidden to sell cigarettes to minors. You can not “treat” children cigarettes and attach them to smoke.
Algorithm combat smoker
So, the new anti-smoking law gives citizens a wide range of non-smokers rights, but not everyone knows how to put them into practice.
It is not clear how to act when a person smokes at a bus stop: call the police and grab the offending hand? Also unlikely someone will contact random passengers on the train.
Most likely to prosecute citizens who break the law regularly.
So if your neighbor smokes on the landing and you poison tobacco smoke:
Warn him about responsibility, ask to stop illegal actions or post an announcement. At the same time, do not be unfounded – is an excerpt of the law and indicating measures of responsibility.
If the “smoke the pipe of peace” will not work, and the neighbor will continue to break the law, contact the law enforcement agency. Specifically – to the district. Write a statement. Provide evidence (testimony, photos and video). The divisional officer must conduct an administrative investigation and file a report.
In case of refusal of the police officer to take a statement, contact the prosecutor’s office.
Smile! You remove a hidden camera!
How to prove that a neighbor smokes on the site? Precinct will not be on duty in the entrance to catch the offender’s hand.
The law is just starting to act as policemen have already recognized – their human and institutional resources are insufficient to (at least) to capture all cases of smoking in the wrong places. Peace officers appeal to civic consciousness of the population.
Here that is born another legal dilemma associated with the new anti-smoking law.
On the one hand, photography and videography – hardly any only way to prove a violation of the law. Especially as the audio, video and photographs attached to the cases of accidents or hooliganism and by the courts as evidence.
In addition, the staircase – a common space tenants of an apartment building and 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 privacy, 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 consider shooting smoker covertly illegal.
“What about surveillance cameras, which are found on every corner now?” – You ask. In places where the pictures are, installed (at least, must be installed) signs warning of this, therefore, a citizen gives tacit consent to the shooting – fend off defenders.
Thus, the question of whether it is possible to shoot smokers on the camera or mobile phone, remains controversial. Most likely, the photos and videos will be used. But remember, if, taking the neighbor through the keyhole, to record the conversation gets containing his personal or family secrets, you yourself can bring to justice.
Speaking of her. Article 23 of the Law “On protection of public health from exposure to environmental tobacco smoke and the effects of tobacco use,” There are three types of liability for violation of anti-smoking legislation:
Disciplinary liability applies to the employee in accordance with Chapter 30 of the Labor Code. In this case, a ban on smoking in the workplace should be installed in local acts of the organization.
Civil liability provided for in part compensation for the harm caused to life or health, due to not preserve its rights to a healthy living environment without environmental tobacco smoke and the protection of his health from exposure to environmental tobacco smoke and the effects of tobacco consumption.
Administrative responsibility is to impose penalties in the following amounts:
from 1000 to 2000 rubles (for parents from 2000 to 3000 rubles) – involving a minor in the process of tobacco consumption (Article 6.23 of the Administrative Code);
from 500 to 1500 rubles – smoking in the wrong place (Part 1 of Article 6.24 of the Administrative Code);
from 2000 to 3000 rubles – smoking on the playground (Part 2 of Article 6.24 of the Administrative Code).
In this case, the public does not fade and disputes about whether enough severe penalties to smokers thinking and parted with addiction.
What do you think about this you? And in general, in your opinion, will the effective new anti-smoking law?
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