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

1) on the 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;

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

3) on long-distance trains, on long-distance vessels, in the provision of services for the carriage of passengers;

4) on aircraft, on all types of public transport (public transport) of urban and suburban communication (including on ships when transporting passengers along 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 the 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 consumer services, trade services, public catering, market premises, in non-stationary trade facilities;

7) in the premises of social services;

8) in premises occupied by state authorities, local authorities;

9) at workplaces and in working areas organized in 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 suburban transportation;

13) at gas stations.

2. On the basis of 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 designated areas in the open air or in isolated rooms that are equipped with ventilation systems and are organized on ships that are on long voyages when providing services for the carriage of passengers;

2) in specially designated areas in the open air or in isolated common areas of apartment buildings, which are equipped with ventilation systems.

3. 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 responsible for the development of 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 health care, and must ensure compliance with the hygienic standards for the content of substances emitted in the atmospheric air established in accordance with the sanitary legislation of the Russian Federation in the process of consuming tobacco products.

4. For persons in pre-trial detention centers, other places of detention or serving a sentence in correctional institutions, protection from the effects of second hand tobacco smoke shall be provided in the manner established by the federal executive body authorized by the Government of the Russian Federation in agreement with the federal executive body performing the functions on the development and implementation of state policy and legal regulation in the field of health care.

5. To designate territories, buildings and facilities where tobacco smoking is prohibited, a smoking prohibition sign shall be placed accordingly, the requirements for which and the procedure for placement of 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 indoors.

According to Law No. 15, it is strictly forbidden to use tobacco products in public places. This definition refers to open areas and buildings with a large crowd of people. Any apartment is classified as "private property" and cannot be included in the list of public places. This means that you can smoke without hindrance, crossing the threshold of your home.

And on the balcony?

If this territory is used only by members of your family, there is no exit from other apartments on it - you can safely use it for smoking. The main thing is not to throw smoldering cigarette butts over the balcony railing and not to put the life and health of other residents of the house at risk in any other way.

And if it disturbs the neighbors?

According to the law, your use of tobacco products should not jeopardize the health of others, contribute to the violation of their rights. If these conditions are not met, the neighbors have the right to write a statement against you to the police or housing department. As a confirmation of the fact of infringement of the rights of citizens, the results of an expert diagnosis of the composition of the air in the apartment of non-smoking neighbors, a medical opinion confirming the presence of asthma or an allergic reaction to combustion products are usually used.

Obtaining the above documents is a complicated, lengthy, but real procedure. Therefore, in order not to aggravate relations with neighbors, we recommend that you install a high-quality ventilation system and ensure the tightness of windows / doors in your apartment.

Otherwise, neighbors can appeal against your smoking and achieve a ban on it - in court, using Articles 1064 and 1065 of the Civil Code of Russia.

Is it possible to smoke in the toilet of my apartment

Please be reminded that a private apartment is not classified as a "public place". That is why Federal Law No. 15 cannot prohibit smoking in any of her rooms, including the toilet.

And if it disturbs the neighbors?

The problem is solved by installing high-quality exhaust ventilation.

Is it possible to smoke IQOS (aikos) in the apartment

E-cigarette smokers are interested in the answer to the question, is it possible to smoke IQOS (aikos) in their own apartment?

Let's start with the fact that a feature of IQO and GLO is the absence of smoke, strong smell, and most importantly, that this smoking article is fireproof and excludes combustion.

In addition, if you live in an apartment alone, then smoke for yourself. And if other household members live with you, then this is another question. So do you want to spoil the health of not only yourself but also them?

It is legal to use IQOS (aikos) in an apartment under a simple condition - it should not bother anyone. That is, the smoke should not bother the neighbors. Otherwise, the apartment is a private area, so the decision is up to you.

Smoking in a rented apartment

First of all, you need to obtain permission to use tobacco products from the direct owner of the leased area. If he does not mind, you can fearlessly smoke in the rented area.

Smoking in a communal apartment

So what if you have to share your space with other tenants / owners? Is it possible to smoke in an apartment with such a development of events? Federal Law No. 15 prohibits the use of tobacco products only in public places. The apartment is privately owned. And since there are several owners in the "communal apartment", the rules of conduct in individual rooms differ:

1. On the kitchen you can smoke only with the consent of the other owners. This space can be classified as a public one as it is used by all residents.
2. In my room you can smoke without hindrance, as this area is your private property.
3. In the toilet the same rules apply as in the kitchen. The exception is those cases when residents of communal apartments install powerful exhaust ventilation systems in such premises or use electronic cigarettes filled with a special liquid with a neutral odor. The vapor generated by such devices quickly dissipates into the air, leaving a barely perceptible scent.

It is worth considering that according to the Decree of the Government of the Russian Federation No. 25, adopted on January 21, 2006, when using residential premises, it is necessary to observe the rights of neighbors, the requirements of the fire safety service. In addition, do not forget about SanPiN, according to which, exhaled by a smoker, refers to substances that carry a carcinogenic hazard to humans.

As you can see, even if Federal Law No. 15 allows the use of tobacco products inside the apartment, other norms and rules require smoking to be agreed with the rest of the residents. In order to avoid conflicts and preventive conversations conducted by police representatives, we recommend that you coordinate with your neighbors the premises in which you can smoke (for example, a balcony, a toilet, etc.).

According to the news of 03/30/2018, the bill banning smoking in a communal apartment was rejected by the Ministry of Health and Social Development. More details in the discussion at.

Who should I complain to?

If you are harassed by active "smokers" from neighboring apartments, and attempts to negotiate with them do not bring the desired result, you can apply to the housing department or to the district police officer. As already mentioned, you can appeal the behavior of other residents of a multi-storey building, but only after a special examination. He must confirm that the actions of the neighbors endanger the health of your family members, including yours.

Who can fine?

This authority is vested in representatives of the police department located in your area. If you filed a lawsuit against your neighbors or the Prosecutor's Office, the corresponding sanctions will come from the employees of these departments.

Fine amount

A fine for smoking in an apartment is issued only if neighbors or co-owners of communal housing manage to prove their case in court. With this development of events, adherents of smoking will have to pay 500-1500 rubles. If minors were involved in the process of buying or consuming tobacco products, the fine increases to 2000-3000 rubles.

Throughout 2015, 108,995 people were fined in Russia for not complying with the requirements of Federal Law No. 15. Moreover, 5248 offenders did not learn the lesson, made the same mistake a second time and were forced to pay a fine again.

Experience from other countries

Ukraine

In this country, the smoking ban applies to hostels, hotels and similar facilities used to accommodate citizens. Private houses and apartments are not subject to this "veto".

Belarus

As in Russia, in Belarus, law enforcement officials are not entitled to fine the owner of an apartment if he smokes on his territory. When neighbors contact housing and communal services, explanatory conversations are held with tobacco lovers - no more. However, you can try to defend your right to clean air in court.

To reduce the percentage of smokers in Belarus, an increase in taxes on tobacco products is used. Research has shown that a 10% increase in this rate translates into a 4% reduction in cigarette consumption. At the moment, in Belarus, the share of the tax reflected in the price of cigarettes exceeds 40%. For comparison, in Ukraine this figure is 60%.

Kazakhstan

According to Art. 336-1 of the Code of the Republic of Kazakhstan, smoking in public places is prohibited. Apartments and private houses do not fall under this definition.

As you can see, in 2016, adherents of smoking will be able to use tobacco products mainly in their possessions. And the Russian government continues to develop new provisions of the "anti-nicotine" law.

Video

Is it legal to smoke in my apartment?

16-11-2007, 20:53

16-11-2007, 21:10

Our neighbor brought in new tenants, a married couple. The husband smokes in the room in the evenings, the smell goes into the corridor. There's a stroller in the hallway (directly across from their room), there's a fur envelope in the stroller. I'm afraid it stinks. :(
Can I argue with them about smoking in the room or are they within their right?
I really do not like to swear and generally strain people: 008:

Poor neighbors. :) Will they really soon start asking if the neighbors in a communal apartment can go to the kitchen, to the toilet, and so on ...
What do you think - you have the right to drink tea in the room, watch TV?
There are a lot of options:
- Remove the envelope.
- Ask not to smoke in the room
- Ask to smoke in the toilet or in the hallway.
-Talk with the hostess about this - let her ask them on her behalf.

The emphasis is on the word ASK ... Still, people. When it is humanly like that with people, they are from the bottom of their hearts.

And not to search - do they have the RIGHT to smoke ...
IMHO. Do not be offended if that.

16-11-2007, 21:19

In our country, as far as I know, smoking at home is not prohibited.
Remove the envelope, rearrange the stroller.
You are lucky that the person does not smoke in the kitchen, in the bath, in the toilet, in the hallway under the door of your room.

Talk to the person, ask him not to smoke in the apartment, maybe he will calmly smoke in the entrance.

Augustine

16-11-2007, 21:58

Baby legs

16-11-2007, 22:12

We also have a neighbor in a communal apartment smoking in a room and friends come to him every day, two or three people all sit in a room of 12 sq.m. and smoke non-stop. And then they open the door and ventilate into the corridor. Smoke by the coral mind. They asked to ventilate by opening the window - it's useless. And I get a cough from this smell and I don't really want my child to breathe it. But in our country everyone knows about their rights, but they forget about the rights of others. You know, there is an expression like "a person's freedom ends where the freedom of another person begins." My opinion is, smoke as much as you want just to ensure that your smoke does not penetrate into common areas.
I sympathize with the author of the topic and understand. We have a law on smoking in public places, but I don’t think that it can be tied to communal apartments, and how you make it comply, the police will not come, the precinct does not care.

16-11-2007, 22:34

What kind of police are you? I'm not going to start a war. I asked for advice. I got the advice. Thank you.
I just faced such a problem for the first time, there were no smokers in the apartment before. I will think whether to ask or not. I haven't asked yet.

17-11-2007, 01:35

Still, perhaps the main thing in your situation is that tenants live next to you, so you can demand.
Gee)))

(And for the money!)

17-11-2007, 01:40

I really do not like to swear and generally strain people: 008:
In a rented room - has the right to smoke, have sex and listen to rock ... Rock - until 23-00 ...
I think, as long as the neighbor is not indignant about your stroller in the corridor, you should not be indignant at his smoking ...

I wonder where do you smoke?
On the kitchen?

Augustine

17-11-2007, 01:41

; 8415581 "] Gee)))
The tenant is the tenant who has the same rights to use the leased premises and the MNP, only for the term of the Agreement ...
(And for the money!)

Well, yes, just what is his Treaty worth without the consent of the neighbors?

17-11-2007, 02:06

Well, yes, just what is his Treaty worth without the consent of the neighbors?

17-11-2007, 02:17

Curious opinions ... But probably still a standing stroller and the smell of cigarettes are somewhat different things. I smoke a lot myself. But only so as not to interfere with non-smokers.

Respect to the author for the desire to resolve such a question amicably. I think we need to talk, and if the "swing of rights" begins to explain to the neighbor that the room in the communal apartment is rented by her owner, including with your (neighbor's) consent, and since such a booze, then this consent can be taken back ...

Augustine

17-11-2007, 02:18

what does the consent of the neighbors have to do with it, when he handed over his property, and smokes in it?

His property tries. in a communal apartment, with the consent of the neighbors. If I don’t like the behavior of a person renting a room from a neighbor, I will ask the neighbor to evict that person. More precisely, I will not ask, but I will demand. And not everyone dares to register a tenant, and not every tenant wants to enter and exit the rented room through the window.
Actually, this topic has already been discussed a lot here. You can, after all, even if you wish and under certain conditions, evict a neighbor-tenant in the staircase, whatever one may say, but they all have less rights than the owners of real estate.

17-11-2007, 02:42

what does the consent of the neighbors have to do with it, when he handed over his property, and smokes in it?
GGRC !!!

17-11-2007, 02:50

His property tries. in a communal apartment, with the consent of the neighbors.
It is nevertheless necessary to distinguish between the rights of the social tenant of the room (who is obliged to obtain the consent of all other tenants / owners living in the apartment) and the owner of the room, who has the right to dispose of his property without asking anyone for consent.

And to download the rights - each of the parties can, to the extent of their depravity / activity / education.

17-11-2007, 09:01

People, there was already a topic about a room in a communal apartment. One girl gave a link to convincing material about the consent / disagreement of neighbors for the presence of employers

17-11-2007, 09:06

17-11-2007, 10:07

Oops, for lease tenants. In short, no consent is needed. And most of the much more experienced lawyers than I am declare unanimously - not required. Regarding the fact that it is necessary to smoke so that others do not breathe filth, especially children - I agree. I am generally killed by the position of an employer-neighbor: and guess that the communal apartment, the Khrushchev, is probably full of cracks and its door is not airtight, weak? Go and have no children. The author of the topic - if you fail to resolve the matter peacefully, he has the right to sue for termination of the lease agreement. But, only after all, you know that this is a dreary business, and your neighbor can also instill these "ashtrays" under the guise of relatives. So good luck to you and your child.
Somehow you do not agree with one another. What are the grounds for terminating the lease agreement, and even by a third party under the agreement?

17-11-2007, 14:42

Anna Karenina

17-11-2007, 14:46

17-11-2007, 16:03

Here we had an interesting case, however, at the entrance ... We went out to smoke through the back door to the landing, and in front of us the neighbors were smoking and spitting from our communal apartment ... Suddenly a neighbor flies from a neighboring apartment - judging by his expression on his face, I I thought. that we will now meet with the ground (from the 4th floor) ... and accuse us of spitting, simultaneously hanging all the cigarette butts left by the electricians in the corner and lying there unknowingly ... But the most important phrase was said as the final sentence: "This is mine entrance !!! ", after asking about registration ..
Since then, the husband, meeting smokers at the entrance, warns of "responsibility."
Here's a story about the neighbors.
The neighbor has a very correct position!
When each of us is ready to realize that "This is my entrance !!!" (house, apartment, city, country), fight for this and "Drive Kazlov" who crap - we will have a beautiful and comfortable entrance, house, apartment, city, country !!!

17-11-2007, 16:15

No, guys, why are you again twenty-five: 073: Our neighbor has the right to rent without our consent, she has. I know: ded: I just can't inhale the smoke in the corridor, am I making it clear?
By the way, who asked where I smoke ... I don't smoke.
Today is a day off, a neighbor of the house smokes even more (before that he smoked only in the evening, worked during the day). Unpleasant: 073:
Coming back to your problem.

Actually, here

17-11-2007, 17:35

is the neighbor adequate?

Bolibumpa

17-11-2007, 18:46

Or ask your neighbor not to smoke in the room?
Well, a little child all the same ?!
children are highly susceptible to odors ...
is the neighbor adequate?

18-11-2007, 02:30

; 8421544 "] Coming back to your problem.
1) The fact that a neighbor smokes in his room (which he has every right to do) is the least evil. What would you do if he smoked in the kitchen? in the bathroom? in the toilet? sitting on a tube in the calidor?
2) suggest that you make seals on his door (well, on your EU!)
3) put a ventilation fan in the kitchen - then the excess air pressure in the corridor will not allow smoke to go out into the corridor from the neighbor's room.
4) suggest to your neighbor that you will buy him more expensive cigarettes - which means safer and more pleasant ones. For example, Captain Black cigarillos smell very pleasant for others ... DUNHILL (especially the anniversary collection) - also has a pleasant smell ...
5) try to light a cigarette yourself the moment you smell the smell from your neighbor's room.

Actually, here
: 046 :: 046 :: 046: is this a joke as I understand it? Something I have a little guy with a sense of humor ...
Stead, have you ever lived in a communal apartment, or is it just your "agent's advice"?
Believe me, starting a war is easy, but living in peace is an art!: Ded: I know not by hearsay :))
Are you a smoker? If yes, then you do not understand that smoking in the MOP and in the non-smoking room is almost the same
No. 3 in general know the comment!
4.5 explicit bullying

By the way, when friends came to our neighbor and smoked in the kitchen, they quite adequately responded to the request to smoke on the stairs. And also turn off the music at 2 am :)): 001:

By the way, a person may just really not think that his smoking is a problem for neighbors and will go out to the front door to smoke without any problems.
PPKS! I wanted to write the same thing, it is quite possible that he will not have problems going out on the stairs.
Respect to the author! Ask. If it doesn't help, ask the hostess, I think she doesn't need problems with neighbors either!

Hello!

The housing issue has always been quite acute and relevant for the residents of our country. Millions of people, entire generations were born, lived and died in communal apartments.

In addition to the well-known problems of living in communal apartments (small living space, shared toilet, bathroom, kitchen, noise and possible conflicts between neighbors), the problem of smoking is very relevant.

Smoking in a communal apartment- this is not an empty phrase, as it may seem to those who have not encountered this phenomenon. Even in high-rise buildings, where each family has its own separate apartment, smokers on the landing can cause discomfort among the residents of the entrance. What can we say about communal apartments, where tobacco smoke can penetrate through any doors, and in places of smoking it simply permeates the room.

Smokers are a special people and in many ways specific. For them, smoking in a communal apartment is hardly a problem, since, accustomed to cigarette smoke, they smell it in a completely different way than non-smokers. For smokers, it does not cause discomfort, does not stand out among other odors, in the end, their sense of smell is dull. It is thus difficult for smokers to understand nonsmokers. In addition, weighed down by their habit and the need to regularly satisfy the need to smoke, they can act completely inadequate.

It is not uncommon for smokers to cause a lot of inconvenience to their neighbors in a communal apartment. Moreover, to their comments, requests to smoke on the staircase or in another place, so as not to poison the air (children often suffer from this), smokers often react aggressively. Even if they try to smoke "through an open window", they do not notice that the smoke still enters the room. Often, smoking in a communal apartment causes open confrontations between neighbors, where everyone believes that he is right.

In Russia, at the legislative level, there are regulatory documents concerning the problem of smoking. These include Federal Law No. 87-F3 of 10.07.2006 "On Restricting Tobacco Smoking", which indicates all places where a ban on smoking is imposed (Article 6), although it does not explicitly say about communal apartments. The Rules for the Use of Residential Premises (Decree of the Government of the Russian Federation No. 25 of 21.01.2006, clause 6) clearly stipulate that the users of the premises must observe all the legitimate interests and rights of other residents of the premises. Also in the sanitary rights and norms (Article 9, paragraph 1), it is noted that any actions that lead to air pollution and violate the living conditions of citizens are not allowed.

If it is not possible to come to an agreement with persistent smokers-neighbors, then you can bring them to administrative responsibility.