Smoking is a bad habit, causing significant harm to the health of not only the direct smoker, but also people who breathe tobacco smoke. Therefore, at the legislative level, smoking is prohibited in various public places, entrances of apartment buildings or in playgrounds. But not all smokers take into account the requirements of the law, so other citizens often have to face the fact that they are forced to breathe tobacco smoke. Therefore, the question arises of what to do if the neighbors smoke in the entrance. There are several ways to influence neighbors, and it is initially recommended to use peaceful methods that involve direct communication with citizens.
Legislative regulation
Back in 2013, a special law was adopted Federal Law No. 15, which contains information on the prohibition of smoking in various public places. These places include the entrances of apartment buildings. This is due to the fact that adult citizens and children regularly go up the porch. Continuous inhalation of tobacco smoke can lead to health problems.
Therefore, all citizens who continue to smoke at the entrance violate the terms of the law. People often ask a question: is it possible to smoke in the entrance not on the site, but in the elevator? In fact, all the places available in the entrance are considered public, therefore it is forbidden to smoke in them. This includes not only elevators, but also attic rooms, cellars or corridors. This requirement does not apply exclusively to apartments owned by citizens on various grounds.
The law on smoking in the porch is regularly violated, therefore serious disagreements and disputes arise between neighbors. Often, citizens resort to police help, and often such disputes end with real fights. Therefore, it is important to figure out what to do if the neighbors smoke in the entrance. To do this, you can use several effective and proven methods.
Where is smoking prohibited?
The law on smoking in the porch or in other public places is regularly amended, and they are aimed at tightening the requirements. No smoking in the following places:
- in the entrances located in apartment buildings;
- at the playgrounds;
- at bus stops;
- in educational or other children's institutions;
- in stadiums or in entertainment centers;
- in hospitals or sanatoriums.
This process is not allowed even in offices if there is no specially equipped room with high-quality ventilation and fire alarms. Therefore, smokers are left with a limited number of places where they can smoke.
Where is smoking allowed?
In order not to pay a fine for smoking in a public place, all people should know where exactly this process can be carried out. It is allowed only in a limited number of places:
- in the fresh air, but the territory should not be located next to different educational or child care facilities;
- in specially equipped rooms, which are usually located at airports, large shopping centers, offices or other similar institutions;
- in your own home.
In all places where the process is not permitted, a special plate must be provided. The smoking area is also marked by a special designation. According to federal law, it is allowed to expand to local authorities different places where smoking is not allowed. For example, in Voronezh it is not allowed to use cigarettes in transitions or in the process of holding public mass events.
Typically, local authorities tighten legal requirements, so the number of places where you can smoke is reduced. At the same time, smoking in the porch is prohibited in each region. But often citizens have to face the fact that residents of individual apartments ignore the requirements of the law. Therefore, the question arises of what to do if the neighbors smoke in the entrance. There are many ways to deal with smokers.
Responsibility for violation
If citizens do not follow the basic requirements of the law, then they commit an offense for which they are necessarily held accountable. Citizens who prefer to smoke in prohibited places are held administratively liable. They pay a fine for smoking in a public place. Based on Art. 6.24 of the Code of Administrative Offenses the size of this penalty varies from 500 rubles. up to 1.5 thousand rubles.
Such liability is also provided if the neighbors smoke in the entrance. If at all an offense is discovered on the playground, the fine is increased, therefore, the violator pays from 2 to 3 thousand rubles. There are no restrictions on the amount of fines for a short period of time, therefore several penalties in one day can be issued at once.
The government is considering the possibility of introducing restrictions not only for standard cigarettes, but also for hookahs or electronic cigarettes. This is due to the fact that more and more citizens use these devices, which at the same time act as propaganda of a bad habit. Often, different psychotropic or narcotic drugs are added to electronic devices altogether. Therefore, the possibility of banning these products is considered.
How to deal with neighbors?
Although there is a separate law for smokers, citizens often violate it. Most often people have to face the fact that neighbors smoke in the entrance. There are many ways to deal with such illegal behavior. Which ones?
It is advisable to figure out what to do if the neighbors smoke in the entrance. For this, exclusively legal and legal methods must be used.
Peaceful communication with neighbors
Initially, it is recommended that you simply chat with smokers. For this, some points are taken into account:
- often citizens do not know if the porch is a public place, so if they are told that they are breaking the law, they can stop smoking;
- if there are several dissatisfied owners, it is advisable to contact the citizen jointly;
- You cannot use various illegal methods, for example, threats or blackmail, because for such actions citizens can be held administratively or criminally liable.
Due to the specific mentality of some people, usually conversations and requests do not bring the desired result, so this method of struggle is ineffective. It is advisable to tell the neighbors about whether it is possible to smoke in the stairwell, which law is being violated by this, and also what consequences the violators will have to deal with.
Agitation
Another method involves the use of special stickers or plates containing text or pictures against smoking in public places. A smoking area may even stand out. The prohibition sign is placed in the elevator or on each site.
An ad is stuck right next to the access door. In the text, it is desirable to indicate that the porch is a public place where smoking is prohibited. It is recommended that penalties for violators be given. The prohibition of smoking in the porch should be bright and be in a visible place. The text should contain references to laws, which will confirm the rightness of citizens.
This method of exposure can be effective, but often citizens simply do not pay attention to different inscriptions or drawings. Therefore, the announcement "Neighbors, do not smoke in the entrance" must be made really bright and large. If even after that smoking in the room does not stop, then you will have to use drastic measures of influence.
Concierge Attraction
If the residents of one entrance are sociable and friendly people, then they can agree to hire a concierge. The services of this specialist must be paid for by each apartment.
The concierge has various responsibilities, including monitoring the situation in public areas. Therefore, he will regularly notify smokers that they are breaking the law. In addition, he can record violators on the camera, after which such evidence can be used when contacting the district or even the court to bring neighbors to justice.
But not all people agree to incur the additional expenses necessary to pay the concierge. Therefore, such a question should be decided at the general meeting of the house.
General meeting
If there are several neighbors who are unhappy with the constant presence of tobacco smoke in the entrance, then it is advisable to organize a meeting of residents. This takes into account different points:
- the meeting should be attended by at least half of the residents of one entrance;
- the question is raised regarding the ban on smoking in the porch;
- the document is signed by all the people present at the meeting and having made such a decision, and it indicates the obligation not to smoke in a public place.
The tenant's signature means his consent to quitting smoking. But even such a method of struggle is considered not too effective. The document can be used in court as evidence of citizens' attempts to resolve the issue peacefully.
Installation of CCTV cameras
Many citizens are interested in how to force neighbors not to smoke in the entrance, as this leads to a deterioration in the health status of all residents. Such actions are in violation of the law, but smokers are held liable only if there is evidence transferred to the district police officer. Therefore, neighbors often decide on the need to install a CCTV camera in the entrance.
With the help of such a device, all violations are recorded, so this evidence can be transferred to a court or police officers. Based on these records, citizens will be held accountable. This can lead to the fact that the neighbors themselves will refuse to violate the law.
One citizen or several neighbors can deal with the installation of the device, but for this it is necessary to raise the corresponding issue at the meeting of residents.
Creating a designated smoking area
Quite often, citizens have to face the fact that neighbors smoke in the entrance. How to deal with such violations, if there are many smokers in one entrance? Usually persuading or agitating a healthy lifestyle does not lead to the desired result. In this case, the organization of a special place intended for smoking is considered relevant.
For this, part of the landing may be used. This moment should be discussed with all residents of the entrance, for which it is recommended to hold a meeting. The zone can be located on each floor or only on one. But often, even under such conditions, smokers prefer to smoke directly on their site. In addition, citizens will have to incur significant expenses, as it is necessary to bring a high-quality ventilation system to this section of the entrance.
Appeal to the police
Often, peaceful methods do not give the desired result, since smokers do not want to give up smoking in a public place. When neighbors smoke in the porch, where to complain under such conditions? An effective method is to appeal directly to police officers, but at the same time consistent steps must be taken:
- initially it is required to record violations, for which photographs or videos are taken;
- such evidence is transmitted together with the application to the district police officer;
- the statement should include information about the smoker neighbor provided by the place of residence and name, if this information is known;
- an offense report is drawn up by the district police officer, as well as a protocol to which the evidence received from the applicant is applied;
- based on the generated documents, a citizen is held accountable, so he will have to pay a fine.
If, nevertheless, the neighbors continue to violate the law, then you will have to regularly contact the police. There are no restrictions on the amount of fines that can be paid by violators, but each time new evidence must be transferred to the district police officer.
If the applicant does not have the testimony of other witnesses or if there is no evidence of a violation on the part of the neighbor, then he cannot be held accountable. The precinct themselves do not collect evidence.
Going to court
How to punish a neighbor smoking in the porch? The most effective is the appeal to the court. It is necessary to resort to this option only after other methods of resolving the problem have been tried, since it is required to prove to the judge that the plaintiff tried to deal with the violator using the pre-trial method.
When applying to the court, the following nuances are taken into account:
- the plaintiff's claim may be compensation for damage to the health of a citizen who is forced to breathe tobacco smoke regularly;
- under such conditions, it is required to attach to the claim documents received from a medical institution where a citizen underwent treatment;
- in addition, you need to attach evidence that the neighbor actually smokes in the porch, represented by photographs or video;
- based on the lawsuit filed, a trial begins, where all the evidence is considered;
- the judge listens to the opinion of each party, after which a decision is made.
Most often, in such cases, the judge takes the side of the plaintiff, as he has real evidence that the neighbor violated the law. In this case, the offender is not only brought to administrative responsibility, but also compensates the plaintiff for treatment. Often claims are completely satisfied that require citizens to compensate for non-pecuniary damage, since they are forced to regularly think that inhaling tobacco smoke in the entrance can lead to serious illnesses in them or their relatives.
What to do when smoke enters the apartment through the ventilation?
Situations are quite common when neighbors smoke in their apartment, but smoke enters other rooms through the ventilation shaft. In this case, citizens do not violate the requirements of the law, as they are in their housing while smoking.
Under such conditions, it will not be possible to hold the smoker accountable, so the only solution is to check the ventilation system. In this case, you can contact different authorities:
- HOA or UK. Initially, it was the management company that should check the ventilation system to make sure its design is correct. This moment is indicated in PP No. 410. It is advisable to contact the institution with the help of a written statement drawn up in two copies. On one document, the employee of the institution puts a mark of acceptance, which will allow in the future to prove that an official appeal has been submitted to the organization. An ideal option is to write a collective statement by several residents of the same entrance.
- Drawing up an application to the prosecutor's office or supervisory authorities. If the Criminal Code does not fulfill the requirements of the residents, then a complaint is drawn up to the prosecutor's office or Rospotrebnadzor. Effective is the appeal to the Housing Inspectorate, which verifies the activities of different UK. Based on such statements, the company will be held administratively liable, and will also be required to verify and correct the ventilation system.
- Filing a lawsuit. If violations in the ventilation system have led to a deterioration in the state of health of citizens, then they can recover the costs of treatment from the Criminal Code, which could not promptly correct the existing ventilation problems. In this case, it is possible not only to oblige the enterprise to perform the necessary actions in the apartments and the house, but also to recover significant compensation for moral damage from it.
If a neighbor smokes in the toilet of a communal apartment, then he can be brought to administrative responsibility on the basis of Art. 6.24 of the Code of Administrative Offenses. This is due to the fact that this type of bathroom is considered a public place.
What evidence is used?
To bring violators to justice, citizens need to collect undeniable evidence. The evidence base includes:
- The presence of smoke in the entrance. It is especially important if smoke will be present at the moment when the district police officer comes to the applicant or the offender. Often, a police officer stays in the staircase until the offender goes out to smoke in the staircase.
- Video recordings. It is necessary to fix on them that the neighbor smokes through the window in the entrance, therefore, violates the requirements of the law. To do this, it is advisable to install a CCTV camera in the room.
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- Testimony of witnesses. .
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Conclusion
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