How to deal with smoking neighbors and where to complain?

Normative base

There are two main regulations that limit smokers' freedom to choose where to smoke, and also provide penalties for those who are not familiar with the laws or ignore them.

The first place to start is Federal Law No. 15-FZ dated February 23, 2013, as amended July 31, 2020 No. 303-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke, the consequences of tobacco consumption or consumption of nicotine-containing products” . In this case, we will be interested in Article 12 on the prohibition of smoking tobacco or consuming products containing nicotine in certain areas, premises and facilities.

As for penalties for violating these norms, we need to refer to the Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ as amended on July 31, 2020. The article we need is numbered 6.24: Violation of the smoking ban established by federal law tobacco in certain areas.

We will talk about the details of these regulations below in specific individual cases.

Smoked - pay a fine

Responsibility for smoking in prohibited places is enshrined in Article 17.9 of the Code of Administrative Offences. In particular, violation of the requirements will result in a fine of up to four basic units, or up to 108 rubles.

For appearing with a cigarette in the wrong place, employees of the police department, railway, passenger road and urban electric transport, the transport inspectorate (Article 3.30 of the PIKoAP RB), as well as owners’ associations and housing and communal services can draw up protocols.

According to the Department of Internal Affairs of the Grodno Regional Executive Committee, in Grodno last year 33 people were fined for smoking in public places, in three months of this - 25 people.

Is it possible to smoke in the entrance or at home?

smoking is prohibited in elevators and common areas of residential buildings, such as entrances, landings, basements, corridors, as well as the area at the entrance to the entrance . This is stated in paragraph No. 10. However, this ban does not apply to apartments, because, at a minimum, they are not public places.

Despite the ban, there are certain conditions under which smoking cigarettes in the entrance is permissible. These conditions are specified in Part 2 of the same article. For smokers, special spaces should be allocated outdoors or in isolated rooms of apartment buildings, which must be equipped with a ventilation system. If a person smokes in strictly designated areas, then he will not only not violate existing legislation, but will also not pose a threat to the health of his neighbors.

It is important to consider that only citizens who have reached the age of sixteen can be brought to administrative responsibility. For younger persons, there is a slightly different procedure for actions taken by law enforcement agencies, involving the parents or guardians of the minor offender.

What does the law say about smoking?

Federal Law No. 15 of 2013 indicates where a citizen cannot smoke. This group includes places that are public.

These include:

• squares;
• entrances;
• transport stops.

In addition, smoking is prohibited in establishments that operate in the catering sector. Therefore, many owners of restaurants, cafes and other organizations have equipped separate areas intended for citizens to smoke.

Smoking rooms are made in such a way that the person does not harm the population through their actions. Often the arrangement is carried out in a room equipped with an exhaust hood. Then it will not be possible to talk about a violation of Federal Law No. 15 of 2013.

Important! This prohibition does not apply to private residential premises. This means that smoking is allowed in an apartment or house owned by a citizen. The reason is that this type of real estate is classified as private rather than public.

What to do if your neighbors smoke

Below we will look at all the places where neighbors can smoke and how to deal with it.

At the entrance

As mentioned above, smoking in the entrances of residential buildings is prohibited, unless there are spaces equipped and designated for smoking. But what to do in a situation where there are no such places, and cigarette smoke spreads throughout the house and at the same time gets into your home?

It is important to remember that smoking neighbors are not savages to whom everything human is alien. Sometimes a simple conversation is enough for the feelings of people suffering from smoke to be heard.

First of all, you should start with non-verbal contact: hang notices and posters near the front door and on landings about the ban on smoking and what this means for smokers. It is worth mentioning the above laws, as well as the amount of the fine that the violator will have to pay.

The next point in the plan will be to communicate directly with your neighbor. Of course, presenting claims in a rude manner and swearing not only will not help, but will also constitute an offense, so it is worth trying to resolve the issue peacefully. Perhaps they will listen to you.

A fairly effective way to combat this can be to hold a meeting of residents. You can put forward several proposals at once. Some options that will lighten your wallet include hiring a concierge, installing video surveillance, and creating a ventilated smoking area. If you and your neighbors are not in favor of extra costs, then you can try to ban smoking in the house and document this by collecting signatures from residents. It is also possible to designate a certain staircase landing as a “smoking room,” but this requires the consent of all residents living in apartments on this floor.

Is it possible to negotiate peacefully with smoking neighbors?

In any case, you need to start resolving the issue with your smoking neighbor peacefully. Then the citizen will be able to indicate to the authorized body that before he complained, he made attempts to resolve the conflict.

To eliminate tobacco smoke, individuals may decide to install smoking rooms. This can also be done at the entrance; you will need to organize a ventilation system , which will protect other citizens from smoke. From a legislative point of view, this option is acceptable. Where to complain if a neighbor refuses the decision is discussed above.

Thus, laws allow smoking in one's own apartment, provided that it does not cause discomfort to others. When a conflict situation arises, you need to consider where to go if your neighbors smoke. It is mandatory to file a complaint.

How to file a complaint

A complaint against a smoker must be made in writing in the form of an application addressed to the local police department. It is better if this statement is drawn up collectively by the residents of the house. It is important to list all the measures that have already been taken against the offender, as well as the harm he is causing you. Indicate in the application the time during which you have been “fighting” with this person, and also attach evidence confirming the fact of the offense.

There is a possibility that the local police officer will reject your application or ignore it. To reduce the likelihood of this situation occurring to a minimum, you need to take a responsible approach to filing a complaint, be clear in your statement, collect high-quality evidence, and describe the problem in detail. If these conditions are met, the district police officer’s decision will be made quickly and, therefore, the smoking neighbor will be punished.

Evidence requirements

Residents of the entrance can call the police to influence the smoker. But by the time the law enforcement representative arrives, the smoking neighbor will already be in his apartment.

How to prove that it is he who violates the requirements of the law? To do this, you need to properly collect evidence - take pictures, record videos. The smell in the entrance will also tell you about smoking.

IMPORTANT! In some houses, video cameras are installed that record what is happening in the entrance; such a camera will also record the intruder with a cigarette.

It is advisable to have other witnesses who also saw the negligent neighbor while smoking. The first complaint may not bring results, especially if the police do not catch the smoker red-handed. Don't give up. The police will simply be forced to respond to regular statements and complaints from residents of the entrance.

Where to submit

To summarize the above, let us summarize the information about the points for submitting an application.

If anti-tobacco or any other law is violated, you must contact the police. In particular, if illegal smoking was simply noticed in the entrance, then you need to report this to the district police officer. But in the event that a fire occurs due to the fault of a smoker, the police will help.

If the effect of passive smoking results in a disease, then the necessary authority is the court.

If the problem lies in a faulty or improperly functioning ventilation system, then the complaint should be sent to the management company or to the HOA.

Well, if your appeal to the HOA or the Criminal Code is ignored, then to Rospotrebnadzor, the Prosecutor’s Office, and the Housing Inspectorate.

Fight against smokers in apartments

In apartments where 2 or more owners or tenants live, the following are considered collective use areas:

The law allows smoking on the loggia, in your own room or apartment. If smoke spreads to those living nearby through ventilation or through windows, the owners may demand that the non-compliance with the rules for the use of housing under Art. 304 of the Civil Code of the Russian Federation without eviction of the violator.

You need to write a statement and provide evidence that tobacco combustion products interfere with the use of personal property and violate sanitary standards.

You can file a claim for the purpose of imposing a smoking ban and compensation for damage, under paragraph 1 of Article 1064 and paragraph 1 of Article 1065 of the Civil Code of the Russian Federation for causing physical harm to a citizen and damage to property.

In the event of the development of respiratory tract diseases and allergic reactions, it is necessary to provide documentary evidence that the problems are caused by tobacco smoke. Additional expertise may be required.

The balcony is not a common area and smoking on the balcony is not prohibited. If a situation arises where compensation is required for damage to the property of those living nearby, refer to Chapter 59 of the Civil Code of the Russian Federation on obligations resulting from damage to property.

What evidence should I provide?

First of all, it could be smoke from a neighbor's smoking. Of course, it will not be possible to capture it or save it for later presentation to law enforcement agencies, but you can track what time a person usually goes out to smoke and call the local police officer at that time. If the very fact of smoking is not visible to the local police officer, then the smoke will be strong evidence.

The next item will be photographs and video recording. The face of the smoker should be visible on them, and it should also be clear that this is your entrance. It would be a good addition to clarify the shooting time; many phones have this function. However, it is important to consider that by taking photos and videos, you are invading the privacy of your neighbor, so the best option would be to record from a CCTV camera in your entrance.

Of course, you can fight smokers alone, but it is best to have supporters in this matter. Thus, the testimony of witnesses who can confirm that an offense has been committed will be a good help in initiating an administrative case.

How to stop your neighbor from smoking on the landing

The harm of tobacco is a well-known fact even for smokers themselves, but this does not prevent them from destroying, in addition to their lungs, the health of non-smoking people living in the neighborhood.

Smoking on the landing is also dangerous, since this smoke can penetrate into apartments and harm their residents; in addition, a very unpleasant odor remains on the landing.

There are several ways you can get rid of staircase lovers:

1. Negotiation. The simplest, but not the most effective method. It consists in the fact that dissatisfied residents talk to the smoker, telling him about the dangers of smoking, about the stench throughout the house, about the fact that he litters and about his right to a favorable environment. The method is ineffective, because the smoker himself understands all this and may agree with the residents not to do this again, however, he is unlikely to go out at night to smoke one cigarette. Most likely, the offender will try to do this “on the sly” on the landing with the hope that no one will notice him and everyone will think of the smoker from the next apartment.
2. Placing posters and announcements. We have all seen posters and advertisements motivating people to quit smoking. The former do this with the help of “beautiful” pictures of a smoker’s lungs or some other, and the latter, as a rule, contain an inscription about possible punishments if such a tobacco lover is caught, in accordance with the law. The advantages of this method are that they are easy to print and a person will systematically see posters or advertisements and, perhaps, something will click in his head. However, there are also disadvantages here. Most don't care about them.
3. Pressure with evidence. For this method we need: evidence and conversation. The whole point comes down to the fact that there is clear evidence of a specific person smoking on the landing. All you need to do is approach him and tell him not to do this again, show a photo or video of your neighbor smoking and express your intention to contact law enforcement if this violation occurs again.
4. Complain to the local police officer. You can contact the local police officer immediately. He, knowing the law, will be able to explain to violators from a legal point of view about their responsibility. And if he is also provided with evidence, he can bring the smoker to administrative responsibility.
5. Prosecutor's office . The district police officer cannot always cope with this problem, and most often this is due to the fact that he performs his official duties poorly. This can also be dealt with by contacting the prosecutor’s office, first of all, the district police officer himself. Employees will conduct checks and, if this official is really lazy or has other reasons for not responding to citizen requests, he will be punished.

What to do if neighbors smoke in the entrance and the smell comes into the apartment

First, you should try the methods described above. One of them should definitely help teach them a lesson and deal with your problem. If not, then you will have to run to higher authorities with a complaint about the inaction of lower ones in search of justice, and this can take a very long time.

Therefore, it is advisable to raise the issue of constructing a special smoking area at the owners’ meeting. Already there you can choose the optimal place so that the smoke does not disturb other residents.

What to spray in the entrance to prevent smoking, what smell to discourage smokers

Any independent actions may subsequently lead to liability.

There are no special sprays to repel smokers. They are the same people and will feel the same as non-smokers. Therefore, before making such a decision, you need to think about whether it will harm others.

In order to discourage smoking, it is necessary to create unfavorable conditions, that is, the smell must be unpleasant and repulsive. There are some tricks for this, for example, treating the area with ammonia.

There is another cunning method that does not involve splashing something, found on the Internet. It consists of placing a piece of meat somewhere in a place where people constantly smoke, for example, at the junction of the wall and the floor. This piece is rotting and gives off a sickening smell. However, people who have had similar experiences leave mixed reviews. Some smokers were affected, but others were not. The method is cool, but not perfect.

Consequences for the violator

Let us turn to the above-mentioned Article 6.24 of the Code of Administrative Offenses of the Russian Federation, the first part of which specifies the punishment for violating the ban on smoking tobacco established by federal law. This illegal action entails a fine of 500 to 1,500 rubles.

An interesting fact is that the legislation does not establish a limit on the number of fines per person per day. That is, this means that no matter how many times smoking was recorded in the wrong place, the violator will have to pay so many fines.

If your neighbor’s smoking has led to a deterioration in your health, then by going to court you can recover from your neighbor the amount of money spent on treatment. Usually such a fine is not too large, but it will definitely discourage your neighbor from smoking in the entrance or on the balcony.

If the situation takes a slightly different turn, for example, a cigarette butt or match thrown out by a neighbor caused a fire, then the consequence for it will be the initiation of not only an administrative, but also a criminal case.

Thus, people who violate the norms established by law and poison the lives of you and your loved ones with their smoking can and should be fought. And although the law will always be on your side in case of recorded violations, do not forget that most disputes and disagreements are resolved peacefully and without the intervention of law enforcement agencies.

How to punish a smoker if you couldn’t come to an agreement with him?

In cases where peace negotiations are unsuccessful, the person concerned can take advantage of government assistance. Let's see how to bring persistent smokers in the entrance of your residential building to justice.

Who should I complain to about such a neighbor?

Below we will tell you what to do and where to complain if your neighbors smoke, despite appeals to them about this.

Appeal to the district police officer

The very first move is to complain to the local police officer. His responsibilities include both preventive work and suppression of violations of the law in his jurisdiction. Therefore, if, despite warnings, signs and conversations, smoking continues in the entrance, it makes sense to contact the police officer responsible for a particular house. A complaint can be filed:

• At a personal appointment at the appointed time. Each authorized precinct police officer is obliged, according to the schedule approved by his leadership, to allocate time to personally receive citizens with complaints and appeals.
• To the duty station of the local police unit.
• By mail. Here it is better to use a registered letter with notification. In addition, it is possible to send letters with a list of attachments - this, if necessary, will allow you to confirm in court that exactly the application referred to in the lawsuit was filed.

Lawsuit

What else can be done to solve the problem with smoking neighbors? In addition to contacting the police, an interested person can file a claim directly with the judge whose jurisdiction this issue falls under. However, this requires:

• Prove that a violation of the law occurred.
• Prove that the actions of smokers caused harm to health.

This process is quite labor-intensive and without the slightest guarantee that the case will be won. Therefore, in practice, court cases of this kind do not occur very often.

How to write a complaint and statement?

Regarding the complaint sent to the district police officer, the law does not contain any requirements. It can be submitted:

1. Orally at the reception.
2. In writing by mail or through the duty station.

As for the statement of claim, here it is necessary to be guided by the articles of the Code of Civil Procedure of the Russian Federation relating to claim proceedings. In particular, the claim must indicate:

1. The name of the court where the claim is filed.
2. Names and addresses of the plaintiff and defendant.
3. The essence of the offenses for which the claim is being filed.
4. Evidence supporting the applicant's position.
5. Contact details of witnesses, if any.
6. Copies of documents attached to the claim.

Important! A statement of claim, unlike a complaint to a district police officer, is paid. The court begins consideration of the case only after it is convinced that the state duty in the amount established by the Tax Code of the Russian Federation has been paid in full, or that the plaintiff does not have the right to be exempt from paying the duty.

What evidence must be included?

When filing a complaint or statement of claim, a citizen has the right to attach evidence to it confirming his arguments. In relation to smoking in the entrance, such evidence will be:

• witness statements;
• photo and video documents documenting the fact of smoking (at least the presence of cigarette butts in the entrance);
• the conclusion of an independent examination that the maximum permissible concentration of tobacco smoke in the premises is exceeded in comparison with the standards established by law;
• other evidence corresponding to the norms of civil law.

Smoking restrictions on the way home

Smoking restrictions apply to public transport. You cannot smoke inside the vehicle, at bus stops, at airports, or at train stations. The only exceptions are areas designated specifically for smoking.

Smokers area

When smokers are forced to travel on long-distance trains, they have to give up their bad habit for a while.

It is prohibited to smoke in the train toilet or on the platform during a stop.

Sometimes conductors can “turn a blind eye” to smoking if the offender helps them fulfill the plan for selling Russian Railways lottery tickets (buy a ticket for 100 rubles). But this scheme is a violation of the law.