How to write a police report against neighbors for smoking in the entrance

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In 2013, the anti-tobacco law came into force. Many smoking citizens believed that its goal was not to take care of the health of the population, but to infringe on the rights of smokers. This leads to constant disputes between smoking and non-smoking residents of apartment buildings. Smokers, who are forbidden by their non-smoking neighbors to smoke near their entrances, refer to the Constitution of the Russian Federation, which guarantees the rights and freedoms of every citizen.

However, for people who do not have this bad habit, the anti-tobacco law still plays into the hands: if previously smokers could smoke everywhere, now they are forced to comply with certain restrictions.

Smoking in hallways: is it legal?

People who lead a healthy lifestyle not only do not smoke themselves, but also try in every possible way to protect themselves from so-called passive smoking. Most smokers prefer to smoke not in the apartment, but in the entrance, thereby annoying non-smoking neighbors.

By law, smoking in the entrances of apartment buildings, as well as near them, is prohibited. A person who does not comply with these rules may face a fine.

If one of the residents of an apartment building maliciously violates the anti-smoking law, neighbors have every right to complain about him, having previously recorded the fact of smoking in the wrong place.

Sample application

The statement about the smoker must be drawn up correctly in order for the claim to be satisfied. This sample will help you compose.

Thus, if the issue cannot be resolved peacefully, in order to preserve your own health, you must contact law enforcement agencies. In most cases, writing a statement to the local police officer against a smoker helps get rid of the problem.

Sincerely, Amanda Harshman!

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Laws on smoking near entrances

Federal Law No. 15 has been in force since 2013. It was designed to protect Russian citizens from the harmful substances of tobacco smoke. One of the measures provided for in the articles of the law is a ban on smoking in certain areas. But beyond these limits there are no restrictions.

Smokers need to understand that regional and municipal authorities have the right to independently determine new zones where smoking will be considered an offense.

Although smoking is allowed near the entrances of residential buildings, cigarettes cannot be used on the children's playground.

It is enough to move away from such locations to a distance of more than 15 meters to prevent violation of the anti-tobacco law.

Some lawyers are inclined to believe that smoking in the yard is also prohibited. They refer to Art. 36 of the Housing Code of the Russian Federation, which states that a landscaped plot of land near a residential apartment building belongs to common property. To comply with the rules, smokers should leave public places.

This option causes a lot of controversy, since Federal Law No. 15 only mentions public premises, for example, the entrances of a residential building, and land plots do not apply to them. Therefore, the ban does not apply to them.

Provisions of the anti-tobacco law

Is smoking allowed in the hallways and elevators of residential buildings? Federal Law 15, imposing an anti-tobacco ban in public places, is aimed at protecting the rights of non-smoking citizens. Spreading tobacco smoke from a cigarette has a negative impact on the health of surrounding people who do not have a nicotine habit.

To protect citizens from unpleasant cigarette smoke, back in 2013, deputies almost unanimously adopted a new law against tobacco. What reasons did the legislation follow when it so quickly decided to ban the use of tobacco products in public areas?

The impetus for taking action against tobacco at the state level was staggering statistics:

• There are more than 40% of people in the country suffering from nicotine addiction;
• About 400,000 citizens die every year due to cancer and other ailments due to the habit of smoking;
• Tobacco smoke negatively affects the body of so-called passive smokers and provokes cancer.

The above reasons prompted the Ministry of Health to propose an anti-tobacco bill prohibiting smoking at least in public places, which included:

1. Universities and schools;
2. children's and sports grounds;
3. cafes and hotels;
4. airports and train stations;
5. platforms and parking lots;
6. government agencies and hospitals;
7. air and ground transport;
8. trade and household enterprises;
9. work areas and transport stops;
10. seaports and trains.

Naturally, every heavy smoker will consider the list of prohibited places suitable for smoking to be quite large. For this reason, sometimes they still allow the law to be broken and act illegally. This will subsequently result in administrative penalties.

Where you can't smoke

Law No. 15-FZ specifies a larger list of places where the use of tobacco products is prohibited. This includes all public places, institutions, any types of retail outlets, recreational facilities, catering establishments, as well as the territory located next to them. For example, to smoke near a train station, you need to move at least 15 meters away from the building.

Elevators and entrances to multi-storey buildings are a separate item on this list - smoking in such places will result in a fine.

Special signs are placed in public places indicating the prohibition of the use of tobacco products. They may not be in the entrances. This does not relieve the offender from liability. The law is interpreted the same everywhere - ignorance of it does not exempt from punishment.

In accordance with the law, smoking is prohibited in the common areas of the apartment building. This includes not only entrances, but also attics, basements, technical floors and boiler rooms.

We figured out where to go about neighbors who smoke in the entrance. However, the rights of tobacco users must also be taken into account. They are the same citizens, and their interests must also be respected.

According to the law, smoking is prohibited in common areas of apartment buildings. Is this really so, and where smoking is allowed, is discussed in this section.

Stair landings

According to Federal Law No. 15 (of 2013), smoking on the landing is prohibited, as smoke penetrates into neighbors’ apartments and harms their health.

Everyday practice shows that if a smoker has an agreement with neighbors or a specially equipped place for this, then he can afford to smoke a cigarette in the entrance.

Balconies

Balconies and loggias owned by a smoker are not a prohibited place for smoking. You can smoke in your apartment (which includes a balcony). The main thing is not to throw cigarette butts over the balcony railings and not to interfere with the penetration of smoke into your neighbors’ apartments.

If the balcony is located in the entrance and is common to the entire apartment building, then the smoking ban applies to it as well.

Federal Law No. 15 applies to the entire land plot on which a residential apartment building is built.

Smoking tobacco products is allowed only at a distance of 15 meters from the entrance. Failure to comply with this requirement may result in the payment of a fine. The situation can also be complicated if there is a children's playground at the entrance of a residential building.

What to do if neighbors smoke in the apartment?

In general, fines are a very effective tool with which you can wean a person to stop committing such minor violations, such as smoking in public places. In any case, the complaint must be recorded. The district police officer draws up an administrative act, then a case is initiated, and a decision is made on the need for punishment.

The application form is not approved by law. It can be designed in any form. You can use a form that other citizens have already used.

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We’ll tell you how to correctly fill out an application for a smoker neighbor, what rules to follow, and also give an example of a ready-made form. Family relationships imply not only rights, but also obligations, which, unfortunately, are not always pleasant. What if a false police report was filed against you? The Family Code clearly defines the debt obligations of spouses.

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Important: Do not forget to attach receipts confirming the costs of purchasing medications. Sometimes apartments are rented out to foreigners who do not have temporary registration in the Russian Federation and are in the country illegally. An application to the prosecutor's office is submitted if there is any suspicion of a violation of the law. I'm just curious as a smoker. I don't smoke on the landing, but I would still like to know.

For example, I smoke on the loggia and I know perfectly well that it smells no less in my neighbors’ apartments than if I smoked on the landing, especially in the summer. So what's the difference? Or is this a matter of principle?

After all, no one has the right to prohibit me from smoking on my own balcony. Then the neighbor thought of calling the police stronghold in Akademgorodok. Normal young guys in helmets, bulletproof vests and with machine guns arrived, called a psychological brigade, and began negotiations through the door. They spoke politely and insistently for half an hour, warned that they would break the door, and called a locksmith from the house management to do this.

The neighbor replied that she would capitulate only to the psychiatrist.

There are several proven strategies, following which you can stop your neighbors from smoking in the entrance and creating smoke in public areas, thus creating a threat to the health of non-smokers (especially children). You can equip a special area at the entrance designated for smoking. To do this, you must obtain permission from the other residents of the house, as well as from the HOA.

• smoking in the entrance (and in any other public place) – 1,500 rubles;
• repeated smoking in specified places (relapse) – 2500 rubles + 1000 rubles for relapse.

This regulation also covers all entrances that can rightfully be considered public places (since many people pass through them to their apartments). That's why FREE expert consultants work for you around the clock!

Where allowed

Smoking is permitted only in specially designated areas.

The room must be equipped with a special ventilation system and a door seal that will prevent smoke from spreading throughout the rest of the area.

It should be noted that open entrance windows are not an exhaust hood. Therefore, if a special ventilation system is not installed at the entrance, the ban remains in force.

If there is no such area on the staircase, but there are a lot of smokers, then it is possible to equip it.

Where is smoking prohibited by law?

The anti-tobacco law was adopted in 2014. Five years later, citizens of the Russian Federation adapted to its requirements. Somewhere we managed to teach people to smoke in strictly designated areas.

Public places where open smoking is prohibited:

• hospitals, clinics, sanatoriums – healthcare institutions;
• children's institutions and places where mass children's events take place (for example, a playground in the yard or an equipped beach);
• sports buildings and structures;
• train stations, airports, ports - everything related to public transport;
• in government agencies;
• in open places where people gather - this includes markets, squares, pedestrian streets;
• in common areas in residential buildings.

The list can be continued, adding special cases of “public places”. In fact, any place where there are a lot of people is considered public. This includes entrances to offices, shops, parking lots, and parks.

There are special places for smokers. There will be a trash can, a roof, ventilation (if indoors) and a special sign. People quickly got used to such “reservations”.

Immediately after the adoption of the Federal Law No. 15, smokers did not understand where exactly they would be fined. In practice, “safe and dangerous” territories were quickly established.

Requirements for places where smoking is allowed

The use of cigarettes is allowed in a specially designated area on the street or in an isolated room, which must be equipped with ventilation and lighting. This room must have a tightly closing door or other device that prevents smoke from spreading. Fire extinguishers are required.

In open smoking areas near residential entrances, a special sign, an ashtray and a lighting lamp must be installed.

Self-installation of such smoking areas is prohibited! To allocate a plot, you must have documentary permission.

Organization of a smoking room near an apartment building

According to the order of the Ministry of Construction of the Russian Federation No. 756/pr, the Ministry of Health of the Russian Federation No. 786n dated November 28, 2014, the equipment of open smoking areas must be carried out according to the following rules:

• A document is drawn up on the basis of which the smoking room is organized. The decision can be signed by the residents of the house themselves or the management of the management company
• The place is equipped in full compliance with hygiene standards. The concentration of substances that pollute the air, as well as the degree of their impact, must be within normal limits
• A cigarette butt bin is installed, and the area is marked with a special sign. Artificial lighting is supplied

In case of non-compliance with these norms, the management company servicing the apartment building is fined up to 80,000 rubles.

Penalties for violation

The following fines for smoking are imposed on individuals:

• At the entrance of a residential building - 500-1500 rubles.
• Repeated violation – up to 3500 rubles.
• On the playground - 3000 rub.

The presence of unpaid fines leads to a ban on traveling abroad.

Amounts of fines for legal entities

Sanctions are imposed depending on the following violations:

• Absence of special signs in equipped places – 30,000-60,000 rubles.
• Failure to comply with the rules when organizing a smoking area - 50,000-80,000 rubles.
• Failure to control tobacco smoking, as a result of which employees of the enterprise receive harmful effects from tobacco smoke - 60,000-90,000 rubles.

Rules for carrying out punishment

Often people are faced with the fact that their neighbors in the house or entrance constantly smoke in the wrong places, which leads to the fact that they have to regularly breathe in tobacco smoke. Usually, persuasion and requests do not in any way influence the violators, so we have to use other methods to bring them to justice.

The imposition of fines is carried out by police officers, but these penalties can be applied to companies not only by the police, but also by the fire service, as well as Rospotrebnadzor.

Most often, people have to deal with the fact that neighbors constantly smoke in the entrance. To punish them, you need to perform the following actions:

• The fact of violation is recorded using video or high-quality photographs, and the smoker himself must be clearly visible on them.
• At least two witnesses are invited to confirm that the existing photos or videos are indeed real
• A statement is written to the police, to which the materials made are attached.

Based on the evidence received, police officers are obliged to bring violators to justice. To do this, they come to their place of residence, after which a protocol of the offense is drawn up. Smokers are presented with evidence.

You can also simply write a statement to the police stating that the basic provisions of the law are constantly being violated at a particular entrance. The police are required to conduct an investigation, and the district police officer must also visit all apartments where smokers named in the application live.

You can be held accountable not only once, so it is possible to record several facts of violation, for each of which a fine will be imposed, so the total amount can even exceed 50 thousand rubles.

To avoid disputes and difficult relationships with neighbors, it is recommended to first use various measures to prevent this violation.

How to prove a violation?

If the law is broken, the smoker must be held accountable. Punishments for smoking in the entrances of residential buildings can be different: fines, warnings or even administrative liability.

All penalties are specified in Article 6.24 of the Code of Administrative Offenses of the Russian Federation. Fines are divided into two types:

• For individuals
• For companies

Often smokers simply refuse to pay fines. If a citizen is unemployed, then even through the court and with the help of bailiffs it is not possible to recover the required amount. In this case, other measures may be applied to defaulters (seizure of accounts, ban on traveling abroad, arrest and confiscation of property).

Any complaints against violators must have an evidence base, since, according to residents, not a single departmental body will react.

Evidence may include:

• Video shooting
• Audio recording
• Written complaints to violators, in which there is their signature indicating familiarization

Let us make a reservation that a fine for illegal smoking in the entrance of a residential building can be imposed on both an individual and a legal entity. It is clear that for different persons the size of the fine for smoking in the entrance will be different. It also matters what kind of violation will be recorded by law enforcement officers. Let's look at the line of fines below:

• For individuals. Liability for smoking in a public place varies from 1,000 to 51,000 rubles. If an individual deliberately displays tobacco, he will be punished with a fine of up to five thousand rubles. Distributing tobacco products and smoking mixtures to minors is dangerous - you can receive a monetary penalty of up to 5,000 rubles. In some cases, a citizen may be fined by imposing a certain number of hours of community service. The established amount will be equivalent to a monetary fine.
• For legal entities. Up to 500,000 rubles - this is how much a legal entity will have to pay under the law banning smoking in entrances, for officially proven demonstration, distribution, advertising and positioning of tobacco products, incl. minors. If the violation turns out to be serious, a penalty may be imposed in the form of restriction of professional activity for a certain period.

The final decision on how much one will have to pay to atone for one’s guilt will be made at a more serious level by the legislators of order. In rare cases, the case may even go to court. Therefore, when smoking on the landing, you should be especially careful and follow the legal rules.

Smoking neighbors

How to File a Lawsuit Against Smoking Neighbors

3.1. Hello, as a rule, this is a statement to the district police officer of your district; take a video of the violation so that the district police officer can respond meaningfully.

2. Rights in the fight against smoking of neighbors - see.

9.1. In a nutshell, it’s not in vain that they are persecuting you; few people will like the smell of tobacco smoke in their entrance, especially non-smoking neighbors; for smoking in public places there is a fine of 500 to 1,500 rubles. The decision to allocate a special place for neighbors to smoke should be made at a general meeting of residents of the entrance. It is quite natural that residents who do not smoke may refuse to make such a decision and have the right not to invest in the purchase of ventilation equipment.

Hello! What to see? You can only fight through the courts. If they smoke in the entrance, then through the local police officer.

How to deal with it

Of course, you can avoid smoky places, and thereby prevent harm to your health. But what to do if harmful and caustic smoke is constantly in your entrance? Of course, fight this negative phenomenon, relying on the force of the law.

So, what needs to be done in order to get rid of smoke in the entrance once and for all and stop your neighbors from smoking.

Public places since February 23, 2013 (in accordance with 15-FZ from the specified date) have become a prohibited area for smoking cigarettes.

This regulation also covers all entrances that can rightfully be considered public places (since many people pass through them to their apartments).

The list of prohibited smoking areas includes not only entrances - smoking is prohibited:

• On technical floors, attics
• In elevators, corridors, basements
• On stairs and landings

What to do if your neighbors smoke

So, what needs to be done in order to get rid of smoke in the entrance once and for all and stop your neighbors from smoking.

If your entrance is constantly filled with cigarette smoke, and you know which neighbors smoke, you can turn to your local police officer for help.

This especially applies to cases where smoking is carried out on a balcony belonging to a communal apartment. Sometimes citizens go beyond the boundaries in counteracting smokers, committing outright hooliganism, not even suspecting that the measures they take can lead to administrative and sometimes criminal liability. The reasons for this can be very different - from the non-compliance of the air in the apartment with the sanitary standards established by law to the manifestation of an allergy to tobacco smoke in children and adult residents of the smoker’s apartment or neighbors.

Civilized ways to prevent violations

Usually people do not want to conflict with their neighbors in the building, so they simply ignore the fact that they continue to smoke in prohibited places. This leads to a deterioration in their health as they become passive smokers.

Before contacting the police, it is recommended to use some civilized methods to prevent violations. These include:

• It is advisable to hang a notice on the front door indicating that smoking is not allowed in the entrance, and it should also be clarified that violation of this requirement will lead to the need to use the help of the police to bring smokers to justice
• It is recommended to indicate in the advertisement the amount of the fine that violators captured in the photo or video will have to pay
• Usually all the neighbors know exactly who smokes on the site, so a peaceful solution to the issue is considered optimal, for which sometimes it is enough to ask the neighbors to smoke somewhere else, explaining this by their poor health or the presence of small children
• It is advisable to involve other neighbors in this issue, and you can also organize a meeting of owners where this important issue will be discussed, it will be possible to organize a separate place intended for smoking

Some citizens even prefer to file a claim in court, demanding compensation for damage to health, but in most cases such cases end in the dismissal of the claim.

Thus, smoking in the entrance and in some other places where there is a constant crowd of people is prohibited by law. This is specified in several regulations that should be studied by every smoker. For violation of these requirements, certain penalties are certainly imposed, which are represented by large administrative fines. Their size depends on whether the violator is an individual or a company.

Residents of high-rise buildings can make different decisions at a meeting regarding people who smoke in the entrance. A specific smoking area may be organized or different measures may be used.

It is advisable for each resident to take care of his own health, so if it is not possible to come to an agreement with neighbors through peaceful means, you will have to photograph them or film them, and then transfer the materials to the police.

We solve the problem in an amicable way

Very often, residents of apartment buildings do not realize that they are causing inconvenience to someone. They calmly make repairs, prepare “fragrant” dishes, go out to smoke on the site, give shelter to street animals... In general, they live as they are used to. But what should those for whom the consequences of such habits poison their lives?

First, try to talk to your neighbors and solve the problem peacefully.

Without an attempt to peacefully resolve the issue, contacting the local police officer or other authorities is stupid. When the circumstances are clarified, the neighbors will most likely make surprised eyes and promise to “get better.” So we take the recorder and go talk. If the problem cannot be resolved amicably, the recording will be useful in further proceedings.

How to have a conversation:

1. Be friendly. Remember that each of us has our own habits, plans for repairs, etc. It is unlikely that a neighbor is poisoning the atmosphere in your apartment “out of malice.”
2. Explain to your neighbor that his actions cause you inconvenience and have a negative impact on your health.
3. If a neighbor breaks the law, read it out, or better yet, print it out and hand it in person.
4. Ask to resolve the problem as soon as possible and warn that if the request is not fulfilled, you will be forced to contact the appropriate authorities.

Review of judicial practice

In 2020, a precedent emerged according to which it is now possible to recover damages from your neighbors, including moral damages, if they smoke on the balcony, while cigarette smoke enters the vents and windows of other residents.

A man reached the Supreme Court of the Russian Federation, appealing the decisions of lower courts, when he had a dispute with a neighbor who was smoking on the balcony, and the smoke from his cigarettes was drawn into the apartment where there was a small child.

The Supreme Court of the Russian Federation indicated that citizens living in residential premises have the right to a favorable environment, free from the effects of tobacco smoke and any consequences of tobacco consumption caused by smoking neighbors.

Current legislation allows compensation for moral damages for violation of a citizen’s rights in the field of health protection from the effects of environmental tobacco smoke and the consequences of tobacco consumption, the Armed Forces of the Russian Federation emphasized.

Is it possible to smoke in an apartment - what does the law say?

The government dreams that by 2050, only 5% of the population will remain smokers in Russia. It is too early to say how feasible these plans are. Today the law prohibits citizens from smoking only in public places. Since the apartment is not one of those, neighbors have every right to smoke in their apartment.

Where can we complain if our place stinks and our neighbors smoke in their apartment? The answer here is disappointing - at best, you can complain to the house management company about the poor performance of the ventilation system.

The complaint must be taken into account, since the backflow of exhaust air into the premises of the neighboring apartment is a violation of exhaust ventilation.

For greater efficiency, a complaint can be made collectively, especially if the house is gasified. Insufficient exhaust in the ventilation shaft often causes carbon monoxide poisoning. All these considerations should be stated in the application. There is no point in justifying the need to clean up your neighbors by smoking - the housing department will not react to this.

Smoking in hallways in other countries

Anti-tobacco propaganda operates not only in Russia, but also in the CIS countries. Thus, in Ukraine, Kazakhstan and Belarus, the code of administrative offenses provides for a ban on smoking in apartment buildings. Residents are not allowed to smoke in the following places:

• Elevator
• Front door
• Children's playgrounds near the house
• landing
• Stairs
• Attics
• Cellars
• Technical buildings

It is worth noting that the law provides for penalties in the form of fines. Check out their sizes:

• Ukraine – 50-180 UAH.
• Belarus – 18 to 72 Belarusian rubles
• Kazakhstan – 6800 tenge.

The fine will be issued regardless of whether the person is a citizen of this country or whether he came to it for a while.

Smoking in an apartment in an apartment building

Penalties are imposed for violation of established rules. There is no penalty for smoking in the apartment, since this housing is not classified as a public place. Even for such premises there are certain restrictions.

Smoking is permitted within your own living space, except when it causes discomfort to neighbors.

You can smoke near your home in specially designated areas. They need to be placed away from children and first floor windows.

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If a large number of smokers live in an apartment building, you can allocate a special place for them. It must be equipped with a ventilation system, ashtrays and fire extinguishers.

On the balcony

Smoking tobacco on the loggia is not prohibited. It is important that the smell does not cause inconvenience to neighbors. You cannot smoke on the balcony if it is shared with other apartments or has access to the landing. This is considered a common area, cigarettes can only be used if the neighbors do not object.

In the toilet of his apartment

A homeowner cannot be prohibited from smoking in his home. If this is done in the toilet, the smell of cigarette smoke may penetrate through the ventilation to the residents of other apartments, and neighbors will file a complaint.

The solution to the problem is to install a powerful hood.

In a communal apartment

If the housing is designed for several owners, smoking is only allowed in your own room. Other premises of a communal apartment belong to public territory. To avoid conflicts, you need to discuss with your neighbors where you can smoke cigarettes.

A good option is to install exhaust ventilation.

In a rented

If the property is rented, the possibility of smoking should be discussed with its owner. It is permissible to do this when there are no objections. It is important to specify a smoking area. If the walls and furniture smell of smoke, the landlord can evict the tenant.

Announcement banning smoking in the entrance

As a warning measure, neighbors should post special notices on each floor. There are a variety of images. It is advisable to print them on a color printer, as this is when they will become noticeable.

To avoid the warnings being torn, you can laminate them, but this is optional.

In 2020, 1,135 people were fined in Russia, which is two times lower than in 2020.

Some people approach all life situations with humor. They create even ordinary advertisements in a creative and interesting way. You can see what funny warnings were compiled.

Statement (complaint) about smokers in the entrance

An application for a smoker is an official document that must be filled out correctly and in accordance with the rules and requirements. To write a document correctly, you must familiarize yourself with the following recommendations:

• Provide your own personal information
• All information must be truthful, as you are responsible for providing false information and testimony
• Provide names of witnesses
• Write your exact residential address
• Indicate the address of the place where the violation was committed
• Write what evidence you can attach to the case

Photographs or video recordings are provided as evidence. The local police officer will tell you about all the nuances of the procedure.