Hello.

Valeria

There is a smoking area on the territory of the educational institution, but the police still fine people even at this place.
Valeria

In accordance with:

Federal Law of 23.02.2013 N 15-FZ
(as revised on 31.12.2014)
"On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption"
Article 12. Prohibition of smoking tobacco in certain territories, premises and facilities
1. To prevent the effects of second hand tobacco smoke on human health, tobacco smoking is prohibited.
(except for the cases established by part 2 of this article): 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 equipment 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, carrying out functions 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 in the atmospheric air of substances released during the consumption of tobacco products established in accordance with the sanitary legislation of the Russian Federation.

Thus, in order for there to be no violations, it is necessary that these special places meet certain requirements.

These requirements will be established in the following document:

Order of the Ministry of Construction of Russia N 756 / pr, the Ministry of Health of Russia N 786n dated November 28, 2014
"On the requirements for the allocation and equipment of special places in the open air for smoking tobacco, for the allocation and equipment of isolated rooms for smoking tobacco"
(Registered in the Ministry of Justice of Russia 09.04.2015 N 36809)

At the moment, this order has not entered into force. Will enter on 10/14/2015. Therefore, at the moment, there is legal uncertainty regarding these smoking areas.

but the police still fine people even at this place.
Valeria

Maybe they fine those who are nearby, but not in this place?

Tell me if they have the right to do this and what to do if not?
Valeria

Police officers have the right to draw up reports on administrative offenses provided for in Article 6.24. Of the Code of Administrative Offenses of the Russian Federation "Violation of the prohibition of tobacco smoking established by federal law in certain territories, in premises and at facilities."

But the question remains in the legality of such a composition. I believe that the actions of the employees are still legitimate. However, I do not know all the circumstances, so I can only guess.

In any case, persons who are brought to administrative responsibility can appeal against such involvement.

For now, all that remains is to wait for the entry into force of the order, and then equip these places in accordance with it. Smoking is permitted in these areas after such equipment.

Hope I helped in resolving your question. Good luck to you.

Legal advice:

1. Smoking is prohibited on the campus. Should smoking areas be allocated and is it possible to ask them to organize?

1.1. smoking is prohibited on the territory of institutions (university). According to the law. Unfortunately, this is not provided. But you have the right to demand.

Did the answer help you? Not really

2. I'm interested in where the smoking videos are posted on the university campus?

2.1. nowhere, they have no right to upload such videos

Did the answer help you? Not really

3. You were fined for smoking on the territory of the university, the question is: what amount of the fine will be, during what time will it come and can it even "burn out"?

3.1. Administrative Code of the Russian Federation, Article 6.24. Violation of the Prohibition of Smoking Tobacco Established by Federal Law in Certain Territories, Indoors and at Objects
(introduced by the Federal Law of October 21, 2013 N 274-FZ)

1. Violation of the prohibition of smoking tobacco established by federal law in certain territories, in premises and at facilities, with the exception of cases provided for by part 2 of this article, shall -
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand five hundred rubles.
2. Violation of the prohibition of smoking tobacco in playgrounds established by federal law -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles.

Did the answer help you? Not really

3.2. The fine expires after 2 years

Did the answer help you? Not really

4. A month ago I was detained on the territory of the university for smoking, they drew up a protocol and said that there might be a fine. Today I discovered two overdue subpoenas that I had no idea about. What consequences can overtake me? They detained for the first time.

4.1. pay the fine. otherwise there may be liability under Art. 20.25 of the Administrative Code of the Russian Federation

Did the answer help you? Not really

5. Mistook for smoking on the territory of the university, wrote out the protocol For the first time they said that there would be just a warning. What consequences? Russia.

5.1. If you get caught a second time, they will write out a fine, somehow they will be punished in accordance with the local acts of the university. Do not smoke on site and there will be no consequences.

Did the answer help you? Not really

6. The second time they wrote a protocol for smoking in a public place. On the campus. The first time was last year, I paid 500 rubles. fine. How much will the fine be this time?

6.1. The same 500 rubles.

Did the answer help you? Not really

7. This morning, while I was not in the room, the deputy head of the course came to me and began to inspect and search my things without my presence and without the presence of 2 attesting witnesses. During the search, he found 1 cigarette in my possession and confiscated my wallet where it was. He said it was physical evidence. I study at the Krasnodar University of the Ministry of Internal Affairs of Russia. Smoking on the territory is prohibited as well as bringing in. Have my rights been violated?

8. I am a student and would like to organize a smoking area on the campus. A friend (and me) gets sick from cigarette smoke, and they smoke near the entrance to the university. Is this permitted by law and, if so, by what article?
Thanks.

8.1. Prohibited in accordance with the Federal Law "On the protection of citizens' health from exposure to second hand tobacco smoke and the consequences of tobacco consumption."

Did the answer help you? Not really

9. Is smoking allowed on the university grounds, for example, next to the academic building?

9.1. no, not allowed

Did the answer help you? Not really

10. I am addressing you on behalf of those living in the hostel. The hostel is located on the territory of the university. It is home to about half of the smokers. Recently, a complete ban on smoking in the hostel has been introduced. Please tell me if the university administration is obliged to organize a smoking area in the hostel? And is it legitimate what the university is doing?

10.1. Smoking in educational institutions, including hostels, is prohibited.

Did the answer help you? Not really

11. I work at the university. A month ago, an order was issued from the rector, prohibiting smoking on the territory of the university, with the motivation for the impossibility of equipping special. Smoking rooms and offer outdoor smoking in designated areas. How legitimate is this order and is the university not obliged to equip smoking rooms?

11.1. Unfortunately, I cannot agree with the opinion of my colleague, since I find the rector's order lawful, well-grounded, and therefore applicable.
This order, as my colleague correctly notes, is based on the norms of the Constitution of the Russian Federation, according to which everyone is guaranteed a healthy environment.,
The Law of the Russian Federation "On Fire Safety" and an employment contract concluded by you with an educational institution, according to which you have undertaken to obey the internal orders of the rector.

Did the answer help you? Not really

11.2. Such an order is illegal (Article 55 of the Constitution).

Did the answer help you? Not really

12. I beg you to answer two questions (at least in a nutshell):

1) Was the Law No. 87-FZ "On the Restriction of Tobacco Smoking" adopted, as well as the draft federal law "On Amendments and Additions to the Code of Administrative Offenses of the Russian Federation No. 195-FZ of December 30, 2001" (on the establishment of liability for smoking in places not designated for smoking), in particular the point:
Supplement Chapter 6 of the Code of Administrative Offenses of the Russian Federation with Article 6.15 as follows:
"Article 6.15. Smoking on the territory and in the premises of educational organizations in places not designated for smoking
1. Smoking on the territory and in the premises of educational organizations in places not designated for smoking - entails a warning.
2. The same actions committed repeatedly within a year after the imposition of an administrative penalty - shall entail the imposition of an administrative fine in the amount of three times the minimum wage.
3. The actions provided for in part 1 of this article, committed by a person who has been administratively punished for smoking on the territory and premises of educational organizations twice during the year, - entail the imposition of an administrative fine in the amount of five times the minimum wage. "And if they were accepted, why are there no corresponding articles in the Code of Administrative Offenses of the Russian Federation as of October 15, 2005?

2) Can the decree of the rector of the State University contradict Federal laws or other laws of the Russian Federation.

Thanks in advance for your reply!

12.1. 1. Law No. 87-FZ with amendments, has been in effect since 2002.
2. The changes you specified in the Admin. the code is not included. Art. 6.15 current Adm. of the Code, establishes responsibility for violation of the rules for the circulation of substances, tools or equipment used for the manufacture of narcotic drugs or psychotropic substances.
3. Any local acts of institutions and organizations must not contradict the Constitution, federal laws and other regulations.

Sincerely,

Did the answer help you? Not really

13. I am a student living in a hostel. Recently, our new district police officer began to attract students for administrative violations, such as smoking, drinking alcohol, etc. o'clock in the morning until morning) the punishment will be already 15 days. Indeed, according to the university regulations, smoking and drinking alcoholic beverages is prohibited on the territory of the hostel, but is this considered an administrative violation? Moreover, the punishment for leaving the hostel at the wrong time, which, as I understand it, has nothing to do with the administrative code at all.

Please explain if his actions are legal.

13.1. What does it mean "began to attract for administrative offenses?" That is, he draws up a protocol on an administrative offense, then the material is considered according to the rules established by the Code of Administrative Offenses, and then a resolution is issued by the appropriate official? Or does he just go and collect money?

If the latter, then his actions are illegal, they are called "Taking a bribe" and are punished with imprisonment for up to 7 years (ST 290 CC).

Of course, going outside the hostel at night, smoking is a violation of the internal regulations of the hostel and is not an administrative offense, responsibility for this is not provided for by the Code of Administrative Offenses.

Of all you have named, this is only "drinking alcoholic beverages" on the territory of the university, - entails the imposition of a fine from 100 to 300 rubles (beer) and up to 1500 rubles (spirits) - Art. 20.20. Administrative Code.

Did the answer help you? Not really

Shevchuk Denis Alexandrovich

annotation

This brochure analyzes the widespread violations of the legislation on restricting tobacco smoking in the Russian Federation, methods of legal struggle against such violations and similar foreign experience.

1. Usually violate the law on restricting smoking of tobacco

2. For smoking in the entrance of a residential building, a penalty should be imposed in the form of a fine

3. Anti-smoking drivers while driving

4. Penalties for smoking in educational institutions (fines, deductions)

5. Foreign practice

6. Prospects for us

1. Usually violate the Tobacco Restriction Act

According to the Federal Law "On the Restriction of Tobacco Smoking": retail sale of tobacco products is prohibited less than 100 meters from the borders of educational institutions.

Responsibility is established for failure to comply with the requirements of this norm: Art. 14.2 of the Administrative Code established that for the illegal sale of goods (other things), the free sale of which is prohibited or limited by law, a fine is imposed with the confiscation of such goods (confiscation may or may not be, a fine in any way).

[Code of the Russian Federation on Administrative Offenses] [Chapter 14] [Article 14.2]

Illegal sale of goods (other things), the free sale of which is prohibited or limited

Illegal sale of goods (other things), the free sale of which is prohibited or limited by law, -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles with or without confiscation of objects of an administrative offense; on officials - from three thousand to four thousand rubles with or without confiscation of objects of an administrative offense; for legal entities - from thirty thousand to forty thousand rubles, with or without confiscation of objects of an administrative offense.

Where to complain: Rospotrebnadzor (RPN), Prosecutor's office, ATC, administration, ...

In order to reduce the time for consideration of an appeal, you can contact directly the appropriate Rospotrebnadzor Administration for the constituent entity of the Russian Federation, in particular, to the official e-mail address or through the Rospotrebnadzor website.

Citizens' appeals are considered in the Office of Rospotrebnadzor within 30 days from the date of registration of the written request.

The head (deputy head) of the Rospotrebnadzor Department has the right to extend the period for consideration of the appeal by no more than 30 days, notifying the extension of the period for its consideration of the citizen who sent the appeal.

An electronic appeal of a citizen must contain:

surname, name, patronymic(the last - if available),

mailing address, to which the response should be sent, notification of the call forwarding,

a statement of the essence of the proposal, statement or complaint,

When, if the appeal does not indicate the name of the citizen who sent the appeal, and the mailing address to which the reply should be sent, no reply to the appeal is given.

The procedure for considering applications from citizens is regulated by the Federal Law of 02.05.2006, No. 59-FZ “On the Procedure for Considering Applications from Citizens of the Russian Federation”.

Retail sale of tobacco products less than one hundred meters from educational boundaries. That is, not from the entrance, but from the border (fence) arr. organizations, which is determined by the cadastral plan.

Educational organizations include: kindergartens, schools, technical schools, institutes, etc.

It is impossible to sell tobacco in most shops (especially kiosks) - there is a fence of some educational institution less than 100 meters away.

I ask you to draw your attention to the implementation of the provisions contained in paragraph 5 of Article 3 of Federal Law No. 87-FZ of July 10, 2001 "On the restriction of tobacco smoking" (as amended by the Law of December 01, 2004 No. 148-FZ), which indicates that that the retail sale of tobacco products is prohibited less than 100 meters from the borders of the territories of educational institutions.

In our city, this law is violatedin the Pavlino microdistrict:

1. Shop of CJSC "...", located at the address: Moscow region, g. Railway, md. Pavlino, between houses 18 and 21.

The store of ZAO "..." sells tobacco products at a distance of less than 100 meters from the boundaries of the territory of the Child Development Center - kindergarten No. 21 (address: Moscow Region, Zheleznodorozhny, Pavlino microdistrict, 20)

2. Kiosk "Print", located at the address: Moscow region. Railway, md. Pavlino, d ......... (next to the shopping center "........."); tobacco products are sold at a distance of less than 100 meters from the borders of the territory of the secondary school No. 3 (address: Moskovskaya region, Zheleznodorozhny city, microdistrict Pavlino, 3, bldg. 1).

3. Shop LLC "..........", located at the address: Moscow region., G. Railway, md. Pavlino, 15/1 (shopping center "..........."); tobacco products are sold at a distance of less than 100 meters from the boundaries of the territory of the secondary school № 3 (address: Moscow region, g. Zheleznodorozhny Island, Pavlino microdistrict, 3, bldg. 1)

4. Shop LLC "...", located at the address: Moscow region., G. Railway, md. Pavlino, 11a,

the sale of tobacco products is carried out at a distance of less than 100 meters from the borders of the territory of the secondary school No. 12 (address: Zheleznodorozhny, md. Pavlino, 12, bldg. 1), as well as at a distance of less than 100 meters from the borders of the territory of the Orthodox gymnasium Saint Righteous John of Kronstadt (Zheleznodorozhny, Pavlino md., 13)

Responsibility is established for failure to comply with the requirements of this norm: Art. 14.2 of the Administrative Code established that for the illegal sale of goods (other things), the free sale of which is prohibited or limited by law, a fine is imposed with the confiscation of such goods.

I ask you to pay attention to the gross violation of the current legislation, to take administrative punishment measures against persons who commit such violations and to confiscate the illegally sold products.

I also ask you to check the data regularly if possible.eoutlets for compliance with current legislation, especially Federal Law No. 87-FZ of July 10, 2001 "On the restriction of tobacco smoking."

Sincerely,

surname, name, patronymic (the last - if available),

mailing address , to which a response should be sent, notification of call forwarding

2. For smoking in the entrance of a residential building, a penalty should be imposed in the form of a fine

Where to complain: Prosecutor's Office, Internal Affairs Directorate, administration.

SanPiN 2.1.2.1002-00 about which is written in the material from August 15, 2010 replaced by SanPiN 2.1.2.2645-10.

9.1. When operating residential buildings and premises, it is not allowed:

Use of residential premises for purposes not provided for in the project documentation;

Storage and use in residential premises and in public premises located in a residential building, hazardous chemicals that pollute the air;

Performing works that are sources of increased noise levels, vibration, air pollution, or violate the living conditions of citizens in neighboring residential premises;

Littering, pollution and flooding of living quarters, basements and technical undergrounds, staircases and cells, attic spaces.

Clause 6 of the Rules for the Use of Residential Premises (approved by Decree of the Government of the Russian Federation No. 25 dated January 21, 2006) here

The use of the residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens and neighbors living in the residential premises, the requirements of fire safety, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with these Rules.

3.Anti-smoking drivers while driving

A whole bunch of laws are being violated:

Article 6.4. Administrative Code "Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport."

Smoking a driver while driving is an administrative offense on his part also under Article 5.27 "Violation of labor legislation and labor protection". You can write a statement about this to the State Labor Inspectorate in your area.

Violation of legislation on labor and labor protection -

shall entail the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from one thousand to five thousand rubles or administrative suspension of activities for up to ninety days; for legal entities - from thirty thousand to fifty thousand rubles or administrative suspension of activities for up to ninety days

(as amended by Federal Laws of 09.05.2005 N 45-FZ, of 20.04.2007 N 54-FZ, of 22.06.2007 N 116-FZ)

Violation of labor and labor protection legislation by an official previously subjected to administrative punishment for a similar administrative offense - (as amended by Federal Law of 09.05.2005 N 45-FZ) entails disqualification for a period of one to three years.

Article 6 of the Law "On the Restriction of Tobacco Smoking": 1. In order to reduce the harmful effects of tobacco smoke, tobacco smoking is prohibited at workplaces, in urban and suburban transport ... (Clause 1 as amended by Federal Law No. 148 of 01.12.2004 -FZ).

In this regard, I would advise, after detecting the driver's smoking, write in 2 places:

In the RPN, a report on the violation, indicating that a fine is provided for it under Article 6.4 of the Administrative Code, at the same time mentioning that you have written a statement to the State Labor Inspectorate;

Report the violation to the State Labor Inspectorate, indicating that a fine is foreseen for it under Article 5.27 of the Administrative Code, at the same time mentioning that you wrote a statement to the RPN.

Some of them will take upon themselves the suppression of this violation.

If it does not help: Prosecutor's Office, Department of Internal Affairs, administration.

Upon receipt of the information, government agencies will make a decision to check this vehicle. The check can be scheduled or unscheduled. In the RPN, the planned inspections plan is approved before the beginning of the year, so scheduled inspections are not particularly suitable for us. They have to carry out an unscheduled one.

In case of unlawful refusal to consider your appeals, do not forget about the existence of the article of the Criminal Code of the Russian Federation "negligence" and the existence of higher and controlling (supervisory) structures.

Also, smoking drivers violate the Federal Law of 07.02.1992, No. 2300-1 "On Protection of Consumer Rights" (as amended on 23.11.2009). And they are obliged to compensate for the fare. In case of refusal, the consumer is paid a double payment, plus legal costs, plus compensation for moral and physical harm.

4.Punishments for smoking in educational institutions (fines, deductions)

At the same time, cases of such administrative offenses are considered bodies of Rospotrebnadzor (RPN),Ministry of Education and Science, Rosobrnadzor.

If you smoke in a university / college / school / kindergarten ...

Web-based request form to the Ministry of Education and Science of Russia from a citizen
http://mon.gov.ru/obr/citizen/
http://mon.gov.ru/obr/obrash/pravila/

Federal Service for Supervision in Education and Science (Rosobrnadzor)
Electronic reception
http://www.obrnadzor.gov.ru/ru/public_reception/reception/

Citizens' appeals are written or oral proposals, statements or complaints sent to a state body or official.

Proposal - a citizen's recommendation to improve laws and other regulatory legal acts, the activities of state bodies and local governments, the development of public relations, the improvement of socio-economic and other spheres of activity of the state and society

Application - a request of a citizen for assistance in the implementation of his constitutional rights and freedoms or the constitutional rights and freedoms of others, or a report on violation of laws and other regulatory legal acts, on shortcomings in the work of state bodies, local government bodies and officials, or criticism of the activities of these bodies and officials

Complaint - a request from a citizen to restore or protect his violated rights, freedoms or legitimate interests, or the rights, freedoms or legitimate interests of others.

You can complain about directors (rectors) with a request to apply sanctions to them, up to and including dismissal. If the establishment is commercial - after preventive measures, you can revoke the license.

Rospotrebnadzor (RPN)
http://rospotrebnadzor.ru/virtual/feedback/

The federal law "On restricting tobacco smoking" served as the basis for stepping up the fight against smoking in Russian universities, however, many educational institutions began the fight for clean lungs much earlier. 12th anniversary of the opening of the non-state university of law (Moscow) smokers are not accepted for study... This requirement established in the University Internal Regulations. If the fact of smoking is established, the student's tuition fee may be increased by 30 percent... Further, an educational conversation is held with the violator of the Rule and a disinterested help in getting rid from a bad habit. If that doesn't work, the student is expelled from the university. Some Russian universities have stopped accepting smoking students.

In many universities, students are expelled for smoking in the wrong place.... This practice exists.

New buildings are being built without smoking rooms. Those whoever is caught smoking will have to say goodbye to the student's record book, because this university has learned well the lesson of the terrible fire that broke out in the university dormitory in 2003 and killed 44 students.

In ... for 7 thousand students, there are three smoking rooms within the walls of the institute. Smoking in the wrong place is prohibited. To monitor the implementation of this prohibition, a student law enforcement detachment was created to identify violators, who, as a rule, will be reprimanded.

In ... the bad habits of their students are fought with the "carrot and stick" method: for smoking - reprimand and deprivation of part of the scholarship... For adherence to a healthy lifestyle - excursions and trips. Young non-smokers have discounts at gyms and entertainment centers.

V... for smoking on the territory of an educational institution, they are deprived of a scholarship for a month.

In ... tobacco on the territory of the university has been outlawed for five years. But even if a student decides to pamper himself with tobacco outside the fence of the university, he risks spending the evening with a broom and a rake, cleaning the territory of the alma mater.

In ..., for example, there is an order of the rector banning smoking in all internal buildings of the university, but both employees and students smoke, which is why non-smokers find themselves in the role of passive smokers. To protect the health of non-smokers and students, I consider it necessary to use the experience of combating smoking from other universities and apply more stringent measures established at the level of the internal rules of the university.

The current order banning smoking in ... needs further elaboration. As shown by the positive experience of combating smoking in other universities, the order should clearly identify the places for smoking, as well as the persons responsible for executing the order. A system of punishment for violation of the order should be developed. Only in this case, you can count on a positive solution to the problem of smoking (including passive smoking) in ...

The students of the city will benefit greatly from the creation of smoke-free zones at the entrances to all buildings of vocational education institutions. Smoking areas must be located at least 20 m from entrances. Simple solution: installation of signs "Smoking area" and metal bins.

It is important that all students and staff, as well as applicants, are familiar with the No Smoking Order. In this case, smoking in the wrong place should be regarded as a violation of internal regulations and entail the application of appropriate measures to the offender of the developed system of administrative punishment.

Of interest is the experience of an individual conversation with an applicant upon admission to a university, when he is not only introduced to the order prohibiting smoking, but also offered to quit smoking. At the Department of Physical Education .. the program "Path to Freedom" has been developed, which can be used to prevent smoking and help those wishing to quit smoking. This program is developed in accordance with article 7 of the federal law "On the restriction of tobacco smoking" ("... professional educational programs should contain sections on the study of the effects on the human body of tobacco smoking ..."). Every freshman should be trained in a proven, effective method of smoking prevention and cessation (the Path to Freedom program).

The issue of banning smoking in vocational education institutions can also be considered from the point of view of fire safety, since there have been cases of fatal fires in universities.

Smokers violate the Constitution of the Russian Federation, encroaching on the health of students and university professors: medicine has irrefutably proved that a person who smokes by smoking in the presence of nonsmokers causes their health damage that is much greater than to himself.

“... We have not accepted and will not continue to accept antisocial persons for study. People who smoke - be they a student, educator, medic, or a member of the Supreme Court - are antisocial personalities because smokers:

this is weak-willed people who are unable to give up a habit that is harmful to them and to those around them;

mostly mediocre workers who are not able to work actively because of constant smoke breaks and smoke in their consciousness;

spoil the air and make others breathe the poison they exhale which is more harmful for non-smokers than for smokers themselves;

poison the minds of children and their health by infecting them with a bad example, as a sign of adulthood;

ruin themselves(a third of people who die early from disease die as a result of smoking);

negatively affect the economic situation of their family;

increase the fire hazard in the institution in everyday life and especially in the forest;

lobby for the adoption of anti-social, anti-constitutional, anti-people legal norms ... ".

Some compassionate defenders of the rights of smokers believe that the right of a smoker to self-poisoning and poisoning of others should not be violated, because smokers are sick people and they need to be treated. Those suffering from tuberculosis and syphilis are also sick people, but no one would ever think to oblige the rector to take them to study until they are cured. Smoking is also a non-contact contagion, but this does not make it less dangerous for young people. Let the patient be treated and, upon recovery, come to study.

Your right to smoke ends where my nose begins.

Article 42 of the Constitution of the Russian Federation provides for the right of citizens to a healthy environment.

According to Article 6 of the Law "On the Restriction of Tobacco Smoking" in Russia, it is prohibited to smoke in workplaces, in urban and suburban transport, in air transport with a flight duration of less than three hours, in indoor sports facilities, healthcare and cultural organizations, on territories and in educational premises. organizations, in the premises occupied by state authorities, with the exception of specially designated places.

At the same time, the lack of specially designated places for smoking tobacco - no excuse in case of violation of this rule. If no smoking areas are found, smokers will have to refrain from smoking for the entire time they are at the listed facilities, otherwise they violate the constitutional right of other citizens to a favorable environment.

Unfortunately, today there are very few cultural smokers who realize that their smoking causes discomfort to other citizens, and try to prevent this. The question is, how do you teach others to do this? An administrative fine, as well as complete disregard for this offense by law enforcement agencies, never discipline citizens. Therefore, the most effective in the fight against smoking outside specially designated areas are the sanctions established by the charters and other internal acts of organizations and institutions. But they should be, on the one hand, tough, and on the other, justified.

As for smoking on the territory of the university, which is prohibited by the aforementioned law and the charter of the university, this is the same violation of discipline as any other. All universities have a system of preventive measures and disciplinary sanctions. AND deduction is possible here.

Seven cigarettes for a lifetime of smoking.

The opinion that in order to acquire a bad habit it is necessary to smoke a lot and for a long time has been refuted by the latest research of scientists, from which it follows that a child needs only two days to get used to smoking.

The results of the study are alarming: already 38% of children who smoke have pronounced nicotine addiction. Children usually start smoking at the age of twelve, while 7.5% smoke daily, over 17% - several times a week, and about a third of schoolchildren "indulge". The most alarming thing about this "pampering" is that even after smoking seven cigarettes a month, children show symptoms of tobacco addiction. For a child to get used to nicotine, two days are enough.

In some countries, the fight against smoking has tightened to the limit: in North Korea, for example, young people who smoke are not admitted to universities, and students who have symptoms of nicotine addiction, Kim Jong Il ordered to expel from the institutes.

5. Foreign practice

Finland has the world's strictest smoking restriction law. The new tobacco law restricts the presence of tobacco products on the shelves and severely curbs the spread of smoking among children and young people.

Now in this country it is forbidden not only to sell tobacco products to persons under the age of 18, but also simply to transfer them in another way. Even one cigarette sold to a minor is a crime... Violations will be punished with a fine, and in especially serious cases - imprisonment for up to six months.

Under the new law, it is prohibited to smoke in kindergartens, educational institutions and the surrounding areas for walking. In addition, smoking is undesirable both in residential areas and on the streets where many people gather. At the same time, the law obliged hotel owners to create ten times fewer rooms for smokers than non-smoking guests.

The possibilities of importing cigarettes and other tobacco products into the country are also limited. Individuals can carry no more than 30 50-gram packs for their own use, that is, transferring it later to someone else is prohibited, even as a gift.

It will not be possible to purchase tobacco products on the Internet. And in stores they will disappear from the shelves altogether - customers will have to choose a product from a special catalog. From 2015, it is planned to ban the sale of tobacco products in vending machines.

Recall that recently, many countries have become concerned with the problem of smoking and have established bans of different levels of severity. In particular, from mid-September in Egypt you can not smoke not only in public places, but also on the street... For violation of the ban, you will have to pay about $ 18. In the future, the authorities expect to increase the amount of the monetary fine for smokers.

Since September 1, a ban on smoking in public places has been introduced in Greece. Also in the country advertising of tobacco products is prohibited... Breaking the new law will be punished heavy fines... In the event that smokers are seen with a cigarette in hand in a public place for the first time, they will be given a verbal warning and the name of the offender will be entered into the database. The second violation is punishable by a fine in the amount of 50 up to 500 euros... The fine for owners of establishments where smokers will be seen will be from 500 up to 10 thousand euros.

In August, severe restrictions on smokers began to operate in one of the German states - in Bavaria. Smoking is only allowed if you are hosting a private banquet in the restaurant's fully rented room. In case of violation, the offenders will be charged severe fine.

The United States has recently been actively fighting smoking. Smoking is banned in all public places, and the average cost of a pack of cigarettes has already reached eight dollars.

In Russia, however, it is neither shaky nor shaky. In our large cities, about 45% of boys and 28% of girls among students in grades 8-11 smoke. During one of the health checks of 112 senior pupils of one of the Moscow schools with 3-5 years of smoking experience, it was found that 75% of them have two chronic diseases (respiratory and digestive organs), and the rest have one disease each. And one more thing, as evidenced by the statistics: starting to smoke, children, as a rule, reduce their performance at school.

Most Russians start smoking before they leave school. Russian statistics confirm that if a person does not smoke at school, in most cases he will never smoke.

When children start to smoke, they imitate their parents or relatives. However, even in a non-smoking family, a child is not immune from a bad habit: 52% of teenagers who smoke emerged after watching films where the main characters do not let go of a cigarette.

"Passive" smoking is also dangerous for the family at school: tobacco smoke, which does not pass through the cigarette filter and gets into the environment, contains at least 200 toxic substances. By the way, the smoke from a cigarette affects others within a radius of at least ten meters.

Recent medical studies show that babies whose parents smoke in their presence have the highest levels of cotinine (a breakdown product of nicotine) - 50 times higher than children of non-smoking parents. Moreover, children whose parents forbid themselves to smoke at home and smoke only at work or on the street still have cotinine levels 7 times higher than non-smoking children.

And a few more numbers worth pondering. The average weight of a healthy newborn is approximately 3.3 kg. If the father smokes the child, the child's weight may be 125 g less than the norm, and if the mother smokes - 300 g less than the norm.

6. Prospects for us

Since 2011, Moscow intends to ban smoking in public places.

The head of the Russian government approved the Concept for the implementation of the state policy of combating tobacco consumption for 2010-2015. The document was developed by the Ministry of Health and Social Development. Now in our country it will be forbidden to smoke at transport stops, in cafes and restaurants. This will allow, according to experts, to reduce the number of smokers.

The anti-tobacco concept should become the basis for the adoption of future bills, the purpose of which is to seriously restrict tobacco smoking in Russia.

It is planned that the cost of cigarettes will increase significantly. Russian smokers should contribute more to the budget than those who lead a healthy lifestyle.

To avoid the temptation of consumers to buy a pack of cigarettes once again, they will be sold in “designated retail outlets”. Perhaps in the future, restrictions on the footage of stores will be introduced - small outlets will be prohibited from selling tobacco products

Literature and sources

Federal Law of 02.05.2006 N 59-FZ "On the Procedure for Considering Applications of Citizens of the Russian Federation" (as amended on 29.06.2010).

Federal Law No. 87-FZ of July 10, 2001 “On Restricting Tobacco Smoking” (as amended on December 22, 2008).

Law of the Russian Federation of 07.02.1992 No. 2300-1 "On Protection of Consumer Rights" (as amended on 23.11.2009).

Administrative Code "Code of the Russian Federation on Administrative Offenses" dated 30.12.2001 N 195-FZ (as amended on 27.07.2010).

SanPiN 2.1.2.1002-00

SanPiN 2.1.2.2645-10

Rules for the use of residential premises (approved by Decree of the Government of the Russian Federation No. 25 of January 21, 2006)

Law "On Education" from 10.09.1992. No. 3266-1

F.G. Uglov - Truth and lies about legal drugs (http://www.sbnt.ru/knigi/)

F.G. Uglov - Suicides (http://www.sbnt.ru/knigi/)

Shevchuk Denis Alexandrovich

Experience in teaching various disciplines at leading universities in Moscow (economic, legal, technical, humanitarian), two higher educations (economic and legal), more than 50 publications (articles and books), a member of the Moscow Lawyers' Union, a member of the Russian Union of Journalists, a member of the Moscow Union of Journalists , Fellow of the Government of the Russian Federation, experience in banks, commercial and government structures (including in management positions), Deputy General Director "Credit broker deniskredit.ru (credit broker www.deniskredit.ru).

Graduated from Moscow State University of Geodesy and Cartography (MIIGAiK), Faculty of Economics and Territorial Management (FEUT), Manager (organization management) and

Moscow State University M.V. Lomonosov, French University College (Law),

a number of specialized courses in various fields of knowledge,

constantly improves his educational level in various spheres of life, is fond of hatha yoga and various sports.

The Research Center of the portal for young professionals, the site, conducted a survey and found out that students support the law banning smoking in public places, including universities (73%). Even every second smoker considers this measure to be justified. 58% of "smoking" students admit that if the university introduces a taboo on smoking under the threat of expulsion, they will quit this bad habit or minimize it.

However, not all students adhere to this position. Thus, 36% of smokers and 9% of non-smoking respondents call this law a mistake. More than half of them are sure that he is doomed to failure, because all the same, everyone will smoke in secret. 41% of the respondents are indignant that in a free country they are constantly prohibited from doing something, 17% believe that this will reduce the progress of smokers, because they will let couples pass in search of officially allowed places and suffer from their addiction, and 16% assume that the State Duma just wants to torment them!

An online survey was conducted by the website portal on January 28 - February 4, 2013 among 2023 Russian students.

What places do you choose for smoking while at the university?

The State Duma adopted in the second reading an anti-tobacco bill, according to which smoking in public places, including universities, will be banned this summer. How do you assess this decision?

Why do you think this law is a mistake?

Several answers are possible

If your university introduces a smoking ban (under threat of expulsion) and there are no specially equipped smoking areas, what will you do?

Question: In accordance with the Federal Law of 23.02.2013 N 15-FZ "On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption," smoking in educational institutions and on their territory is prohibited. The above law is not observed by the universals. In the main building of St. Petersburg State University (the building of the Twelve Collegia - is an object of cultural heritage of the Russian Federation), there are the main departments of the University, a library and departments. When visiting or passing by the building, there is a constant picture of smoking employees near the main entrance, next to the memorial plaque in honor of the outstanding Russian scientist D.I. Mendeleev. St. Petersburg State University is the largest university in Russia, but "on the porch" of the main building there is a gross violation of the Federal Law. University students have the right to live in a favorable environment, including being protected from exposure to tobacco smoke. Also, crowds of tourists, photographing the building of the Twelve Collegia, actually get a photograph of the "smoking" university staff (not a very pleasant photo). I ask you to influence the implementation of the Law by Universities who spoil the image of the university by their actions and pollute the environment with tobacco smoke.

The answer of the head of the Main Directorate for the operation of the material and technical base, Viktor Alekseevich Kozyrev:

Dear Ruslan Yurievich!

You are right, from 01.06.2014 the Federal Law of 23.02.2013 No. 15 “On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption” (hereinafter referred to as the law) came into force.

To implement the provisions of the law, the University's leadership proceeds from the following. Paragraph 4 of Article 4 of the Law establishes that one of the principles of protecting the health of citizens is "a systematic approach to the implementation of measures aimed at preventing exposure to second hand tobacco smoke and reducing tobacco consumption."

In turn, subparagraph 3 of paragraph 1 of Article 10 of the Law allows legal entities "to establish a ban on tobacco smoking in the territories and premises used for carrying out their activities, as well as in compliance with labor legislation to apply incentive measures aimed at stopping tobacco consumption by workers." In other words, the legislator, on the one hand, allows legal entities to pursue a policy of "total ban on smoking" within their territory, and on the other hand, provides an opportunity for legal entities to independently decide whether they are ready to go along the path of encouraging employees to quit smoking.

Federal Law No. 274-FZ "On Amendments to the Code of Administrative Offenses of the Russian Federation and the Federal Law" On Advertising "", in connection with the adoption of the Federal Law "On the protection of citizens punishment of citizens for violation of the requirements of the law in the form of an administrative fine in the amount of five hundred to one thousand five hundred rubles.

The University and its employees do not have the authority to impose and levy administrative fines from violators of the ban on smoking on the territory of the University. This function is assigned to the relevant law enforcement officials - for smoking outside specially equipped places, as well as state fire inspectors - for violation of the requirements of the fire regime (smoking) in buildings.

At the same time, smoking on the territory of St. NS. b Clause 8.2 of the internal labor regulations of St. Petersburg State University, approved by the decision of the Academic Council of St.

In this regard, upon revealing the facts of violation of the prohibition of smoking tobacco on the territory of the University, on the basis of acts on the discovery of facts testifying to the commission of a disciplinary offense, the chiefs of the sections, commandants of buildings, employees of the regime and security department, employees of the 72 disciplinary liability of violators in accordance with clause 3.1. 3.2 "The procedure for bringing to disciplinary responsibility of students of St. Petersburg State University (St. Petersburg State University) for violations of the charter of St. Petersburg State University, internal regulations of St. Petersburg State University, admitted in hostels and on the territory of the campus of St. Petersburg State University, as well as in hostels and on the territory of educational and scientific and educational bases SPbSU "and are sent to the first vice-rector for educational, extra-curricular and educational-methodical work, directors of institutes, deans of faculties and the deputy rector for security (for employees of the University). After that, the aforementioned managers make a decision to send submissions to law enforcement agencies for drawing up protocols on administrative offenses and assigning administrative fines.

The appropriate law enforcement officials are empowered to impose and levy administrative fines on violators of the ban on smoking on the streets adjacent to the buildings of the University.

Since there are no normative documents or by-laws regulating smoking on city streets near the University buildings (not only near the building of 12 collegiums), employees who ensure the operation of buildings will install prohibition signs at the entrances at a distance of up to 15 m smoking, as is done on the territory of the Main Town.