Hello.
Valeria
In the territory educational institution there is a smoking area, but the police still fine people even at this place.
Valeria
In accordance with:
Federal Law No. 15-FZ dated February 23, 2013
(as amended on 12/31/2014)
"On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption"
Article 12
1. To prevent the effects of environmental tobacco smoke on human health, tobacco smoking is prohibited
(with the exception of cases established by part 2 of this article): 2. Based on the decision of the owner of the property or another person authorized by the owner of the property, tobacco smoking is allowed:
1) in specially allocated places in the open air or in isolated rooms, which are equipped with ventilation systems and organized on long-distance ships, when providing passenger transportation services;
2) in specially allocated places in the open air or in isolated common areas of apartment buildings that are equipped with ventilation systems.
3. Requirements for the allocation and equipping of special places in the open air for smoking tobacco, for the allocation and equipment of isolated premises for smoking tobacco are established by the federal executive body, performing the functions of developing state policy and legal regulation in the field of construction, architecture, urban planning and housing and communal services, together with the federal executive body that is carrying out the functions of developing and implementing state policy and legal regulation in the field of healthcare, and must ensure compliance with established in accordance with sanitary legislation Russian Federation hygienic standards for keeping in atmospheric air substances released during the consumption of tobacco products.
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, Ministry of Health of Russia N 786n dated 11/28/2014
"On the requirements for the allocation and equipping of special places in the open air for smoking tobacco, for the allocation and equipment of isolated rooms for smoking tobacco"
(Registered in the Ministry of Justice of Russia on 04/09/2015 N 36809)
To date, this order has not entered into force. Will enter on 10/14/2015. Therefore, at the moment there is legal uncertainty about these smoking areas.
but the police still fine people even at this place.
Valeria
Maybe they fine those who stand 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 protocols on administrative offenses provided for in Article 6.24. 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 objects."
But the question remains as to the legitimacy of such a compilation. I believe that the actions of the employees are still legitimate. However, I do not know all the circumstances, so I can only speculate.
In any case, persons who are brought to administrative responsibility may appeal against such attraction.
So far, it remains only to wait for the order to come into force, and then equip these places in accordance with it. After such equipment, smoking is allowed in these places.
I hope it helped in resolving your issue. Good luck to you.
Question: In accordance with the Federal Law of February 23, 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 prohibited on their territory. The above law is not observed by the university students. In the main building of St. Petersburg State University (the building of the Twelve Collegia is an object of the cultural heritage of the Russian Federation), the main divisions of the University, the library and departments are located. When visiting or passing by the building, a picture of smoking employees is constantly observed 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 there is a gross violation of the Federal Law "on the porch" of the main building. University students have the right to live in a favorable environment, including being protected from the effects of tobacco smoke. Also, crowds of tourists, photographing the building of the Twelve Collegia, actually get a photo of "smoking" university employees (not a very pleasant photo). I ask you to influence the implementation of the Law by University students who spoil the image of the university and pollute environment tobacco smoke.
The answer of the head of the Main Directorate for the operation of the material and technical base Kozyrev Viktor Alekseevich:
Dear Ruslan Yurievich!
You are right, as of 01.06.2014, Federal Law No. 15 of 23.02.2013 “On Protecting the Health of Citizens from Exposure to Secondhand 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 leadership of the University 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 " systems approach in 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 their activities, as well as, in compliance with labor legislation, to apply incentive measures aimed at stopping tobacco consumption by employees." In other words, the legislator, on the one hand, allows legal entities to pursue a “complete ban on smoking” policy within their territory, and on the other hand, provides an opportunity for legal entities to decide on their own whether they are ready to follow the path of stimulating employees to quit smoking.
Federal Law No. 274-FZ “On Amendments to the Code of the Russian Federation on Administrative Offenses and the Federal Law “On Advertising””, in connection with the adoption of the Federal Law “On Protecting the Health of Citizens from Exposure to Secondhand Tobacco Smoke and the Consequences of Tobacco Consumption”, establishes administrative 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 collect administrative fines from violators of the smoking ban on the territory of the University. This function is assigned to the respective officials law enforcement- for smoking outside specially equipped places, as well as against state fire inspectors - for violating the requirements of the fire regime (smoking) in buildings.
At the same time, smoking on the territory of St. Petersburg State University constitutes not only an administrative offense, it is also a violation of Order No. P. b Clause 8.2 of the SPbU internal labor regulations, approved by the decision of the Academic Council of SPbU on August 31, 2013 and approved by Order No. 4135/1 of November 8, 2013.
In this regard, when facts of violations of the prohibition of tobacco smoking on the territory of the University are revealed, on the basis of acts on the discovery of facts indicating the commission of a disciplinary offense, the heads of sections, commandants of buildings, employees of the regime and security department, employees of the 72nd fire department draw up submissions on bringing to disciplinary liability of offenders in accordance with paragraph 3.1. 3.2 "The procedure for bringing to disciplinary responsibility students of the St. Petersburg state university(SPbU) for violations of the SPbU Charter, SPbU internal regulations, committed in dormitories and on the territory of the SPbU campus, as well as in dormitories and on the territory of educational, scientific and educational and recreational facilities of SPbU "and are sent to the First Vice-Rector for Academic, Extracurricular and Educational methodological work, directors of institutes, deans of faculties and deputy rector for security (for employees of the University). After that, the above leaders make a decision to send submissions to law enforcement agencies for the preparation of protocols on administrative offenses and the imposition of administrative fines.
Relevant law enforcement officials are authorized to assign and collect administrative fines from violators of the ban on smoking on the sections of streets adjacent to the University buildings.
Since there are no normative documents or by-laws regulating smoking on city streets near the buildings of the University (not only at the building of the 12 colleges), employees who ensure the operation of the buildings at the entrances at a distance of up to 15 m will install signs prohibiting smoking, as is done on the territory of the Main Campus .
The research center of the portal for young professionals 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 justified. 58% of "smoking" students admit that if a 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-smokers call this law a mistake. More than half of them are sure that it is doomed to failure, because Everyone will smoke secretly anyway. 41% of respondents are indignant that in free country they are constantly forbidden something, 17% believe that this will reduce the performance of smokers, because they will miss couples in search of officially permitted places and suffer from their addiction, and 16% assume that the State Duma just wants to torture them!
The online survey was conducted by the website portal on January 28 - February 4, 2013 among 2023 Russian students.
What places do you choose to smoke while at university?
| Answer | % |
|---|---|
| The university has a designated smoking area (smoking room) | 48 |
| On the street, in front of the entrance to the educational institution itself | 36 |
| In the territory adjacent to the university | 28 |
| I don't smoke at university | 17 |
| in the toilet | 7 |
| On the stairs, steps | 3 |
| Other | 1 |
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 rate such a decision?
| Answer | I smoke, % | I do not smoke, % | Average, % |
|---|---|---|---|
| I approve, this is the right measure | 48 | 80 | 73 |
| I do not approve, this is the wrong decision | 36 | 9 | 15 |
| Difficult to answer | 16 | 11 | 12 |
Why do you think this law is wrong?
Multiple answers possible
| Answer | % |
|---|---|
| This law is doomed to failure, because. students will still smoke secretly | 57 |
| It's just stupid to ban something - we live in a free country! | 41 |
| This will lead to a decrease in the performance of students who smoke: someone will start skipping classes, and someone simply will not be able to concentrate on studying in such conditions. | 17 |
| It's inhuman to students who smoke. Legislators doom them to torment! | 16 |
| Other | 8 |
If your university introduces a smoking ban (under the threat of expulsion) and there are no specially equipped smoking areas, what will be your actions?
| Answer | % |
|---|---|
| Quit smoking or try to do it less often (endure until home) | 58 |
| I will continue to smoke secretly, wherever possible | 21 |
| I will go out and smoke outside the territory of the university | 6 |
| I will continue to smoke where I smoke now | 2 |
| Other (I will fight for my rights, I don’t believe in it, etc.) | 3 |
| I can not even imagine | 9 |
Shevchuk Denis Alexandrovich
annotation
This brochure analyzes violations of tobacco control legislation common in the Russian Federation, methods of legal fight against such violations and similar foreign experience.
1. Usually violate the Tobacco Control Act
2. Smoking in the entrance of a residential building should be punished 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. We have prospects
1. Usually violate the Tobacco Control Act
According to the Federal Law "On the Restriction of Tobacco Smoking": less than 100 meters from the boundaries of the territories of educational institutions, retail sale of tobacco products is prohibited.
For non-compliance with the requirements of this norm, liability is established: Art. 14.2 of the Code of Administrative Offenses, it is 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).
[Russian Code of Administrative Offenses] [Chapter 14] [Article 14.2]
Illegal sale of goods (other things), the free sale of which is prohibited or restricted
Illegal sale of goods (other things), the free sale of which is prohibited or restricted 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 the objects of the administrative offense; on officials - from three thousand to four thousand rubles with or without confiscation of the objects of the administrative offense; on legal entities - from thirty thousand to forty thousand rubles with or without confiscation of the objects of the administrative offense.
Where can you complain: Rospotrebnadzor (RPN), Prosecutor's office, ATC, administration, ...
In order to reduce the time for consideration of the application, you can contact the relevant Department of Rospotrebnadzor for the subject of the Russian Federation directly, in particular, to the official email address or through the website of Rospotrebnadzor.
Appeals of citizens considered at the Office of Rospotrebnadzor within 30 days from the date of registration of the written request.
The head (deputy head) of the Office of Rospotrebnadzor has the right to extend the period for consideration of the appeal by no more than 30 days, notifying the citizen who sent the appeal of the extension of the period for its consideration.
The citizen's appeal in electronic form must contain:
surname, name, patronymic(last - if available),
mailing address to which the response should be sent, notification of redirection of the appeal,
statement of the essence of the proposal, application or complaint,
When, if the appeal does not indicate the name of the citizen who sent the appeal, and the postal address to which the response should be sent, the response to the appeal is not given.
The procedure for considering citizens' appeals is regulated by the Federal Law of May 2, 2006 No. 59-FZ “On the Procedure for Considering Appeals from Citizens of the Russian Federation”.
Retail sale of tobacco products at a distance of less than one hundred meters from the borders of educational organizations. 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.
In most stores (especially kiosks) it is impossible to sell tobacco - less than 100 meters away is the fence of some educational institution.
I ask you to pay your attention to the implementation of the norms contained in paragraph 5 of Article 3 of the 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 less than 100 meters from the borders of the territories of educational institutions, the retail sale of tobacco products is prohibited.
In our city this law is violatedin the Pavlino microdistrict:
1. ZAO "..." store, located at the address: Moscow region, g.o. Railway, md. Pavlino, between houses 18 and 21.
In the store of CJSC “...” tobacco products are sold at a distance of less than 100 meters from the borders 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, G.O. 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, city of Zheleznodorozhny, microdistrict Pavlino, 3, building 1).
3. Store LLC “..........”, located at the address: Moscow region, g.o. Railway, md. Pavlino, 15/1 (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. Zheleznodorozhny Island, microdistrict Pavlino, 3, building 1)
4. Shop LLC “...”, located at the address: Moscow region, g.o. Railway, md. Pavlino, 11a,
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, microdistrict Pavlino, 12, building 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 (town of Zheleznodorozhny, Pavlino microdistrict, 13)
For non-compliance with the requirements of this norm, liability is established: Art. 14.2 of the Code of Administrative Offenses, it is 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 confiscation of such goods.
I ask you to pay attention to the grossest violation of the current legislation, to take administrative measures against those who allow such violations and to confiscate illegally sold products.
I also ask you to check the data as regularly as possible.eretail outlets for compliance with applicable law, especially Federal Law No. 87-FZ of July 10, 2001 "On Restricting Tobacco Smoking".
Sincerely,
surname, name, patronymic (last - if available),
mailing address to which the response should be sent, notification of redirection of the appeal
2. Smoking in the entrance of a residential building should be punished in the form of a fine
Where you can complain: the Prosecutor's Office, the Internal Affairs Directorate, the administration.
SanPiN 2.1.2.1002-00, which has been written about in the material since August 15, 2010, has been 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 by project documentation;
Storage and use in residential premises and in public premises located in a residential building of hazardous chemicals that pollute the air;
Performance of work that is a source of increased levels of noise, vibration, air pollution, or that violates the living conditions of citizens in neighboring residential premises;
Cluttering, pollution and flooding of residential premises, basements and technical undergrounds, flights of stairs and cages, attics.
Clause 6 of the Rules for the use of residential premises (approved by Decree of the Government of the Russian Federation No. 25 of 01/21/2006) here
The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens and neighbors living in residential premises, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with these Rules.
3.Anti-smoking drivers while driving
A whole "bouquet" of laws is violated:
Article 6.4. Code of Administrative Offenses "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 the 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 roubles; for persons engaged in entrepreneurial activities without forming a legal entity - from one thousand to five thousand rubles or an administrative suspension of activities for a period of up to ninety days; for legal entities - from thirty thousand to fifty thousand rubles or an administrative suspension of activities for a period of up to ninety days
(As amended by Federal Laws No. 45-FZ dated May 9, 2005, No. 54-FZ dated April 20, 2007, No. 116-FZ dated June 22, 2007)
Violation of the legislation on labor and labor protection by an official who was previously subjected to administrative punishment for a similar administrative offense - (as amended by the 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, it is prohibited to smoke tobacco at workplaces, in urban and suburban transport ... (clause 1 as amended by the Federal Law of 01.12. -FZ).
In this regard, I would advise, after detecting the driver smoking, write to 2 places:
In the RPN, a message about the violation indicating that a fine is provided for it under Article 6.4 of the Code of Administrative Offenses, at the same time mentioning that you wrote a statement to the State Labor Inspectorate;
Report the violation to the State Labor Inspectorate, indicating that a fine is provided for it under Article 5.27 of the Code of Administrative Offenses, at the same time mentioning that you wrote an application to the RPN.
One of them will take upon himself the suppression of this violation.
If it did not help: the Prosecutor's Office, the Department of Internal Affairs, the administration.
Upon receipt of information, government agencies will decide to verify this vehicle. The audit can be scheduled or unscheduled. In the RPN, the plan for scheduled inspections is approved before the beginning of the year, so scheduled inspections are not particularly suitable for us. They have to hold an unscheduled.
In case of unlawful refusal to consider your appeals, we 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 February 7, 1992 No. 2300-1 “On Protection of Consumer Rights” (as amended on November 23, 2009). And they have to pay the fare. In case of refusal, the consumer is paid a double fee, 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 people smoke at university/college/school/kindergarten...
Web form of a request 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/
Appeals of citizens are written or oral proposals, statements or complaints sent to a state body or official.
Proposal - a recommendation of a citizen 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 citizen's request for assistance in the exercise of his constitutional rights and freedoms or the constitutional rights and freedoms of other persons, or a message about a violation of laws and other regulatory legal acts, about shortcomings in the work of state bodies, local governments and officials, or criticism of the activities of these bodies and officials
Complaint - a citizen's request for the restoration or protection of his violated rights, freedoms or legitimate interests, or the rights, freedoms or legitimate interests of other persons.
You can complain about directors (rectors) with a request to impose sanctions on them, up to and including dismissal. If the institution is commercial - after preventive measures, you can revoke the license.
Rospotrebnadzor (RPN)
http://rospotrebnadzor.ru/virtual/feedback/
The federal law "On the Restriction of Tobacco Smoking" served as the basis for intensifying the fight against smoking in Russian universities, however, many educational institutions began the fight for clean lungs much earlier. 12 years since the opening of the non-state university of law (Moscow) smokers are not accepted. This is a requirement established in the Internal Regulations of the University. If the fact of smoking is established, the cost of student education can be increased by 30 percent. Further, an educational conversation is held with the violator of the Rules and a disinterested help in deliverance from a bad habit. If that doesn't help, student is expelled from the university. Some Russian universities have stopped accepting students who smoke.
In many universities, students are expelled for smoking in the wrong place. Such a practice exists.
New buildings are being built without smoking rooms. those who will be caught smoking, will have to say goodbye to the record book, because this university learned well the lesson of the terrible fire that broke out in the dormitory of the university in 2003 and claimed the lives of 44 students.
In ... for 7 thousand students, three smoking rooms are allocated within the walls of the institute. Smoking in the wrong place is prohibited. To monitor the implementation of this ban, a student law enforcement squad has been created to identify violators, who, as a rule, will be reprimanded.
In ... they fight the bad habits of their students using the "carrot and stick" method: for smoking - reprimand and deprivation of part of the scholarship. For commitment to a healthy lifestyle - excursions and trips. Non-smoking young people are provided with discounts in gyms and entertainment centers.
IN... For smoking on the territory of an educational institution, they are deprived of a scholarship for a month.
B... tobacco has been outlawed on campus for five years now. But even if a student decides to pamper himself with tobacco outside the university fence, he risks spending the evening with a broom and a rake, cleaning the territory of the alma mater.
In..., for example, the order of the rector to ban smoking in all internal buildings of the university is in force, 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-smoking employees and students, I consider it necessary to use the experience of combating smoking in other universities and apply more stringent measures established at the level of the internal regulations of the university.
The current no-smoking order in... needs to be improved. As shown by the positive experience of combating smoking in other universities, the order should clearly indicate the places for smoking, as well as the persons responsible for the execution of the order. A system of punishment for violation of the order should be developed. Only in this case can we count on a positive solution to the problem of smoking (including passive) in ...
The creation of smoke-free zones at the entrances to all buildings of vocational education institutions will bring great benefit to the students of the city. Smoking areas must be located at least 20 m from entrances. A simple solution: Install "Smoking Area" signs 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 the internal regulations and entail the application of appropriate measures to the violator of the developed system of administrative punishment.
Of interest is the experience of an individual conversation with an applicant when entering a university, when he is not only introduced to the order to ban smoking, but also offered to quit smoking. The Department of Physical Education has developed the Path to Freedom program, which can be used to prevent smoking and help those who want to quit smoking. This program was developed in accordance with Article 7 of the federal law "On the Restriction of Tobacco Smoking" ("...professional educational programs should contain sections relating to the study of the effects of tobacco smoking on the human body ..."). Every freshman should be trained in a proven, effective method for preventing and quitting smoking (the Path to Freedom program).
The issue of banning smoking in institutions of vocational education can also be considered from the point of view of fire safety, since there have been cases of fires in universities with a fatal outcome.
Smokers violate the Constitution of the Russian Federation, encroaching on the health of university students and teachers: medicine has irrefutably proven that a smoking person, by smoking in the presence of non-smokers, causes damage to their health, much more than to himself.
“...We have not accepted and will not continue to accept antisocial individuals for study. People who smoke - whether they are students, teachers, doctors or members of the Supreme Court - are antisocial individuals, because smokers:
This weak-willed people who are not able to give up a habit that is harmful to them and to those around them;
mostly mediocre workers who are not able to work normally, actively due to constant smoke breaks and smoky consciousness;
spoil the air and force others to breathe the poison they exhale, which is more harmful for non-smokers than for smokers themselves;
poison the minds of children and their health, infecting them with a bad example, as a sign of adulthood;
destroy themselves(a third of people who die early from diseases die as a result of smoking);
adversely affect the economic situation of their family;
increase the fire hazard in the institution at home and especially in the forest;
lobby for the adoption of anti-social, anti-constitutional, anti-people legal norms...”.
Some compassionate advocates of the rights of smokers believe that the right of a smoker to self-poison himself and poison 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 it would never occur to anyone to oblige the rector to accept them for study until they are cured. Smoking is also an infection, non-contact, but this does not make it less dangerous for young people. Let the patient be treated and come to study after being cured.
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 favorable environment.
According to Article 6 of the Law "On the Restriction of Tobacco Smoking", in Russia it is forbidden to smoke at workplaces, in urban and suburban transport, in air transport with a flight duration of less than three hours, in indoor sports facilities, health care and cultural organizations, in the territories and premises of educational organizations, in 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 violation of this rule. If no smoking areas are found, smokers will have to refrain from smoking for the entire duration of their stay at the listed sites, otherwise they violate the constitutional right of other citizens to a healthy environment.
Unfortunately, today there are very few cultured smokers who are aware that their smoking causes discomfort to other citizens, and try to prevent this from happening. The question is how to teach others to do this? An administrative fine, as well as a complete disregard for this offense by law enforcement agencies, never discipline citizens. Therefore, the most effective in the fight against smoking outside specially designated places are the sanctions established by the charters and other internal acts of organizations and institutions. But they must 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 mentioned 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 to smoke a lifetime.
The opinion that in order to acquire a bad habit you need to smoke a lot and for a long time, has been refuted by the latest research by scientists, from which it follows that only two days are enough for a child to get used to smoking.
The results of the study are alarming: already 38% of children who smoke have a pronounced nicotine addiction. Children usually begin to smoke at the age of twelve and a little, while 7.5% smoke daily, over 17% - several times a week, and about a third of schoolchildren "dabble". The most disturbing thing about this "indulgence" is that even when smoking seven cigarettes a month, children experience symptoms of tobacco addiction. For a child to get used to nicotine, two days is enough.
In some countries, the fight against smoking has been tightened to the limit: in North Korea, for example, young people who smoke are not admitted to universities, and students with symptoms of nicotine addiction, Kim Jong Il ordered to be expelled from the institutes.
5. Foreign practice
The world's strictest smoking ban has come into force in Finland. New law on tobacco limits the presence of tobacco products on the shelves and severely suppresses 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 18 years of age, but also simply to transfer them in another way. Even one cigarette sold to a minor is a crime. Violations will be punished by a fine, and in especially serious cases - imprisonment for up to six months.
According to the new law, it is forbidden to smoke in kindergartens, educational institutions and adjacent areas for walking. In addition, smoking is undesirable both in housing estates 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 for non-smokers.
The possibility of importing cigarettes and other tobacco products into the country is also limited. Individuals can carry no more than 30 50-gram packs for their own use, that is, it is forbidden to transfer it to someone else later, even as a gift.
It will not be possible to purchase tobacco products on the Internet. And in stores, they will completely disappear from the shelves - buyers will have to choose goods from a special catalog. Since 2015, it is planned to ban the sale of tobacco products in vending machines.
Recall that in recent years, many countries have become concerned about the problem of smoking and have established bans of different levels of severity. In particular, since mid-September in Egypt you can not smoke not only in public places, but also on the street. For violation of the ban will have to pay about 18 dollars. In the future, the authorities expect to increase the amount of fines for smokers.
Since September 1, a ban on smoking in public places has been introduced in Greece. In addition, in the country advertising of tobacco products is prohibited. Violation of the new law will be punished large fines. If smokers are seen with a cigarette in their hand in a public place for the first time, they will be issued a verbal warning, and the name of the violator will be entered into the database. The second violation is punishable by a fine of 50 up to 500 euros. The fine for owners of establishments where smokers will be noticed will be from 500 up to 10 thousand euros.
In August, tough restrictions for smokers began to operate in one of the German states - in Bavaria. Smoking is allowed only if you organize a private banquet in a fully rented restaurant room. In case of violation, the offenders will be charged severe fine.
In the USA in Lately are actively fighting smoking. Smoking is banned in all public places, and the cost of a pack of cigarettes has already reached eight dollars on average..
In Russia, however, so far neither shaky nor roll. Approximately 45% of boys and 28% of girls smoke in our large cities among students in grades 8-11. During one of the health checks of 112 high school students of one of the Moscow schools with a smoking experience of 3-5 years, it was found that 75% of them have two chronic diseases (respiratory and digestive organs), and the rest - one disease each. And one more thing, as the statistics show: starting to smoke, children, as a rule, reduce school performance.
Most Russians start smoking before they even finish school. Russian statistics confirm that if a person does not smoke at school, in most cases he will never smoke again.
Starting to smoke, children imitate their parents or relatives. However, a child in a non-smoking family is not immune from a bad habit: 52% of teenage smoking exposures arose after watching films where the main characters do not let go of a cigarette.
"Passive" smoking is also dangerous in schools and families: tobacco smoke that does not pass through a cigarette filter and enters 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 research shows 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 from smoking at home and smoke only at work or on the street still have cotinine levels 7 times higher than children of non-smokers.
And a few more numbers to think about. The average weight of a healthy newborn baby is approximately 3.3 kg. If the child's father smokes, the child's weight may be less than the norm by 125 g, and if the mother smokes, less than the norm by 300 g.
6. We have prospects
In Moscow, in 2011, they intend to ban smoking in public places.
The head of the Russian government approved the Concept for the Implementation of the State Policy to Combat 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, according to experts, 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 limit tobacco smoking in Russia.
It is planned that the cost of cigarettes will increase significantly. Russians who smoke should contribute more to the budget than those who lead a healthy lifestyle.
So that consumers are not tempted to once again buy a pack of cigarettes, they will be sold in "specially designated trade places." Perhaps in the future restrictions on the footage of stores will be introduced - small points will be banned from selling tobacco products
Literature and sources
Federal Law No. 59-FZ of May 2, 2006 "On the Procedure for Considering Appeals from Citizens of the Russian Federation" (as amended on June 29, 2010).
Federal Law of July 10, 2001 No. 87-FZ “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).
Code of Administrative Offenses “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 N 195-FZ (as amended on July 27, 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" dated 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 in the leading universities of Moscow (economic, legal, technical, humanitarian), two higher education(economic and legal), more than 50 publications (articles and books), member of the Union of Lawyers of Moscow, member of the Union of Journalists of Russia, member of the Union of Journalists of Moscow, scholarship holder of the Government of the Russian Federation, experience in banks, commercial and government structures (including senior positions), Deputy General Director "Credit broker deniskredit.ru (credit broker www.deniskredit.ru).
Graduated from the Moscow State University of Geodesy and Cartography (MIIGAiK), Faculty of Economics and Territory 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 raises educational level in various spheres of life, is fond of hatha yoga and various sports.
Imagine a person who has never been to Novgorod State University and learned about our university only from information on the Internet, news and other resources. Everywhere everything is very rosy: "Students held an action to combat drug addiction and alcoholism", "Charity basketball competitions were held", "NovSU - we are for a healthy lifestyle", "The Internet has become 20 times faster", "Food in canteens has become more tastier", "New dormitories for foreign students have been built", etc. When such a person gets to know the university in real life, understanding comes to him. Understanding that not everything is so positive.
Smoking at the university is prohibited only on paper. Everyone knows about it, and, worst of all, they show complete indifference to it. Responsible for compliance with the internal regulations (http://www.novsu.ru/file/3457), namely "... heads of structural divisions of the University, commandants of educational buildings (dormitories), Security and Communications Department.", do not control the implementation these rules (or do not want to control). Students, teachers, university staff, employees of third-party organizations that occupy premises on the territory of the university smoke.
Needless to say, all this affects the health of people who are trying to earn their hard-earned money within the walls of their native university. In addition to health, the desire to work and study at such a university disappears.
I don't know if it makes sense to fight for prestige and be proud of your university, when inside the university itself they spit on their own rules. In addition to my main job, I am engaged in teaching schoolchildren in courses additional education. When the guys return from a break to class, they ask: "Is it possible to smoke at the university? I thought that it was only in our school that this happened ...". What do you want me to say to them? Tell them a lecture about the fact that in our country everything is through one place and our university is no exception? Will such a student then want to enter NovSU?
Naturally, this is a problem not only for NovSU, but for society as a whole. As one said clever man: "Whoever wants to move the world, let him move himself first." Therefore, I would like to draw the attention of the university community to this problem. I understand that for every secluded place at the university you can’t put a person with a stick who will disperse those who want to spoil their health. Therefore, it is necessary either to come up with a radically new mechanism for combating smoking at the university or to establish the implementation of existing ones.
Questions for management:
1) What sanctions are provided for non-compliance with the internal regulations for each of the group of persons listed in paragraph 10 (link to the rules above)? 2) Is it possible to encourage responsible persons to fulfill their duties? 3) Maybe it makes sense to put fire alarm sensors in the toilets?