Advice from lawyers:
1. Smoking is prohibited on university premises. Should there be designated smoking areas and is it possible to ask for them to be arranged?
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 they post videos of smoking on campus?
2.1. nowhere, they have no right to post such videos
Did the answer help you? Not really
3. You were fined for smoking on university premises, the question is: what is the size of the fine, how long will it take to arrive and can it even “burn out”?
3.1. Code of Administrative Offenses of the Russian Federation, Article 6.24. Violation of established federal law banning tobacco smoking in certain areas, premises and facilities
(introduced by Federal Law dated October 21, 2013 N 274-FZ)
1. Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities, with the exception of cases provided for in Part 2 of this article -
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 ban on smoking tobacco on children's 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.
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3.2. The fine expires after 2 years
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4. A month ago I was detained on campus for smoking, they drew up a report and said that there might be a fine. Today I discovered two expired summonses that I had no idea about. What consequences can overtake me? First time detained.
4.1. pay a fine. otherwise there may be liability under Art. 20.25 Code of Administrative Offenses of the Russian Federation
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5. They caught me smoking on campus and issued a report. The first time they said it would just be a warning. What consequences? Russia.
5.1. If you get caught a second time, you will be fined or punished in some other way, in accordance with the local regulations of the university. Don't smoke on site and there will be no consequences.
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6. The second time they wrote a report for smoking in a public place. On the territory of the university. The first time was last year, I paid 500 rubles. fine. This time, how much will the fine be?
6.1. The same 500 rub.
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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 witnesses. During the search, he found 1 cigarette on me and confiscated my wallet where it was located. He said that this is material evidence. I study at the Krasnodar University of the Ministry of Internal Affairs of Russia. Smoking is prohibited on the premises, as is carrying. Have my rights been violated?
8. I am a student and I want to organize a smoking area on the university premises. My friend (and me) feel sick from cigarette smoke, and they smoke near the entrance to the university grounds. Is this allowed by law and, if so, under what article?
Thank you.
8.1. Prohibited according to the Federal Law "On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption."
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9. Is smoking allowed on university premises, for example, next to the academic building?
9.1. no, not allowed
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10. I am contacting you on behalf of the residents of the hostel. The dormitory is located on the territory of the university. About half of the people who smoke live there. Recently, a complete ban on smoking in the hostel has been introduced. Please tell me whether the university administration is obliged to organize a smoking area in the dormitory? And is what the university is doing legal?
10.1. Smoking is prohibited in educational institutions, including dormitories.
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11. I work at the university. A month ago, an order was issued from the rector prohibiting smoking on the territory of the university, citing the impossibility of equipping special equipment. Smoking rooms and offer smoking outside in certain areas. How legal is this order and isn’t the university obliged to equip smoking rooms?
11.1. Unfortunately, I cannot agree with the opinion of my colleague, because... I find the rector’s order legal, justified, and accordingly subject to application.
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.
Law of the Russian Federation "On Fire Safety" and employment contract, concluded by you with the educational institution, according to which you have undertaken to obey the internal orders of the rector.
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11.2. Such an order is unlawful (Article 55 of the Constitution).
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12. I kindly ask you to answer two questions (at least in a few words):
1) Has Law No. 87-FZ “On Restricting Tobacco Smoking” been adopted, as well as the draft federal law “On Amendments and Additions to the Code?” Russian Federation on administrative offenses dated December 30, 2001 No. 195-FZ (on establishing liability for smoking in undesignated smoking areas), in particular paragraph:
Add Chapter 6 of the Code of the Russian Federation on Administrative Offenses with Article 6.15 as follows:
"Article 6.15. Smoking on the territory and premises of educational organizations in places not designated for smoking
1. Smoking on the territory and premises of educational organizations in places not designated for smoking will result in a warning.
2. The same actions committed repeatedly within a year after the imposition of an administrative penalty - entail the imposition of an administrative fine in the amount of three minimum sizes wages.
3. Actions provided for in Part 1 of this article, committed by a person who was subjected to administrative punishment twice during the year for smoking on the territory and premises of educational organizations - entail the imposition of an administrative fine in the amount of five times the minimum wage." and if taken, then why are there no relevant 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 answer!
12.1. 1. Law No. 87-FZ, as amended, has been in force since 2002.
2. The changes you specified in Adm. the code has not been introduced. Art. 6.15 of the current Adm. Code establishes liability for violating the rules of 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,
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13. I am a student, I live in a dormitory. Recently, our new local police officer began to attract students for administrative violations, such as smoking, drinking alcohol, etc. Also, according to him, for going out after one in the morning (according to university rules, the dormitory is closed from o'clock in the morning until the morning) the punishment will be 15 days. According to the university regulations, smoking and drinking alcoholic beverages are indeed prohibited on the dormitory premises, 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 whether his actions are legal.
13.1. What does it mean “began to be prosecuted 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 Offences, and then a decision is made by the appropriate official? Or does he just go around and collect money?
If the latter, then his actions are illegal, called “Taking a bribe” and are punishable by imprisonment for up to 7 years (ST 290 of the Criminal Code).
Of course, leaving the hostel at night and smoking is a violation of the internal regulations of the hostel and is in no way an administrative offense; liability for this is not provided for by the Code of Administrative Offenses.
Of all the things you mentioned, only “drinking alcoholic beverages” on university premises is such, which entails a fine of 100 to 300 rubles (beer) and up to 1500 rubles ( strong alcohol) - Art. 20.20. Code of Administrative Offences.
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Question: In accordance with Federal Law dated February 23, 2013 N 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption,” smoking in educational institutions and is prohibited on their territory. The above law is not observed by university students. In the main building of St. Petersburg State University (the building of the Twelve Collegiums is an object of 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, one constantly observes a picture of employees smoking 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 a gross violation of the Federal Law is taking place “on the porch” of the main building. 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 Colleges, actually receive a photograph of the “smoking” university employees (the resulting photograph is not very pleasant). I ask you to influence the implementation of the Law by University students who spoil the image of the University with their actions and pollute environment tobacco smoke.
Answer from the head of the Main Directorate for the Operation of Material and Technical Bases, Viktor Alekseevich Kozyrev:
Dear Ruslan Yurievich!
You are right, on June 1, 2014, the Federal Law of February 23, 2013 No. 15 “On protecting the health of citizens from the effects of environmental 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 management 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 smoking tobacco in the territories and premises used to carry out their activities, and also, 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 policy of “total smoking ban” within their territory, and on the other hand, provides legal entities with the opportunity to independently decide whether they are ready to take the path of encouraging 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 the effects of second hand tobacco smoke and the consequences of tobacco consumption”, establishes administrative punishment of citizens for violation of legal requirements 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 or collect administrative fines from violators of the smoking ban on University premises. This function is assigned to the relevant officials law enforcement- for smoking outside specially equipped places, as well as against state fire inspectors - for violation of fire regulations (smoking) in buildings.
At the same time, smoking on the territory of St. Petersburg State University not only constitutes an administrative offense, it is also a violation of Order No. 6199/1 dated August 25, 2015 “On the ban on smoking in buildings and on the territory of St. Petersburg State University” (from September 1, 2015), as well as p/ P. b clause 8.2 of the internal labor regulations of St. Petersburg State University, approved by the decision of the Academic Council of St. Petersburg State University on August 31, 2013 and approved by order No. 4135/1 dated November 8, 2013.
In this regard, when facts of violation of the ban on smoking tobacco on the territory of the University are revealed, on the basis of reports on the discovery of facts indicating the commission of a disciplinary offense, the heads of the sections, the commandants of the buildings, employees of the regime and security department, employees of the 72nd fire department draw up proposals for involvement in disciplinary liability of violators in accordance with clause 3.1. 3.2 “The procedure for bringing to disciplinary liability students of St. Petersburg state university(St. Petersburg State University) for violations of the St. Petersburg State University charter, the internal regulations of St. Petersburg State University, committed in the dormitories and on the territory of the St. Petersburg State University campus, as well as in the dormitories and on the territory of the educational, scientific and educational and recreational bases of St. Petersburg State University" 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 University employees). After which, the above-mentioned managers make a decision to send submissions to law enforcement agencies for drawing up protocols on administrative offenses and imposing administrative fines.
Relevant law enforcement officials are authorized to assign and collect administrative fines from violators of the smoking ban on sections of streets adjacent to University buildings.
Since there are no regulatory documents or by-laws regulating smoking on city streets near the University buildings (not only near the building of the 12 colleges), employees ensuring 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 Campus.
Imagine a person who has never been to NovSU and learned about our university only from information on the Internet, news and other resources. Everything is very rosy everywhere: “Students held an action to combat drug addiction and alcoholism”, “Charity basketball competitions were held”, “NovSU - we are for healthy image life”, “The Internet has become 20 times faster”, “The food in the canteens has become even tastier”, “New dormitories have been built for foreign students”, etc. When such a person gets to know the university in person, an understanding comes to him. that not everything is so positive.
Smoking at the university is prohibited only on paper. Everyone knows about this, and, worst of all, they show complete indifference to it. Those responsible for compliance with 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 implementation these rules (or do not want to control). Students, teachers, university staff, and employees of third-party organizations occupying premises on the university premises smoke.
Needless to say, all this affects the health of people trying to earn their living within the walls of their home 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 don’t care about their own rules. In addition to my main job, I teach courses to schoolchildren additional education. When the guys return from a break to class, they ask: “Is it possible to smoke at the university? I thought it was only like this at our school...”. What do you tell me to answer them? Give them a lecture about how in our country everything is in one place and our university is no exception? Will such a student then want to enroll at NovSU?
Naturally, this is a problem not only of NovSU, but also of society as a whole. As one said clever man: “Whoever wants to move the world must first move himself.” Therefore, I would like to draw the attention of the university community to this problem. I understand that it is impossible to place a person with a stick at every secluded place at the university who will disperse those who wish to spoil their health. Therefore, it is necessary to either come up with a radically new mechanism to combat smoking at the university or improve the implementation of existing ones.
Questions for management:
1) What sanctions are provided for non-compliance with internal regulations for each of the groups of persons listed in paragraph 10 (link to the rules above)? 2) Is it possible to encourage responsible persons to fulfill their official duties? 3) Maybe it makes sense to install fire alarm sensors in toilets?
Hello.
Valeria
In the territory educational institution There is a smoking area, but the police still fine people even in this area.
Valeria
In accordance with:
Federal Law of February 23, 2013 N 15-FZ
(as amended on December 31, 2014)
“On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption”
Article 12. Prohibition of tobacco smoking in certain territories, premises and facilities
1. To prevent the impact of environmental tobacco smoke on human health, smoking tobacco is prohibited
(except for 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, smoking tobacco is allowed:
1) in specially designated places in the open air or in isolated rooms that are equipped with ventilation systems and are organized on ships on long voyages when providing services for the transportation of passengers;
2) in specially designated 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 equipment 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, carrying out 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 exercising the functions of developing and implementing state policy and legal regulation in the field of healthcare, and should ensure compliance with the hygienic standards established in accordance with the sanitary legislation of the Russian Federation for the content in the atmospheric air of 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 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 with the Ministry of Justice of Russia on 04/09/2015 N 36809)
At the moment, this order has not entered into force. Effective October 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 standing nearby, but not in this place?
Tell me, do 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. Code of Administrative Offenses of the Russian Federation “Violation of the ban on smoking tobacco established by federal law in certain territories, premises and facilities.”
But the question remains about the legality of such a drafting. I believe that the actions of the employees are still legal. However, I don't know all the circumstances, so I can only speculate.
In any case, persons who are brought to administrative responsibility can appeal against such prosecution.
For now, all that remains is 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 I helped in resolving your issue. Good luck to you.
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 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 bad habit or minimize it.
However, not all students adhere to this position. Thus, 36% of smoking and 9% of non-smoking respondents call this law a mistake. More than half of them are sure that it is doomed to failure, because... everyone will still smoke in secret. 41% of respondents are indignant that in a free country they are constantly prohibited from doing something, 17% believe that this will reduce the academic performance of smokers, because they will miss couples in search of officially approved places and suffer from their addiction, and 16% assume that the State Duma simply wants to torture 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 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 |
| On the territory adjacent to the university | 28 |
| I don't smoke at university | 17 |
| In the toilet | 7 |
| On the staircase, steps | 3 |
| Other | 1 |
The State Duma adopted in the second reading an anti-tobacco bill, according to which smoking will be prohibited in public places, including universities, this summer. How do you evaluate this decision?
| Answer | I smoke, % | I do not smoke, % | Average, % |
|---|---|---|---|
| I approve, this is the right measure | 48 | 80 | 73 |
| I don’t approve, this is the wrong decision | 36 | 9 | 15 |
| I find it difficult to answer | 16 | 11 | 12 |
Why do you think this law is a mistake?
Several possible answers are possible
| Answer | % |
|---|---|
| This law is doomed to failure, because... students will still smoke in secret | 57 |
| It’s just stupid to ban something - we live in a free country! | 41 |
| This will lead to a decrease in the academic performance of students who smoke: some will skip classes, while others simply will not be able to concentrate on their studies in such conditions | 17 |
| This is inhumane to students who smoke. Lawmakers condemn them to torment! | 16 |
| Other | 8 |
If your university introduces a smoking ban (under threat of expulsion) and there are no specially equipped smoking areas, what will be your actions?
| Answer | % |
|---|---|
| I’ll quit smoking or try to do it less often (tolerate until home) | 58 |
| I'll continue to smoke in secret wherever possible. | 21 |
| I will go out and smoke outside the university premises | 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 |
