Tobacco smoking in the Russian Federation is regulated by federal law. His number is 15-FZ. The law aims to protect the health of citizens from exposure to tobacco smoke, as well as the harmful effects of tobacco consumption.
More recently, smoking in long-distance trains or trains was almost unlimited by law. It was forbidden to smoke only in the toilet and in the passenger compartment. Tambour was a recognized smoking place. But 06/01/2014, the law was amended. Can I smoke on trains now?
The essence of the amendments
Since the summer of 2014, smoking on electric trains and long-distance trains has been completely prohibited. This should be clarified to everyone who is interested in the question of whether it is possible to smoke on the train. In addition, now the ban applies to the premises of stations and train stations.
Hope for error
Can I smoke on the train? Despite widespread outreach, passengers often ask this question. In Russia, one third of the population is smokers. Therefore, the essence of the law has not yet reached all. Rather, many still cannot believe that such a law has really been adopted. It seems that citizens still hope that they misunderstood something. Within two years from the entry into force of the amendment to the law, passengers ask again and again: "Is it possible to smoke on a long-distance train?" The answer to this question is categorical and unequivocal: "It is impossible!".
Can I smoke in the vestibule of the train?
Smokers are trying to clarify this point, hoping for a saving loophole. After all, before the adoption of the amendments, the unofficially recognized status of the smoking halls was considered unshakable. The answer is one: it is impossible!
Can I smoke on the train in the toilet?
Tobacco lovers panicky are looking for a way to ensure relative comfort on the road. But they should make it clear once and for all: you can’t smoke on a long-distance train - nowhere!
And at the stops?
For those who are interested in smoking at train stops, the answer is yes. The comment of the Ministry of Internal Affairs on the Federal Law clearly explains: the rules stipulate that smoking is allowed on the platforms while being at least 15 m from the station.
Those who are interested in whether it is possible to smoke on the train or at least next to it (during stops) should pay attention to this condition: the ban on smoking does not apply to platforms and platforms, places for stops of long-distance trains, with the exception of places located from the entrance to the premises of the railway station at a distance of less than 15 m!
The State Duma Committee on Health, where the document was developed, explained that smoking is not formally prohibited at public transport stops. The law does not spell a prohibitive provision.
On the street while you can
Smoking on the street is also not prohibited. Streets and personal apartments of citizens remain the only places where you can still smoke. But there are also restrictions.
It is forbidden to smoke on playgrounds, gas stations, beaches, and train platforms. And also nearby (less than 15 m) the entrances to the railway and bus stations, air, sea and river ports, metro stations.
Anti-Tobacco Law: History
The anti-smoking law, which excluded from the list of places where you can smoke, offices, porches, hospitals, schools and universities, beaches, playgrounds, gas stations, an area less than 15 meters from bus stops, metro, train stations and airports, came into force on June 1, 2013- go. A year later, by the adopted amendments to the law, the government banned citizens from smoking in dormitories, hotels, catering establishments, covered markets and other retail facilities, as well as in long-distance trains, in electric trains, ships, on platforms for stopping suburban trains.
The prohibition of smoking is aimed at maintaining the health of those who do not smoke, in particular children.
Resonance
The additions stirred up the country's population more than international sanctions against the Russian Federation. It is difficult to find those who would remain indifferent to this law.
Concessions
For passengers who can not do without cigarettes, the law provides for some concessions. For them, the owner of the infrastructure can be equipped with special places. However, the owner’s law does not oblige to equip such places. This may be his own commercial solution, increasing the quality of passenger service.
Today, in no one millionth city of the Russian Federation, special smoking zones are not equipped at railway stations.
Punishment
For violation of the law is punishable:
- for citizens, smoking in the wrong place is fraught with a fine of 500 to 1,500 rubles .;
- officials for a similar violation can be fined from 10 thousand to 20 thousand rubles .;
- legal entities can pay an amount from 30 thousand to 60 thousand rubles .;
- smoking on playgrounds is punishable by a fine of 2-3 thousand rubles;
- organizations that do not ensure compliance with the smoking ban on their territory are fined from 60 thousand to 90 thousand rubles .;
- organizations that did not ensure the presence of a sign prohibiting smoking - from 30 thousand to 60 thousand rubles;
- organizations in the territory of which a smoking room is illegally equipped - from 50 thousand to 80 thousand rubles.
Economic impact
In addition to prohibitive measures, the law also provides for an economic impact on smokers. Since January 2014, excise taxes on tobacco products have been raised in the country. Discounts on cigarettes are prohibited, donating tobacco products during advertising campaigns is not allowed. It is forbidden to display tobacco products in films, radio and television programs, etc.
The law provides
Those who are interested in smoking on the train should know:
- The law provides that police must catch and fine passengers on long-distance trains.
- On platforms, places of stops of suburban trains for smokers should monitor surveillance cameras.
- At railway stations, Russian Railways employees should remind passengers of the ban on smoking. From platforms, they are required to remove containers for cigarette butts.
- Escort orders must be on duty on trains. The police officers who patrol the composition, upon detection of smoking passengers, an administrative protocol is drawn up. Russian Railways employees who notice violators are required to inform the police.
- A passenger who has noticed a smoking neighbor can notify the guide. The conductor should be called by a team of transport police escorting the train, who write a fine.
- Citizens smoking on a train cannot be detained by the conductor himself, just as smoking cannot be recorded. If there is no police brigade on the train, it should be called from a nearby station.
Penalty and Protocol
Lawyers say that police can only fine passengers who smoke. They have no rights to land them from the train. You can drop off a passenger if he is hooligan and rowdy. A smoker who has received a record of an administrative offense must subsequently pay a fine. If an offender has fined 10 thousand rubles. they may not be allowed to go abroad.
The Code of Administrative Offenses states: if the fine is not paid within 60 days, its amount will triple.
Criticism
To many, anti-smoking laws seem cruel. Doctors call nicotine addiction not a whim, but a disease. Do not forbid a person to smoke for two to three days, doctors say, because it does not depend on his will.
Passengers on trains will smoke bypassing the law, finding all kinds of loopholes for this, experts say. Someone will go out for a smoke at the bus stop. Someone will pay the conductor, and she "will not notice" the smoker in the vestibule. Someone will smoke in the window in the toilet, creating queues, or get between cars, risking falling under a moving train.
Long-distance trains should be equipped with at least one smoking area, experts say. Only six months after the adoption of the law, the amount of fines for “illegal” smoking in the capital amounted to 6.5 million rubles. The number of Muscovites who have corrected the anti-tobacco law is more than 30 thousand people.
Violation of Democratic Rights
Experts argue that the rights of citizens are infringed and limited by law. The society is forming an opinion that it is necessary to act not by prohibitions, but by fostering a smoking culture. Many consider the deputies' approach too radical and not taking into account the civil rights of those who are guilty of only being addicted.
The new law does not take into account such a thing as social consent, experts say. In a society where nearly half of its members are smokers, consent is required, not prohibitions. The fact that they made a super-forbidden fruit from smoking will by no means reduce the number of smokers. The law is problematic to the absolute impracticability - such is the summary of specialists.
What are the results?
The totality and unexpectedness of the ban for Russian society was excessive. After the introduction of fines for smoking on trains, sales of Russian Railways tickets fell markedly. In general, the effect of the law, according to experts, is not effective. Many smokers from the vestibules moved to the toilets. At the same time, non-smokers were primarily affected. For a long time, the ban did not work at all in the regions: trying to hold smokers accountable, police officers faced general resistance. Because of this, the authority of the policeman has fallen significantly.
The practice and the widespread abundance of cigarette butts indicate that the ban is ignored. In addition, it causes many additional problems:
- corruption is growing among Russian Railways employees who take bribes to provide passengers with the opportunity to smoke in a prohibited place;
- passengers smoke secretly and throw out cigarette butts, frightened by inspectors, in the wrong places, which leads to fires;
- At the station, a large number of people go to the platform to smoke, which creates a traumatic situation for smokers themselves, as well as for other passengers;
- smoking on the site between the cars or in the toilet window is fraught with accidents;
- the psychological state of smokers worsens, which creates an unfavorable atmosphere and provokes conflicts.
What about the neighbors?
Many people are interested in smoking in Belarusian trains. It is known from reliable sources that you can lift on the road in Belarus only when traveling abroad. More recently, the belts of Belarusian trains were equipped with ashtrays, and passengers could legally smoke here. But not so long ago, the Rules for Passenger Transport were amended: now you can smoke only in international trains, in places specially designed for this.
On the way to Russia or Ukraine, you can smoke both in Belarus and after crossing the border. Also on trains to Lithuania, Poland and the countries of the former USSR. But on the train to Berlin, smoking is allowed exclusively in Poland and Belarus. Further, a bad habit is prohibited by the rules.
The conductors must monitor compliance with the rules. To restore order, if necessary, police officers are called. For smoking in a train or other prohibited place in Belarus, a fine of 400 thousand non-denominated rubles is imposed. In addition, they can take it off the train.
About electronic analogues
The introduction of new bans has caused citizens a very reasonable question about what to do with electronic tobacco analogues? Do restrictions apply to them? Is it possible to smoke an electronic cigarette on a train?
Experts note that in Russia electronic cigarettes are not considered tobacco products. They mimic the smoking process, but are made without the use of tobacco leaf. Since electronic cigarettes are not tobacco products, their consumption and sale are not subject to restrictions. Their use in public places is permitted.
According to media reports, in January 2016, smoking of electronic cigarettes directly in the car was legalized on Russian Railways trains. So in the Russian Railways provides the comfort of smoking passengers. Replacing a classic cigarette with a nicotine vaporizer is allowed to reduce the inconvenience of traveling on a train for tobacco smokers. On long-distance trains, electronic cigarettes are available from conductors. Disposable products (classic tobacco taste, three degrees of strength) cost 250 rubles. In retail stores, their price is 100-150 rubles. You can buy an electronic cigarette from a guide and smoke it right in the car.
Conclusion
According to the results of research, tobacco lovers did not decrease after the adoption of legislative bans in the Russian Federation. Of course, it is unacceptable to poison the life of non-smokers with harsh smoke coming from everywhere, harmful to their health. But will bans help? This is doubtful. As an example, one could recall the inefficiency of the adoption of the Prohibition.
The solution to this problem requires a comprehensive approach. Favorable conditions on the road, as in life in general, must be created for all citizens, including smokers.