The lawyer talked about ways to combat smoking neighbors

Conflicts between residents of apartment buildings due to tobacco smoke from balconies and windows remain one of the most common household problems. Despite the absence of an outright ban on smoking in the apartment, neighbors can defend their rights through the courts, Evgeny Zharov, head of the Russian Bar Association's Commission on Ecology and managing partner of the Zharov Group Law Firm, told Izvestia.

According to him, such disputes arise due to a legal conflict: the law does not prohibit smoking in a private living space, referring it to a private space, but this does not mean that a smoking neighbor has the right to poison the lives of others with impunity.

The protection of the rights of non-smoking residents in the courts is usually based not on the violation of the anti-smoking law, but on the realization of the constitutional right to a favorable living environment, the source explained. At the same time, the key condition for success is the availability of convincing evidence.

"In order to force a neighbor to stop smoking and obtain compensation, it is necessary to prove the systematic and harmful nature of his actions. The most reliable way is to prepare for a civil lawsuit: video recordings of the smoke source, witness statements, a smoke diary, and, ideally, an air quality examination," the lawyer said.

At the same time, Zharov warned residents against trying to resolve the conflict on their own — for example, to block ventilation or communications to neighbors, since such actions can be qualified as arbitrariness.

Read more about legal ways to combat smoking neighbors in the Izvestia article.

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