The lawyer named the conditions for receiving compensation for smoking neighbors

Ilya Vasilchuk, a trial lawyer, an expert on the security of electronic transactions and real estate transactions, and a public figure, told Izvestia on March 26 what steps should be taken to receive compensation for damage caused by tobacco smoke from neighbors. According to him, the key element in such disputes is the collection of evidence and compliance with procedural requirements.

To confirm the fact that smoke has entered the apartment, a set of arguments will be required. These include photos and videos documenting violations, witness statements from neighbors or family members, as well as medical documents confirming the negative effects of smoke on health. Additional evidence may be the results of air quality measurements conducted by accredited laboratories, comparing the indicators with current sanitary standards.

The lawyer also recommends that attempts at a pre—trial settlement be recorded, for example, by sending a written complaint to a neighbor demanding that he stop smoking. In parallel, it is worthwhile to file complaints with the management company and Rospotrebnadzor, which can check and issue an order to eliminate violations.

"If it turns out that the cause of the spread of the odor is faulty ventilation, the management company may also be held accountable," Vasilchuk said.

He recalled that citizens have the right to a favorable environment, free from the effects of tobacco smoke. In case of moral harm, both physical and moral, the victim has the right to demand compensation through the court. The amount of payments, as a rule, varies from 5 to 20 thousand rubles, but is determined individually, taking into account all the circumstances of the case, including the duration of the violation and the degree of discomfort caused.

At the same time, claims for compensation for moral damage are not limited by the statute of limitations, which allows you to go to court at any time. However, the court may take into account the limitation period of the violation when determining the amount of compensation.

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Vladislav Bykhanov, Managing Partner of CORNERSTONE HR company, reported on January 27 that the number of companies refusing to hire smoking employees continues to grow. He noted that until recently, regular smoke breaks were not perceived as a serious problem for businesses, but today employers are increasingly considering this habit as a factor reducing discipline, destroying corporate culture and increasing hidden costs.

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