The lawyer spoke about possible fines for smoking on the balcony

Smoking on the balcony is not directly prohibited in Russia, but in some cases it can lead to administrative liability or legal disputes with neighbors. Ilya Vasilchuk, a judicial lawyer, an expert on the security of electronic transactions and real estate transactions, and a public figure, told Izvestia on April 13.

"Responsibility depends on the specific circumstances and consequences for others. One of the grounds for a fine may be a violation of fire safety regulations. If smoking creates a risk of fire, for example, due to an unlit cigarette, this falls under Article 20.4 of the Administrative Code of the Russian Federation. In this case, the fine can range from 5,000 to 15,000 rubles," the expert noted.

Smoking in public areas is regulated separately. If the balcony belongs to a communal area, for example, it is located on the landing, smoking is prohibited there and is punishable by a fine from 500 to 1.5 thousand rubles.

The expert stressed that even smoking on a private balcony can be a reason for proceedings if smoke penetrates into neighboring apartments. In such a situation, neighbors have the right to go to court and demand compensation for moral damage, especially if they can prove a negative impact on health.

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It is possible to deal with violators only by legal methods.

The lawyer noted that in order to protect their rights in such cases, it is important to collect evidence.: photo and video materials, witness statements, as well as documents confirming the harm to health. You can also contact the district police officer or the management company.

At the same time, Vasilchuk stressed that judicial disputes in such cases require a convincing evidence base. Without evidence of a causal relationship between the actions of the smoker and the harm caused, the court may dismiss the claim.

On April 6, Irina Kotlyarova, the head of one of the recruitment companies in Primorsky Krai, said that an employee can be fired for smoking in the workplace if it is prohibited by a local regulatory act of the employer. In this case, dismissal is applied as an extreme disciplinary measure. According to her, in case of violation, an employee can be disciplined: the employer requests an explanation, issues an appropriate order and introduces it to the employee under the signature.

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