How to advertise cigarettes and tobacco products. Punishment for advertising Time of sale of cigarettes, tobacco products
From June 1, 2013, with the exception of a few provisions, the Federal Law of the Russian Federation dated February 23, 2013 No. 15-FZ (hereinafter referred to as the Law) comes into force, prohibiting smoking in public places, sponsorship and advertising of tobacco, as well as involving children in tobacco use. Due to the fact that since May 11, 2008 the Russian Federation has been a party to the World Health Organization Framework Convention on Tobacco Control, the adoption of the new law is the fulfillment of obligations to combat smoking and reduce mortality due to tobacco use at the international level. Naturally, the adoption of what is also called the "anti-tobacco" law caused ambiguous opinion in society, because the new law affects many interests, from the most powerful tobacco lobby to the ordinary smoker.
The ban on smoking in a number of public places will be introduced gradually.
Recall that from June 1, 2013 it will be forbidden to smoke in schools, universities, hospitals, clinics, sanatoriums, government buildings, municipalities, social services, elevators and entrances, airplanes, urban and suburban transport, inside and closer than 15 meters from the entrances to train stations and airports, metro stations, sports and cultural facilities, workplaces and work areas organized indoors, playgrounds and beaches (of the Law).
From June 1, 2014, the smoking ban will apply to long-distance trains, long-distance ships, hotels, cafes and restaurants, markets and other retail facilities, commuter train platforms (clauses 3, 5, 6, 12, part 1 of the Law).
What are the consequences for smokers if they break the law?
It is obvious that the prohibition is effective only when it is backed up by the relevant rules on liability for its non-compliance. The adopted "anti-tobacco" law provides for disciplinary, civil and administrative liability (of the Law).
On May 14, 2013, the State Duma adopted in the first reading a bill on fines for violating the "anti-smoking" law (full name - the draft Federal Law "On Amendments to the Code of Administrative Offenses of the Russian Federation and the Federal Law "On Advertising" in connection with the adoption of the Federal Law " On the protection of public health from the effects of second hand tobacco smoke and the consequences of tobacco consumption", No. 222563-6, hereinafter referred to as the Draft Law)
The bill provides for the following administrative fines (table):
Table. Administrative liability for violation of established prohibitions (Article 1 of the Draft Law)
Type of violation | Type of punishment |
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Individual | Entity | Executive |
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Tobacco smoking in certain territories prohibited by federal law, in premises and objects | Fine: 1000 - 1500 rubles. | ||
Sale of tobacco products to minors | Fine: 80,000 - 90,000 rubles; | Fine: 8,000 - 10,000 rubles; |
|
Tobacco sponsorship | Fine: 80,000 - 150,000 rubles; | Fine: 5000 - 7000 rubles. |
|
Violation of prohibitions and restrictions on the demonstration of tobacco products and the process of tobacco consumption | Fine: 2000 - 5000 rubles. | Fine: 80,000 - 100,000 rubles. | Fine: 8,000 - 10,000 rubles. |
Violation of prohibitions and restrictions on the demonstration of tobacco products and the process of tobacco consumption in information products intended for minors | Fine: 3000 - 5000 rubles. | Fine: 80,000 - 100,000 rubles. | Fine: 10,000 - 15,000 rubles. |
Fine: 100,000 - 500,000 rubles; | Fine: 5,000 - 20,000 rubles; |
||
In the process of implementing the law, there will be practically no habitual places for smoking left; in fact, smoking will only be possible at home and on the street, where there is no ban established by law. According to the Global Adult Tobacco Survey (GATS) conducted in 2009, almost 44 million people in Russia (39.1% of the adult population) are regular tobacco smokers.
As a result of a survey of our users on the topic: "Will, in your opinion, this ban will "work" if it is planned to introduce administrative fines for violations (the corresponding bill was adopted in the first reading)?" it turned out that more than half of the respondents (67% - red segment) believe that a smoking ban will not work, while 32% of users believe that such a ban will work (green segment), and 1% expressed indifference to this topic (yellow segment).
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Time of the survey: May 20-26, 2013 |
With the introduction of a smoking ban, three questions automatically become relevant:
- in the smoking population: where will smoking be allowed without consequences?
- employers: does their organization fall under the "double ban" or is it possible to organize special smoking areas and according to what technical requirements?
- for non-smokers: where to turn if the smoker deliberately continues to violate the Law?
Where can you smoke without consequences? The principle of the rule of law states: a citizen is allowed everything, except for what is expressly prohibited by law. Therefore, smoking is allowed where it is not prohibited by law. So, you can smoke only in specially designated areas, in your own apartment or house and in your car.
To avoid administrative liability for smoking in prohibited places, we offer several recommendations:
1. You need to know the exact list of places where smoking is prohibited, and adhere to it as much as possible.
2. If you were caught smoking in a prohibited place, then remember that the presumption of innocence operates on the territory of the Russian Federation (part 2 of article 1.5), therefore, the burden of proof lies with the prosecution. Indisputable evidence confirming the violation will only be the fact that you are caught by the hand. In addition, only an executive authority, a police officer or a district police officer can bring to administrative responsibility. Testimony alone is not enough, and video cameras have not yet been installed on all playgrounds and stairwells.
3. In case of disagreement with the protocol on an administrative offense, the current legislation provides for the opportunity to challenge in court the decision, action (inaction) of a state authority, local government, official, state or municipal employee, if you think that your rights have been violated (part 1 article 254).
4. The receipt and playback of audio and video recordings may be associated with a violation of the privacy of citizens (Article 23). According to part 2 of Art. 55 Evidence obtained in violation of the law has no legal force and cannot be used as the basis for a court decision.
Is it possible to organize special smoking areas and what requirements should be followed? Which organizations will fall under the "double ban"?
Based on the decision of the owner or another person authorized by the owner of the property, tobacco smoking is allowed in specially equipped isolated rooms (part 2 of the Law). The arrangement of smoking rooms is not an obligation, but the right of the employer. And then, if the owner of the premises does not mind. However, if the owner of the office building refuses to follow the lead of smoking employees, then the tenants will have to look for a new, more loyal landlord. Although in many companies, even before the entry into force of the Law, similar rules apply. For example, Unilever has a global policy that all rented or owned buildings, including manufacturing facilities, must have designated smoking areas outside and are non-smoking. "At the same time, in the agreement signed between our company and the business center, it is clarified that smoking in the business center is prohibited in principle - the exceptions are specially designated places on the street," notes Ekaterina Odintsova, senior manager for media relations and corporate communications of the group Unilever companies in Russia, Ukraine and Belarus. "We do not plan to organize special smoking rooms inside the office rented in Moscow, as there are special smoking areas outside. Smoking employees have a positive attitude towards the ban that has already been established today, so the new law will not affect their work in any way."
In March this year, the Ministry of Health of the Russian Federation published draft technical requirements for the allocation and equipping of special places in the open air for smoking tobacco and for the allocation and equipment of isolated rooms for smoking tobacco.
Draft orders and requirements for a smoking area and a no-smoking sign
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These requirements provide that smoking areas are located outside areas and premises where smoking is prohibited, and must comply with hygienic standards for the content of substances emitted during the consumption of tobacco products in the atmospheric air.
In the open air, such places must be equipped with ashtrays, "Smoking Area" signs and artificial lighting (at night), information materials about the dangers of tobacco and the harmful effects of tobacco smoke. In buildings, smoking rooms should be located in isolated rooms. In addition to meeting the requirements listed above, smoking areas must also be equipped with a fire extinguisher and "a door or similar device to prevent the entry of polluted air into adjacent rooms."
In addition to these requirements, the Ministry of Health of the Russian Federation also published a draft of requirements establishing mandatory conditions, restrictions or a combination of them for a no-smoking sign and the procedure for its placement to designate areas, buildings and facilities where tobacco smoking is prohibited.
So, the following requirements are imposed on a sign about the prohibition of smoking: it must be a colorographic image of at least 200x200 mm in size (except for signs in transport and additional ones - on the doors of hotel rooms, in train vestibules, at bar counters, etc.). Such a sign is planned to be placed at each entrance to the territory, object or building where smoking is prohibited (for vehicles - on all doors), as well as in public places (toilets). If the premises of a building or object provide for the provision of different types of services, the sign is placed at the entrance to each room in which this or that service is provided.
The organization of smoking rooms in specially isolated premises is an expensive occupation: from 100 thousand to 400 thousand rubles. The cost of a smoking cabin varies depending on the individuality of the project and technical characteristics. So, a ready-made smoking room of a standard configuration for six people costs about 200 thousand rubles.
Control over the compliance of smoking areas with approved standards will be entrusted to Rospotrebnadzor. For violation of the approved norms, the department has the right to issue fines. At the moment, the size of the fine for employers who "allow" smoking in the workplace has not yet been adopted.
To a lesser extent, employees of institutions where the organization of smoking rooms is prohibited (hospitals, stadiums, government agencies, etc.) were lucky. Under the new law, they fall under the "double ban". Employees of such institutions will be forced to either give up bad habits or smoke outside the facility. Last week it became known that from June 1 this year, State Duma deputies will smoke in a special pavilion, which is located next to one of the entrances to the lower house of parliament. Sergei Popov, chairman of the State Duma committee on regulations and organization of the work of the State Duma at a plenary meeting held on May 24, 2013, said: "The committee on regulations agreed on the places proposed by the State Duma apparatus and the corresponding pavilion will be located on the street near entrance No. 6."
Ekaterina Odintsova, Senior Manager for Media Relations and Corporate Communications, Unilever Group in Russia, Ukraine and Belarus: "By quitting smoking, the employee encourages himself to live a longer and healthier life. We help and support employees who want to quit smoking, as we understand that this can sometimes be very difficult to do. We have developed a global standard, which the Russian division also adheres to Unilever: There are support programs for employees who want to quit smoking: lectures, consultations of specialists on smoking cessation, drug treatment, etc. With the entry into force of the "anti-tobacco" law, it will be easier to comply with our global standard, as European countries have long had similar laws. |
Where to go if a smoker intentionally continues to break the Law?
For those who, on the contrary, suffer from the addiction of neighbors in the landing, there are several legal ways to influence them.
1. The first thing to do is to warn the smoker that, under the new law, smoking in this place is prohibited. You can even show an excerpt from the text of the Law itself.
2. Post a no-smoking notice indicating the norm of the Law prohibiting smoking on the landing.
3. If this does not help, then feel free to call the district police officer or the police, then write a corresponding statement to the police officer. If a police officer refuses to take appropriate action, you can file a complaint with the prosecutor's office.
The question of how the enforcement authorities will exercise control over compliance with the "anti-tobacco" law remains open.
On November 15, 2013, amendments to the Code of Administrative Offenses of the Russian Federation and the law on advertising came into force, establishing administrative fines for non-compliance with the requirements contained in the Federal Law on Protecting Citizens' Health from Exposure to Secondhand Tobacco Smoke and the Consequences of Tobacco Consumption.
Since the summer of this year, this law has introduced a ban on smoking tobacco in public places, premises intended for the provision of educational services, services in the field of physical culture and sports, medical services, on trains, on ships, in the provision of passenger transportation services, on aircraft and all types of public transport.
It was also forbidden to smoke in premises intended for the provision of housing services, hotel services, in the premises of social services, in premises occupied by state authorities, local governments, workplaces and work areas, in elevators and common areas of apartment buildings.
In addition, there is a ban on smoking in playgrounds and within the boundaries of territories occupied by beaches, on passenger platforms used exclusively for boarding trains, disembarking passengers from trains during their transportation in suburban traffic and at gas stations.
Now the police will fine citizens for violating these prohibitions.
In accordance with Federal Law No. 274-FZ, violation of the ban on tobacco smoking established by federal law in the above territories, in premises and at facilities will entail imposition of an administrative fine on citizens in the amount of five hundred to one thousand five hundred rubles. At the same time, increased liability is established for violating the ban on tobacco smoking in playgrounds. This act will entail the imposition of an administrative fine on citizens already in the amount of two thousand to three thousand rubles.
Unfortunately, the established fines have not yet begun to be applied everywhere, and often the police simply turn a blind eye to smokers who do not comply with the requirements of the anti-tobacco law. As law enforcement officers themselves explain their inaction, at present many places are still not equipped with special signs informing smokers about the need to refrain from smoking. Thus, many still do not fully understand where you can smoke and where not.
It should be reminded that currently enterprises and institutions themselves are responsible for installing special signs and equipping special smoking areas. According to the norms of the anti-tobacco law, individual entrepreneurs and legal entities are obliged to comply with the norms of legislation in the field of protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption and to monitor compliance with this law in the territories and premises used for their activities.
In turn, Rospotrebnadzor is authorized to fine enterprises for violating these requirements. It seems that the full penalties for smoking in unauthorized places will begin to be applied simultaneously with the intensification of the activities of Rospotrebnadzor in this direction.
Note that the fines here will already be much higher than those established for ordinary smokers. Thus, non-compliance with the requirements for a no-smoking sign denoting areas, buildings and facilities where smoking is prohibited, and for the procedure for its placement will entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles, on legal entities - from thirty thousand up to sixty thousand rubles.
Failure to comply with the requirements for the allocation and equipping of special places in the open air for smoking tobacco or the allocation and equipment of isolated premises for smoking tobacco threatens with a fine for officials in the amount of twenty thousand to thirty thousand rubles, and for legal entities - from fifty thousand to eighty thousand rubles .
At the same time, entrepreneurs and legal entities will be fined for non-compliance with obligations to monitor compliance with legislation in the field of protecting the health of citizens from the effects of second hand tobacco smoke. Fines for individual entrepreneurs will range from thirty thousand to forty thousand rubles, for legal entities - from sixty thousand to ninety thousand rubles.
Another group of administrative fines is introduced for non-compliance with restrictions in the field of trade in tobacco products and tobacco products, as well as violation of the norms on the prohibition of tobacco advertising. In particular, violation of the rules of trade in tobacco products threatens with the imposition of an administrative fine on citizens in the amount of two thousand to three thousand rubles, on officials - from five thousand to ten thousand rubles, on legal entities - from thirty thousand to fifty thousand rubles.
The sale of the nasvay will result in a fine for citizens in the amount of two thousand to four thousand rubles, for officials - from seven thousand to twelve thousand rubles, for legal entities - from forty thousand to sixty thousand rubles. In addition, tougher penalties for the sale of cigarettes to minors. For citizens, the fine for this violation will already be five thousand rubles, for officials - from thirty thousand to fifty thousand rubles, and for legal entities - from one hundred thousand to one hundred and fifty thousand rubles.
Now with regard to advertising of tobacco products. Recall that in order to reduce the demand for cigarettes, the anti-tobacco law introduced a complete ban on advertising and promotion of the sale of tobacco, tobacco products and tobacco consumption. In particular, the distribution of tobacco products among the population for free, including in the form of gifts, the use of discounts on the price of tobacco products, the use of a trademark that serves to individualize tobacco products on other types of goods, the use of tobacco products in the production of other types of goods, as well as other hidden advertising.
In accordance with this, now officials will pay from five thousand to fifteen thousand rubles for sponsorship of tobacco and stimulation of its sales, and legal entities - from eighty thousand to one hundred and fifty thousand rubles.
Demonstration of tobacco products or the process of tobacco consumption in newly created films, clips and other works will entail the imposition of an administrative fine on officials in the amount of twenty thousand to forty thousand rubles, on legal entities - from one hundred thousand to one hundred and seventy thousand rubles. Violation by an advertiser or an advertising distributor of a ban on advertising tobacco, tobacco products, tobacco products or smoking accessories will cost officials twenty-five thousand rubles, legal entities - from one hundred and fifty thousand to six hundred thousand rubles.
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For the demonstration of tobacco products or the process of tobacco consumption in newly created and intended for adults audiovisual works, including television and video films, in theatrical performances, in radio, television, video and newsreel programs or public performance, broadcasting, by cable or any other use of these works, performances, programs that demonstrate tobacco products and the process of tobacco consumption, unless such action is an integral part of the artistic intent
Smoking ban in certain places is one of the requirements Framework Convention World Health Organization on Tobacco Control (hereinafter referred to as the WHO FCTC), adopted by the 56th session of the WHO in Geneva on May 21, 2003.
Law N 15-FZ introduced an extensive list of places where smoking is prohibited. So, since June 1, 2013, it is forbidden to smoke not only in schools, universities, sports and cultural facilities, hospitals, clinics, sanatoriums, but also on their territories, as well as on airplanes, in urban and suburban transport, inside and closer 15 meters from the entrances to railway stations, airports, sea and river ports, metro stations, social services premises, government buildings and municipalities, gas stations, workplaces and working areas of premises, elevators and entrances, playgrounds and beaches pp. 1 , 2 , 4 , 7-11 of part 1 of Art. 12 Law N 15-FZ).
Law N 15-FZ also provides for the possibility of equipping special smoking areas in the yard or in isolated common areas of apartment buildings, but for this, smokers will have to collect the signatures of all homeowners ( paragraph 2 of part 2 of Art. 12 Law N 15-FZ).
And since June 1, 2014, smoking has been completely banned on long-distance trains, on long-distance passenger ships, on train platforms, in hotels, cafes, bars, restaurants, nightclubs, market premises, etc. ( pp. 3 , 5 , 6 , 12 parts of 1 art. 12 Law N 15-FZ).
The rules for the retail sale of tobacco products are changing significantly. As a general rule, from June 1, 2014, such sales will be carried out only in stores and pavilions. The store must be a building (or part of it), which is provided with special premises (shopping, utility, administrative and amenity, for receiving, storing goods and preparing them for sale). The pavilion must be a building with a trading floor and designed for one workplace or several workplaces ( part 1 art. 19 Law N 15-FZ). Accordingly, other outlets that do not have a trading floor (for example, stalls, tents, kiosks, counter shops), where the bulk of cigarettes have always been sold, will no longer be able to sell them.
Such a sale should be carried out without an open display (including on showcases, plastic boxes installed next to the cash register or suspended above it), except for cases of product demonstration necessary for the buyer to receive mandatory information in accordance with legislation Russian Federation on consumer protection ( parts 4 , 5 st. 19 Law N 15-FZ). In the general case, the buyer can choose such a product only at special points within stores and pavilions, and buyers will be able to find out which cigarettes are available only from a special price list. The seller will be required to provide a list of tobacco products. Requirements for its content have been established: all titles must be printed in the same font; black letters must be used; items should be listed in alphabetical order with price indication; it is not allowed to use graphic images and pictures (part 5 of article 19 of Law N 15-FZ).
Wholesale and retail trade in nasvaem is prohibited ( part 8 art. 19 Law N 15-FZ).
It is prohibited to sell tobacco products remotely (including via the Internet), as well as trade using vending machines ( part 3 art. 19 Law N 15-FZ).
From June 1, 2013, any advertising of tobacco products, tobacco sponsorship during various public events, and the use of tobacco brands in charitable activities are completely prohibited for tobacco companies (Part 1, Article 16 of Law N 15-FZ). Their goods will not be given away for free or sold at a discount. Cigarette brands will not be allowed to label other products (for example, lighters and other smoking accessories). Cigarette manufacturers are now prohibited from holding mass events aimed at increasing cigarette consumption (for example, promotions) ( pp. A , b , V , Well parts of 1 Art. 16 Law N 15-FZ). Goods that even outwardly resemble tobacco products, for example, chewing gum popular with children in the form of cigarettes, should disappear from the sale ( n. g of part 1 of Art. 16 Law N 15-FZ).
It is forbidden to demonstrate tobacco products and smoke them to the heroes of films, performances, television programs and programs filmed after the entry into force of Law N 15-FZ. An exception is made only for cases where the director can prove that such a demonstration is an integral part of the artistic intent, as well as for social advertising about the dangers of smoking ( sub. d p. 1 part 1 art. 16 , part 2 , 4 tbsp. 16 Law N 15-FZ). If the demonstration of cigarettes and smoking takes place in already made films, TV shows and programs, their display should be accompanied by social advertising about the dangers of smoking before and during the demonstration of such works ( part 3 art. 16 Law N 15-FZ).table 1).
As seen from table 1, directly employers are concerned with the norm Art. 6.25 Code of Administrative Offenses of the Russian Federation. Thus, under this article, both the organization and its officials can be brought to administrative responsibility. They are subject to the principle of the presumption of innocence, according to which a person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established ( part 1 art. 1.5 Code of Administrative Offenses of the Russian Federation).
An organization (its official) will be found guilty (guilty) of committing an administrative offense if it is established that it (he) had the opportunity to comply with the norms law N 15-FZ, for violation of which Art. 6.25 The Code of Administrative Offenses of the Russian Federation provides for administrative responsibility, but she (he) did not take all measures depending on her (him) to comply with them ( part 2 art. 2.1 Code of Administrative Offenses of the Russian Federation).
The statute of limitations for bringing to administrative responsibility is one year from the date of the commission of an administrative offense ( part 1 art. 4.5 Code of Administrative Offenses of the Russian Federation). The course of this period begins from the day following the day the administrative offense was committed (the day the offense was discovered). It follows from the rules part 1 art. 4.8 Code of Administrative Offenses of the Russian Federation, 14 Decree of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 N 5 "On some issues that arise with the courts when applying the Code of the Russian Federation on Administrative Offenses". After the expiration of the specified period, neither the employer nor its officials can be held administratively liable, and an administrative fine is not collected from them ( Clause 6 of Part 1 of Art. 24.5 Code of Administrative Offenses of the Russian Federation).
As a general rule, an administrative fine must be paid by a person brought to administrative responsibility no later than 60 days from the date the decision on the imposition of an administrative fine enters into force or from the date of expiration of the deferral period or the installment period provided for Art. 31.5 Code of Administrative Offenses of the Russian Federation ( part 1 art. 32.2 Code of Administrative Offenses of the Russian Federation).
Failure to pay an administrative fine Art. 6.25 of the Code of Administrative Offenses of the Russian Federation within the period established by the Code of Administrative Offenses of the Russian Federation, in itself is also an administrative offense and entails the imposition of an administrative fine in the amount of 2 times the amount of the unpaid administrative fine, but not less than 1000 rubles, or administrative arrest for up to fifteen days, or compulsory work for up to 50 hours ( part 1 art. 20.25 Code of Administrative Offenses of the Russian Federation).
date of commission of the administrative offense part 1 art. 20.25 Code of Administrative Offenses of the Russian Federation is the next day after the expiration of the established part 1 of Art. 32.2 Code of Administrative Offenses of the Russian Federation for the voluntary payment of a fine.
Senior Assistant Vyazemsky
inter-district prosecutor
Junior Counselor of Justice Yu.S.Borisova
Advertising is a generally recognized effective tool for high-quality and comprehensive promotion of new and old goods and services. Advertising is divided into several types - social, on television, on radio, in print media, outdoor (on poles, signs and other structures).
Legislation
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The FAS is authorized to conduct both scheduled and unscheduled inspections of legal entities and individual entrepreneurs (Article 35.1 of the Law), during which violations for which liability is provided can be identified.
Punishment for advertising on poles and asphalt
The penalty for posting advertisements on poles depends on the type of offense.
So, part 3 of Art. 19 of the Law expressly prohibits gluing flyers on traffic signs and their supports, as well as on any other devices designed to regulate traffic.
For violation of this requirement, liability will come under Part 1 of Art. . Code of Administrative Offenses (hereinafter - AC (Administrative Code)):
In other cases, liability will come only if the pole is recognized as an advertising structure. The list of such structures is indicated in Part 1 of Art. 19 of the Law - these are boards, stands, electronic scoreboards and other means of permanent territorial placement.
As for advertising on asphalt, the Law does not say anything about this. As well as in the AK there is no article indicating the penalties for advertising on asphalt. However, sanctions for this violation can be established at the regional level.
Advertising of tobacco products
TV and radio advertising for lotteries
Other games based on risk can only be advertised from 22 pm to 7 am local time (except for advertising of bookmakers during the broadcast of sports competitions).
For violation of this requirement, penalties are provided for in Part 1 of Art. . AK.
Illegal alcohol advertising
- on radio and television (there will be no penalty for beer when broadcasting such advertising live or recording sports competitions);
- in print media (except beer advertising);
- in cinemas;
- in public transport;
- at bus stations and railway stations;
- in children's or medical institutions, in concert halls, circuses, museums, etc.
Also, paragraph 8, part 2, Art. 21 of the Law introduces a complete ban on advertising on the Internet.
Since the AC does not provide for a separate article providing for liability for advertising alcohol, the subject of the offense will bear the sanctions provided for by the general rule - Part 1 of Art. 14.3. AK:
Advertising on buildings
In part 1 of Art. 19 of the Law states that the placement of advertising materials on external walls, facades, roofs and other elements of buildings or structures can only be carried out by the owner of the advertising structure with a special permit.
On transport
Normative regulation of the procedure for placing advertising on the vehicle is carried out by Art. 20 of the Law.
But in case:
- the body of the vehicle will be painted with some kind of advertising inscription;
- or the vehicle will be re-equipped in such a way that it will no longer be a vehicle and perform its direct functions.
That will come responsibility, as defined in Part 2 of Art. 14.38. AK:
Also part 3 of Art. 20 of the Law introduces a ban on advertising on vehicles that:
- belong to operational services and have a special colorograph. schemes applied to the outer surfaces of the body;
- belong to the Federal State Unitary Enterprise Russian Post;
- intended for the transport of dangerous goods.
In this case, the sanctions will be under Part 3 of Art. 14.38. AK:
Also you can't:
- place sound advertisements on the Vehicle (for example, using loudspeakers or other public address means);
- place advertisements in such a way that other road users will be interfered with.
For these violations, the penalties will be, respectively, under Part 5 and Part 4 of Art. 14.38. AK:
As can be seen from the above provisions, it is possible to place advertising inscriptions on the rear window of a car.
Penalty for false advertising
There are 4 signs of unscrupulous promotional products, which are indicated in Part 2 of Art. 5 Laws:
- the presence in advertising of factors discrediting the honor or dignity of a competitor or other person;
- the presence of incorrect comparisons of the advertised products with another;
- advertising contains signs of unfair competition (for more details, see Chapter 2.1. of Federal Law No. 135 of July 26, 2006 “On Protection of Competition”);
- the product presented in the advertisement is “disguised” as a product of another brand or from another manufacturer in order to hide the fact of illegal placement of advertising.
What are the penalties for IP
Based on Art. 2.4. AK, individual entrepreneurs are liable as officials, unless otherwise stated in the article of the AK.
Since neither at 14.3., nor at 14.37., nor at 14.38. it is not said at all about individual entrepreneurs, the penalties for individual entrepreneurs are the same as for officials.
Ways to complain
You can complain about illegal, unscrupulous or otherwise violating the rights of citizens and other persons in:
- self-regulatory organization (SRO) in the field of advertising, operating on the basis of 315-FZ of December 1. 2007 “On self-regulatory…”;
- directly to the body exercising state supervision in the field of advertising, that is, to the FAS and its regional divisions.
A new week has begun, and if you notice, the anti-tobacco law has come into force. All cigarettes have already been hidden from store shelves, cigar cabinets have ceased to be transparent, and restaurants have declared themselves non-smoking areas.
You know, I'm surprised, and, moreover, I'm glad that the Laws in our country have begun to be implemented as intended by the Legislator, and not as desired by those who should execute them. Just like in a pharmacy, since June 1, 2014, we have been able to see on the example of the anti-tobacco Law how exactly all other regulatory legal acts should be implemented. On demand, without additional warnings, without threats and sanctions. This is good. I, as a lawyer, cannot but rejoice at this - if all laws were executed with the same lightning speed and unquestioningly, Russia would change beyond recognition.
Anyway. Of course, I admit that it was not only a matter of off-scale law-abidingness and a sense of patriotism. Here, after all, it must be remembered that in Russia at all times there was only one effective method of management. Yes, you probably know yourself - this is a competent alternation of a stick and a carrot. Is it the same here? in the case of a ban on the open sale of tobacco products and smoking cigarettes in public places. If you don't want to comply with the law - get a fine! By the way, these fines are already ready, and watchdogs are just waiting for the command to check, identify and punish them to the fullest extent. That's what today's article will be about.
Penalties for violating the anti-tobacco law
You know, I honestly did not plan to publish this article. I thought I would tell about the new law, I would bring to the masses, so to speak, my review of the anti-tobacco Law, and that would be enough. But, leafing through the latest press, I noticed that nowhere is it really said about what fines and for what violation await violators of the anti-tobacco Law, but most importantly, What are the rules of law for these fines?. Having spent a little of my time, I decided to reveal this “secret” to you.
I must say right away that almost all of these fines have been in force and have been applied since November 15, 2013. I divided all fines into several groups depending on who they are called upon to fine. Yes, if you suddenly do not understand on what basis these fines are distributed, I will immediately explain.
If we are talking about a fine for citizens, this is understandable. It is more difficult to figure out if we are talking about a fine for citizens, officials and legal entities. There is no difficulty here, just remember: for example, you are the owner of a store that is registered as an LLC. In this store you have a director and a salesperson. So, if the seller violated the law and sold a pack of cigarettes to a minor, everyone will bear responsibility for his actions: the seller, the director, as an official, and the LLC itself. So it goes. Moreover, this fine is set precisely for all three violators, and not for one inspector of choice. Now let's go.
Penalties for smokers from June 1, 2014
First, the legislator showed concern for children. And he expressed it in article 6.23. Code of Administrative Offenses: Involving a minor in the process of tobacco consumption.
Part 1 article provides that for the involvement of a minor in the process of tobacco consumption, such a violator faces a fine:
- for citizens - from 1,000 rubles to 2,000 rubles.
Part 2: If such actions with a minor are committed by a parent or other legal representative, he will face a fine in the amount of:
And here it is, the most interesting. Fines for smoking in places not intended for this.
Will tell us about it article 6.24. Code of Administrative Offenses of the Russian Federation: violation of the ban on tobacco smoking established by federal law in certain territories, in premises and at facilities.
Part 1: violation of the ban on tobacco smoking in certain territories, in premises and at objects, entails a fine for violators in the amount of:
- for citizens - from 500 rubles to 1,500 rubles.
Part 2: violation of the ban on tobacco smoking in playgrounds is punishable by a fine in the amount of:
- for citizens - from 2,000 rubles to 3,000 rubles.
Penalties for owners of "non-smoking" premises from June 1, 2014
Compliance with the anti-smoking law by the owners of premises (bars, restaurants, cafes, shops, and so on) is monitored by article 6.25. Administrative Code of the Russian Federation: non-compliance with the requirements for a no-smoking sign, for the allocation and equipping of special places for smoking tobacco, or failure to fulfill obligations to monitor compliance with legislation in the field of protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption.
Part 1: non-compliance with the requirements for a no-smoking sign indicating areas, buildings and facilities where smoking is prohibited, and for the procedure for its placement. I already told you about the sign in a previous article. So its presence is strictly mandatory. A violation of this paragraph will entail the imposition of an administrative fine in the amount of:
- for officials - from 10,000 rubles to 20,000 rubles;
- for legal entities - from 30,000 rubles to 60,000 rubles.
Part 2: non-compliance with the requirements for the allocation and equipping of special places in the open air for smoking tobacco or corresponding isolated smoking rooms, entails a fine:
- for officials - from 20,000 rubles to 30,000 rubles;
- for legal entities - from 50,000 rubles to 80,000 rubles.
Part 3: Failure by an individual entrepreneur or legal entity to fulfill the obligations to monitor compliance with the norms of the law, in particular, the anti-tobacco Law on its territory, may result in the imposition of an administrative fine:
- for individual entrepreneurs - from 30,000 rubles to 40,000 rubles;
- for legal entities - from 60,000 rubles to 90,000 rubles.
Penalties for sellers of cigarettes and tobacco products from June 1, 2014
It is still possible to sell cigarettes and other tobacco products, but certain conditions must be met for such sale. If you remember, I already wrote about this: it is forbidden to put tobacco products on the shelves, and on any other open places; it is only possible to hang out in the store a list of tobacco products that are available, and if the buyer asks for it, he can be shown the requested product (a specific pack of cigarettes).
Now for the penalties. For sellers, the Code of Administrative Offenses has allocated a separate article 14.53. Non-compliance with restrictions and violation of prohibitions in the field of trade in tobacco products and tobacco products. More about her
Part 1: non-compliance with restrictions on trade in tobacco and tobacco products threatens sellers with a fine:
- for officials - from 5,000 rubles to 10,000;
- for legal entities - from 30,000 rubles to 50,000 rubles.
Part 2: Wholesale or retail sale of nasvay. By the way, if you don’t know, nasvay is such a hellish mixture of tobacco (or shag), slaked lime and chicken manure. He came to us from Asian countries. They do not smoke it, worse, they put it under the tongue and dissolve it. As a gift, everyone who uses it receives a slight narcotic relaxation, as well as inevitable cancer of the lips, tongue and larynx. So, the sale of this muck will entail the imposition of an administrative fine in the amount of:
- for citizens - from 2,000 rubles to 4,000 rubles;
- for officials - from 7,000 rubles to 12,000 rubles;
- for legal entities - from 40,000 rubles to 60,000 rubles.
Part 3: If the seller sold cigarettes or other tobacco to a minor, he faces a fine:
- for citizens - from 3,000 rubles to 5,000 rubles;
- for officials - from 30,000 rubles to 50,000 rubles;
- for legal entities - from 100,000 rubles to 150,000 rubles.
Penalties for the media from June 1, 2014
Here you need to clarify a little. First, by media I mean: TV and radio companies, producers of TV and radio programs, producers of video films, as well as creators of theatrical productions. I think there are other creators and manufacturers, but I think by analogy you can determine their composition yourself. Secondly, fines for this category of violators are provided for by one single article, which I will talk about.
Article 14.3.1 of the Code of Administrative Offenses (CAO RF) - sponsorship of tobacco, promotion of the sale of tobacco and other derivative products, tobacco advertising, and so on.
Part 1: sponsorship of tobacco, promotion of its sale and consumption entails the imposition of an administrative fine:
- for citizens - from 2,000 rubles to 3,000 rubles;
- for officials - from 5,000 rubles to 15,000 rubles;
- for legal entities - from 80,000 rubles to 150,000 rubles.
Part 2: Demonstration of tobacco or the process of smoking tobacco products in all newly created works intended for an adult audience (films, programs, performances, radio productions and programs) entails a fine:
- for officials - from 20,000 rubles to 40,000 rubles;
- for legal entities - from 100,000 rubles to 170,000 rubles.
Part 3: The same demonstration of tobacco products and the process of smoking on TV, on the radio or in theatrical performances intended for children is punishable by a fine of:
- for officials - from 20,000 rubles to 50,000 rubles;
- for legal entities - from 100,000 rubles to 200,000 rubles.
Part 4: In case of violation of the ban on advertising of tobacco and tobacco products, and it does not matter who violates this ban: the advertiser, advertising producer or advertising distributor (and you remember, yes, that advertising of tobacco in any form is now banned), entails a fine:
- for citizens - from 3,000 rubles to 4,000 rubles;
- for officials - from 10,000 rubles to 25,000 rubles;
- for legal entities - from 150,000 rubles to 600,000 rubles.
And if the previous norms were already in force, then part 5 of article 14.3.1. entered into force on June 1, 2014. And here is its essence: If the mass media does not include social advertising clips during the breaks of the program (film), in which tobacco or the smoking process is demonstrated, such a violation will entail the imposition of an administrative fine:
- for an official - from 10,000 rubles to 20,000 rubles
- for a legal entity - from 100,000 rubles to 200,000 rubles.
Pretty impressive sums, as you may have noticed. There is reason to think and try to implement the anti-tobacco Law as it should be. I think you will find my article helpful. At least now you will know for what violations you may face a fine, whether the inspector will impute the correct article to you, and how much you will have to pay to the state.
I don’t know about you, but such prospects would teach me to work more carefully and take better care of my hard-earned money.
By tradition, I answer all your questions in the comments.
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