If you smoke and the smoke from cigarettes bothers your neighbors, they have every right to sue. The fact is that the right to smoke in your home ends exactly where the right of those living nearby begins to breathe clean air. And if the neighbors prove that you are ruining their lives with your bad habit, then the court will most likely take their side, Orest Matsala, a leading lawyer at the European Legal Service, believes.
According to the expert, the rights of non-smokers are guaranteed by the Constitution of the Russian Federation, as well as other federal laws in the field of protecting health from exposure to tobacco smoke. Since 2008, the norms of the WHO Convention on Tobacco Control have been in force in our country. In addition, life in an apartment building presupposes the observance of the rights and legitimate interests of all residents without exception.
However, the main difficulty, the expert notes, is to fix and prove the ingress of tobacco smoke into the apartment. Here you can resort to the help of other neighbors, if the smoker also annoys them. They can confirm that the smoke does indeed reach and poison the air.
Another way is to take a picture of a neighbor smoking from a window or on a balcony. You can also call the precinct. Of course, he himself will not do anything, and will not initiate any case. But in the refusal he will write that, for example, the smell of tobacco really has a place to be.
Earlier it was reported that over the past 13 years, Russians began to smoke less. The number of people suffering from bad habits has almost halved. Nevertheless, while addiction to tobacco still persists among a fifth of the country’s population. The head of the Ministry of Health, Mikhail Murashko, spoke about the risks of those who cannot quit.