The lawyer revealed a way to sue a neighbor for smoking on the balcony
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Russian legislation prohibits smoking in many places, which include inter-apartment stairwells, stairs, attics and other common areas in apartment buildings, as told Gazeta.Ru lawyer of the European Legal Service Dmitry Bezdelin.
According to the lawyer, the violator may face liability under Part 1 of Art. 6.24 of the Code of Administrative Offenses of the Russian Federation, and a fine in the amount of 500 to 1500 rubles may be imposed on him. As Bezdelin noted, any citizen can apply to the police to bring smokers to administrative responsibility.
At the same time, the lawyer noted that the balconies are not on the list of places prohibited for smoking, so smokers cannot be held administratively liable, but there is a nuance in this situation.
According to Bezdelin, according to Article 42 of the Constitution of the Russian Federation and Art. 8 of the Law on Sanitary and Epidemiological Welfare, Russians have the right to a favorable environment. The lawyer explained that in the event that a neighbor smokes on the balcony and harms the health of others, they have the right to file a claim for compensation for non-pecuniary damage on the basis of Art. 151 of the Civil Code of the Russian Federation. Bezdelin added that the plaintiff must prove that his health was harmed directly through the fault of the defendant.
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