The court recognized the residents' right to compensation for smoking at the entrance": the neighbors will be able to receive compensation for tobacco smoke entering the apartments through the entrance. "Residents of apartment buildings can demand compensation from the neighbors if tobacco smoke from smoking near the entrance penetrates the house and causes them discomfort. This was the conclusion reached by the Second Court of General Jurisdiction. The cause of the proceedings was a lawsuit filed by residents against a neighbor who smokes at the entrance. According to them, the smell of tobacco smoke spread in common areas and reached the apartment on the third floor, and the comments did not yield results. The plaintiffs attached photographs and video footage to the case materials.
The first two courts proceeded from the fact that the direct ban on smoking applies to premises, and the balcony and stairs do not apply to them. The bankruptcy court did not agree with this position. "A person's right to use residential premises, including smoking in or near it, must be carried out in such a way that the consequences of tobacco consumption do not spread beyond the area controlled by the smoker and do not cause inconvenience to the neighbors."