UKRAINE LEGAL UPDATE
11 July 2022
Smoking ban expands to claim more substances and devices. The prohibition also covers most public places.
11 July 2022 marks entry into force of legislation further restricting smoking in Ukraine. In addition to the smoking of tobacco in the form of cigarettes and similar products, the ban now extends to such substances and devices as hookahs, e-cigarettes and e-liquids, herb smoking mixes, and related paraphernalia.
The law's focus is mostly on the fight against second-hand smoke and for a smoke-free environment rather than an outright prohibition of smoking. Accordingly, the new rules make it illegal to smoke (including using the above-mentioned substances and devices) in most public locations, including, in particular:
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workplaces, offices, business and company premises, those of other organizations,
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governmental offices and buildings,
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hotels, hostels and restaurants,
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museums and other entertainment and cultural sites and establishments,
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hospitals and other medical facilities,
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schools, educational and sports facilities,
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airports (except for specially designated areas), railway stations and other transportation facilities, bus stops, and all means of public transport,
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lifts and elevators in buildings and other structures,
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children’s playgrounds and like areas,
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pedestrian subways and underpasses, and
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common areas of apartment blocks and other residential buildings.
The list essentially leaves untouched only private residences, similar areas and vehicles, as well as parts of streets and some other urban areas, and the countryside.
Further restrictions apply. Thus, anti-smoking warnings must now be put on containers with e-cigarettes and e-liquids. Cigarette pack health warnings are to be increased to at least 65% of the pack size. Sales of flavored cigarettes are banned. Advertising and promotion of all tobacco products, e-cigarettes, e-liquids and heating elements is prohibited.
Breach of the restrictions carries monetary penalties. The rules’ enforcement is vested, in the first instance, in the police and also the governmental consumer protection agency. Aggrieved members of the public are encouraged to file complaints.