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Expansion of the no-smoking rules

On July 11, amendments to the Law “On measures to prevent and reduce the use of tobacco products and their harmful effects on public health” (hereinafter referred to as the Law), adopted on December 16, 2021, came into force, which introduced additional rules on smoking ban.

The changes relate to two main issues: both the list of items for smoking and places for smoking, for which the Law provides for restrictions.

With regard to smoking items, until recently, the restrictions of the Law concerned only ordinary, electronic cigarettes and hookahs. Now this list also includes any devices for heating tobacco (Iqos).

As for places for smoking, until recently, smoking in the premises of business entities (enterprises, institutions and organizations) of all forms of ownership was allowed, but only in specially equipped places. In this regard, business entities were obliged to allocate such places and install appropriate signs.

The new amendments establish a complete ban on smoking in the premises of any economic entities, except for airports. This means that now on the territory of the enterprise it is possible to smoke only outside any of its premises1, that is, exclusively on the street, but taking into account fire safety rules.

Thus, if earlier enterprises, under pain of liability, were required to specially equip places for smoking, now such a requirement has been canceled and the Law does not provide for such places for enterprises.

Now, enterprises and all other establishments classified as prohibited smoking areas are required to display visual information consisting of a graphic no-smoking sign and the following text: “Smoking, consumption, use of tobacco products, electronic cigarettes, devices for the use of tobacco products without their combustion, hookahs are prohibited!”.

This means that if there are signs “Place for smoking” in the premises of enterprise, then they must be removed and replaced with signs with the above inscription introduced by the Law.

In addition, new changes prohibit smoking in places such as: taxis, railway stations and stations, hotel rooms, hostels and other places of accommodation for citizens, common areas of residential buildings.

Another novelty of the Law is giving city and village councils the power to introduce additional smoking bans in places specified by them.

1 Premises – this is part of the internal volume of the building, limited on all sides by protective structures – walls or partitions (including windows and doors) with a ceiling (ceiling) and floor, with the possibility of entry and exit. The attic space, as well as the space enclosed by mesh protective structures, partitions not up to the ceiling (overlap) with a height of less than 190 cm, is not a premise.