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Term --FCTC-Based Definition Ukraine
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

This definition does not align with the definition provided for in the FCTC Art. 8 Guidelines. It is more limiting and less protective than the FCTC Art. 8 Guidelines definition because it applies only to areas designated for employee “work activities” and does not include common areas used for work breaks and other areas not used specifically for work.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Not Defined
No
Analysis

The term "public transport" is not defined in the law. The failure to define this key term can undermine application and enforcement of provisions of the law regarding smoke free public transport.

A definition of “public transport” should be provided in accordance with the FCTC Art. 8 Guidelines, para. 22.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Defined
Yes
Analysis

The definition of “tobacco smoke” aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of “tobacco products smoking” is narrower than the definition of “smoking” provided in the FCTC Art. 8 Guidelines because is it limited to circumstances where the tobacco product is being actively inhaled by the smoker, whereas the FCTC Guidelines definition states, “regardless of whether the smoke is being actively inhaled or exhaled.” To align with the FCTC Art. 8 Guidelines, the phrase “and is inhaled by a smoker” should be struck from the definition.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The definition of “public place” is narrower and less protective than the definition provided in the FCTC Art. 8 Guidelines because the definition pertains to part or parts of buildings, while the FCTC Art. 8 Guidelines definition includes all parts of the building.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of “tobacco products” aligns with the definition provided in FCTC Art. 1.

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Not Defined
No
Analysis

The terms “indoor” or “enclosed” are not defined in the law. A definition for “indoor” or “enclosed” is not technically necessary for interpretation of the law because the law does not use the terms “indoor” or “enclosed” when describing those places that are smoke free.

However, in order to align with the FCTC Art. 8 Guidelines, requiring smoke free “indoor” public places and workplaces, a definition of “indoor” or “enclosed” should be provided, in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Ukraine
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in specified indoor workplaces, including, for example, restaurants, educational facilities, and health facilities.  However, designated smoking rooms with ventilation are required in several other types of workplaces, such as public areas of hotels, dormitories, airports, and train stations.  Where smoking is restricted to designated smoking rooms, the total area set aside for smoking may not exceed 10% of the total floor area of the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Smoking is prohibited in many specified public places, including, for example, restaurants, educational facilities, and health facilities. However, designated smoking rooms with ventilation are required in several other types of indoor public places, such as public areas of hotels, dormitories, airports, and train stations. Where smoking is restricted to designated smoking rooms, the total area set aside for smoking may not exceed 10% of the total floor area of the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in all public transport; however, this prohibition is generally not enforced in private taxis.


The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in state agencies, local self-government agencies, and other state establishments.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Not Applicable
Not Applicable
Private offices
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in premises of enterprises, establishments and organizations of all forms of ownership, except within designated smoking rooms.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including all private offices, to be 100% smoke free.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “institutions of health protection,” including hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “institutions of health protection,” including residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “institutions of health protection,” including non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in educational and child-rearing institutions. Therefore, preschools and childcare facilities are 100% smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “educational institutions,” which includes primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in "educational institutions," which includes universities and vocational facilities. However, the law was amended in 2012 to permit smoking in designated areas of dormitories. The total area set aside for smoking may not exceed 10% of the total floor area of the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of universities and vocational facilities.

Not Applicable
Not Applicable
Shops
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Smoking is restricted to designated areas, equipped with ventilation, in “buildings of enterprise,” which includes retail stores. The total area set aside for smoking may not exceed 10% of the total floor area of the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including shops, to be 100% smoke free.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in indoor sports and physical health facilities and physical education and sports institutions.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in public dining institutions, which includes restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in public dining institutions, which includes bars, pubs, and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
N/A
Not Applicable
Analysis

We understand that casinos and gambling facilities are prohibited in Ukraine.

Not Applicable
Not Applicable
Hotels/lodging - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In hotels, smoking is restricted to designated rooms equipped with ventilation. The total area set aside for smoking may not exceed 10% of the total floor area of the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places and workplaces, including public areas of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

In hotels, smoking is restricted to designated areas equipped with ventilation. The total area set aside for smoking may not exceed 10% of the total floor area of the premises. It is unclear, however, whether some guest rooms may be designated as smoking rooms under the law. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including guest rooms in hotels and other lodging, to be 100% smoke free.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Smoking is prohibited “in the premises of state agencies and local self-government agencies, [and] other state establishments.” However, it is unclear whether prisons would fall in the category of “other state establishments.” Therefore, the regulatory status code “Uncertain” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should specifically prohibit smoking in prisons, in both public areas and cells, or clarify that smoking is prohibited in prisons under the ban in government facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in public transport, which includes trains, buses, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Smoking is prohibited in public transport, and therefore smoking should be prohibited in taxis under the law. However because "public transport" is not defined, it is difficult to determine whether private taxis were intended to be included under the ban in smoking in public transport. In practice, drivers will often smoke in private taxis and also allow clients to do so.

The law on administrative offenses imposes a fine for smoking in a shared taxi (маршрутних таксі or marschutna) but does not clearly impose a fine for smoking in a private taxi.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require 100% smoke free public transport, including private taxis, and all parts of all indoor public places and workplaces to be 100% smoke free.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in public transport, including international transport. This is interpreted as including commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in public transport, including international transport. This is interpreted as including commercial watercraft used for public transport.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

In airports and train stations, smoking is restricted to designated areas equipped with ventilation not to exceed 10 percent of the overall area. Smoking is prohibited at other “fixed transportation stops.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including all public transport facilities, to be 100% smoke free.

Not Applicable
Not Applicable
Ukraine
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Ukraine
Post signs
Yes
Yes
Analysis

Under the Tobacco Control Law, business owners, lessees, or an authorized person much post the following sign in places where smoking is prohibited: “Smoking is Forbidden.” Under the Law on Regulation of Alcohol and Tobacco, failure to post signs is subject to a fine of 3400 UAH. In addition, business owners, lessees, or an authorized person must post the following sign in places where smoking is restricted: “A place for smoking. Smoking harms your health.” Failure to post these signs is subject to a fine from 1,000 UAH to 10,000 UAH.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, the law could be improved upon by requiring that signage provide a number to call in case of violations, as suggested in Art. 8 Guidelines para. 31.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The law implies a duty on business owners, employers, or managers to remove ashtrays from public dining facilities (restaurants, bars, nightclubs, etc.) because the law imposes a fine for placement of ashtrays in public dining facilities. Violations are subject to a fine from 1,000 UAH to 10,000 UAH.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that ashtrays be removed from all areas where smoking is prohibited.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
No
No
Analysis

There is no duty to take steps to require a person to refrain from smoking in the law.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a duty to take reasonable steps to discourage individuals from smoking on the premises should be imposed upon the person in charge.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

Smoking in a no-smoking area is subject to a warning or a fine ranging from 3 to 10 “income tax exemptions.” Repeat offenses within the year are subject to a fine of 10 to 20 “income tax exemptions.” An income tax exemption is 17 UAH. Therefore, smokers are subject to a fine of 51 to 170 UAH for the first offense and 170 to 340 UAH for the second offense.

Specific fines for smoking in trains, subways, maritime transport, river and small craft, buses, shared taxis, trolleybuses, or trams are 5 to 20 income tax exemptions, equaling 85 to 340 UAH.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

Owners of establishments where designated smoking areas are required (e.g., hotels, airports, train stations) who fail to allocate up to 10% of the overall area of the premises for smoking are subject to a fine from 1,000 UAH to 10,000 UAH.

Not Applicable
Not Applicable
Ukraine
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable