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Term --FCTC-Based Definition Azerbaijan
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)

Not Defined
No
Analysis

The law does not contain a definition of "workplace.” Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.

A definition of "workplace" should be provided in accordance with the definition supplied in the FCTC Art. 8 Guidelines.

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 law does not contain a definition of "public transport." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.

A definition of "public transport" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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 law contains a definition of “tobacco smoke in the environment” that aligns with the definition of “second hand smoke” contained 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 law contains a definition of "tobacco smoking" that aligns with the definition of “smoking” provided in the FCTC Art. 8 Guidelines.

The definition would more fully align if it did not specify the method of smoking and did not include a specific result.

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)

Not Defined
No
Analysis

The law does not contain a definition of "public place.” Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.

A definition of "public place" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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" contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f).

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 law does not contain a definition of "indoor” or “enclosed." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.

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
Azerbaijan
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 some indoor workplaces, such as education and healthcare facilities, and restricts smoking to designated smoking areas in other indoor workplaces, such as restaurants, bars, and commercial facilities. Requirements for designated smoking areas are contained in Decision No. 127/2018.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces.

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

The law prohibits smoking in some indoor workplaces, such as education and healthcare facilities, and restricts smoking to designated smoking areas in other indoor workplaces, such as restaurants, bars, and commercial facilities. Requirements for designated smoking areas are contained in Decision No. 127/2018.

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

Not Applicable
Not Applicable
All public transport
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 on buses, taxis, trains, boats, planes, and any vehicles carrying passengers. However, the law permits the creation of ventilated or outdoor smoking areas on water and rail transportation. Requirements for designated smoking areas are contained in Decision No. 127/2018.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all forms of public transport.

Not Applicable
Not Applicable
Government 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 social service enterprises which includes some government facilities. However, in other government facilities, the law restricts smoking to smoking rooms or outdoor smoking areas. Requirements for designated smoking areas are contained in Decision No. 127/2018.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all 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 restricts smoking in “other enterprises, institutions and organizations, at workplaces, regardless of their type of ownership and organizational-legal form” to smoking rooms or outdoor smoking areas. Therefore, smoking is restricted in private offices. Requirements for designated smoking areas are contained in Decision No. 127/2018.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in private offices.

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 health and medical rehabilitation facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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 health and medical rehabilitation facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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 health and medical rehabilitation facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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 education and training institutions and children’s playgrounds.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities/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 education and training institutions and children’s playgrounds.

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

Not Applicable
Not Applicable
Universities/vocational 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 education and training institutions.

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

The law restricts smoking in commercial facilities to smoking rooms or outdoor smoking areas. Requirements for designated smoking areas are contained in Decision No. 127/2018.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in shops.

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

The law prohibits smoking in theaters, concert halls, libraries, museums, and other cultural facilities.

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

Not Applicable
Not Applicable
Indoor stadium/arenas
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 restricts smoking in buildings and facilities where sports competitions and other mass events are held to smoking rooms or outdoor smoking areas. Requirements for designated smoking areas are contained in Decision No. 127/2018.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
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 restricts smoking in public-catering facilities, including restaurants, to smoking rooms or outdoor smoking areas. Requirements for designated smoking areas are contained in Decision No. 127/2018.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
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 restricts smoking in public-catering facilities, including bars, to smoking rooms or outdoor smoking areas. Requirements for designated smoking areas are contained in Decision No. 127/2018.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in bars, pubs and nightclubs.

Not Applicable
Not Applicable
Casinos
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

Although the law does not mention casinos specifically, the law restricts smoking in public-catering facilities and commercial facilities to smoking rooms or outdoor smoking areas. Casinos may fall under one or both of these categories. Further, the law similarly restricts smoking in “other enterprises.” Therefore, the law is interpreted as restricting smoking in casinos to designated smoking areas. Requirements for designated smoking areas are contained in Decision No. 127/2018.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in casinos.

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

The law restricts smoking in accommodation facilities to smoking rooms or outdoor smoking areas. The law defines “accommodation facilities” as hotels, leisure centers, sanatorium-resorts, boarding houses, motels, hostels, as well as individuals staying and other accommodation facilities that can stay for at least twenty-four hours. Requirements for designated smoking areas are contained in Decision No. 127/2018.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in 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

The law restricts smoking in accommodation facilities to smoking rooms or outdoor smoking areas. The law defines “accommodation facilities” as hotels, leisure centers, sanatorium-resorts, boarding houses, motels, hostels, as well as individuals staying and other accommodation facilities that can stay for at least twenty-four hours. However, guest rooms in hotels and lodging facilities are not explicitly included. Therefore, the regulatory status code “Uncertain” is given for guest rooms of hotels.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in guest rooms in hotels and lodging facilities.

Not Applicable
Not Applicable
Prisons/detention facilities - 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

Although the law doesn’t address prisons specifically, the law restricts smoking in “other enterprises, institutions and organizations, at workplaces” to smoking rooms or outdoor smoking areas. Therefore, smoking is restricted in public areas of prisons. Requirements for designated smoking areas are contained in Decision No. 127/2018.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in public areas of prisons and detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
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 on buses, trains, and in other vehicles carrying passengers. However, the law permits smoking rooms or outdoor smoking areas on trains. Therefore, the regulatory status code “Smoking is Restricted” is given. Requirements for designated smoking areas are contained in Decision No. 127/2018.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on trains, buses, and other shared ground transport.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
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 taxis and other vehicles carrying passengers.

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

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

The law prohibits smoking in air transport. Although the law provides an exception permitting designated smoking areas in other means of transport listed in Article 10.1.14, this exception does not apply to air transport. Therefore, smoking is prohibited in 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

The law restricts smoking in water transport to smoking rooms or outdoor smoking areas. Requirements for designated smoking areas are contained in Decision No. 127/2018.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in commercial aircraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
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 restricts smoking at most public transport facilities, including air and seaports, railroad stations, bus stations, and bus stops, to smoking rooms or outdoor smoking areas. However, the law prohibits smoking in subway stations.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public transport facilities.

Not Applicable
Not Applicable
Azerbaijan
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
Azerbaijan
Post signs
Yes
Yes
Analysis

Managers of all enterprises, institutions, and organizations are required to post no smoking signs or marks that are readily visible. Violations are punishable by a fine of 400 manats on individuals and 1,000 manats on legal entities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty to post ‘no smoking’ signs.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The law imposes no specific duty upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

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

The law imposes no specific duty upon business owners, employers, or supervisors of smoke-free premises to take steps to require a person stop smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose this duty and include penalties for violations of the duty.

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

Individuals who smoke in restricted areas are subject to fines of: 100 manats (aircraft); 40 manats (trains); 50 manats (metro stations, platforms and metro cars); 40 manats (sea and river ports); 40 to 50 manats (buses and other passenger transport); and 30 manats (all other places).

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to not smoke where prohibited. To more fully align, the law should provide for increasing fines for repeated violations.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Azerbaijan
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable