LANGUAGE
Last updated: September 18th 2019

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

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.

All indoor public places

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.

All public transport

100% Smoke Free
100% smoke free environment throughout 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.

Government facilities

100% Smoke Free
100% smoke free environment throughout 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.

Private offices

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.

Hospitals

100% Smoke Free
100% smoke free environment throughout 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.

Residential healthcare facilities - public areas

100% Smoke Free
100% smoke free environment throughout 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.

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout 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.

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout 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.

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout 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.

Universities/vocational facilities

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.

Shops

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.

Cultural facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout 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.

Restaurants

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.

Bars/pubs/nightclubs

100% Smoke Free
100% smoke free environment throughout 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.

Casinos

Not Applicable
The listed place does not exist in the country.
Analysis

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

Hotels/lodging - public areas

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.

Hotels/lodgings - guest rooms

Uncertain
The smoke free status of the place is uncertain due to the 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.

Prisons/detention facilities - public areas

Uncertain
The smoke free status of the place is uncertain due to the 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.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout 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.

Taxis (for-hire vehicle)

Uncertain
The smoke free status of the place is uncertain due to the 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.

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout 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.

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout 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.

Public transport facilities (waiting areas for mass transit)

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.

Public payphones

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.

Underground subway (pedestrian) passages

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.

Entrances to residential buildings

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.

Elevators

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.