Ukraine became a Party to the WHO Framework Convention on Tobacco Control on September 4, 2006.
Smoke Free Places
Smoking is prohibited in specified public places including: government facilities, restaurants, healthcare facilities, educational institutions, children’s playgrounds, sports facilities, in entrances to residential buildings, in underground passages, and in elevators and public pay phones. In other public places and workplaces, smoking is permitted in designated areas. Smoking is prohibited in public transport.
Tobacco Advertising, Promotion and Sponsorship
Advertising, promotion and sponsorship of tobacco products are prohibited in nearly all forms. However, there are limited exceptions, including product display at point of sale, and advertising of tobacco products on websites restricted to those individuals over 18. All forms of tobacco sponsorship are prohibited.
Tobacco Packaging and Labeling
Tobacco product packaging must display two health warnings. Fifty percent of the front of the pack must display one main text warning stating “Tobacco kills.” Fifty percent of the back of the package must display one of ten secondary pictorial warnings with accompanying text. The law prohibits the use on product packaging of misleading terms, descriptors, and other symbols that may create a false impression about tobacco products.
Cigarette Contents and Disclosures
The law grants the authority to regulate the contents of cigarettes; however, no subsequent regulations have been issued. The law requires that manufacturers and importers disclose to government authorities information on the contents of their products.
The law prohibits sales by vending machines; in educational institutions, indoor stadiums, and healthcare facilities; and of single cigarettes and small packets of cigarettes. The sale of tobacco products is prohibited to persons under the age of 18.
The retail sale of e-cigarettes is allowed. The use of e-cigarettes is prohibited in specific public places where smoking is prohibited. In addition, the law prohibits the sale of e-cigarettes by vending machines, in certain locations, and to persons under the age of 18.
Roadmap to Tobacco Control Legislation
Law of Ukraine No. 2899-IV On Measures to Prevent and Reduce the Consumption of Tobacco Products and Their Harmful Influence on the Population’s Health (Law on Tobacco Control) is the primary law governing smoke free places and packaging and labeling. Law of Ukraine No. 1824-17 On the Introduction of Changes to Some Legislative Acts of Ukraine on the Restriction of the Consumption and Sale of Beer and Low Alcoholic Beverages amends the Law on Tobacco Control to require pictorial pack warnings as of September 2012. The same packaging and labeling requirements are mirrored in the Law of Ukraine On the State Regulation of Production and Circulation of Ethyl Alcohol, Cognac and Fruit Alcohols, Alcoholic Beverages and Tobacco Products (Law on Regulation of Alcohol and Tobacco). Pursuant to Law No. 1824-17, the Cabinet of Ministers issued Decree No. 306 which contains the pictorial warnings mandated by that law. Law No. 4844-VI amends several provisions of the Law on Tobacco Control to require that additional places be 100 percent smoke free as of December 2012.
The Law on Advertising regulates advertising and sponsorship of all products, including tobacco products. A few provisions restricting tobacco promotion are contained in the Law on Tobacco Control and the Law on Regulation on Alcohol and Tobacco. Law No. 3778 introduces several amendments to both the Law on Advertising and the Law on Tobacco Control. The amendments entered into force September 2012 and further restrict tobacco advertising, promotion and sponsorship. The Code of Administrative Offenses provides sanction for smokers who violate smoke free areas. All other sanctions are provided in the relevant governing law.
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.