Last updated: August 10, 2022
Key Terms
Second Hand Smoke (or similar term)
“Tobacco smoke in the environment” means tobacco smoke released in the local air as result of previous smoke and tobacco smoke released by the smoker at present.
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.
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)
Smoking or Smoke
“Tobacco smoking” means the use of tobacco smoke by inclusion of tobacco smoke into the human body by the respiratory tract, resulting nicotine addiction in smoker and causing harm to its health and health of people around him and environmental pollution.
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.
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)
Public Place
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.
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)
Workplace
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.
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)
Public Transport
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.
Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)
Indoor or Enclosed
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.
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)
Tobacco Product
“Tobacco products” means products made of tobacco leaf and its components, containing nicotine, active alkohydrate, carcinogenic substances and nicotine-addiction developing products (cigarettes, cigars, cigarillos, rod tobacco etc.). All kinds of hookahs and electronic cigarettes are also equated with tobacco products within the scope of this law.
The definition of "tobacco products" contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f).
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))
Accommodation
“Accommodation” means 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.
The definition of “accommodation” is significant because the law restricts smoking in “accommodation facilities.”
