LANGUAGE
Last updated: September 17th 2019

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)
 

Post signs

Yes
None
Analysis

The law requires that signs be posted in places where smoking is prohibited. The law does not specifically provide for a penalty for failure to post no-smoking signs where smoking is prohibited.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a penalty upon business owners, employers and supervisors who fail to post no-smoking signs.

Remove ashtrays

No
None
Analysis

The law does not impose a duty on business owners, employers or supervisors to remove ashtrays. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers or supervisors to remove ashtrays.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

No
None
Analysis

The law does not impose a duty on business owners, employers or supervisors to take steps to require a person to stop smoking. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers or supervisors to take steps to require a person to stop smoking in a no-smoking area.

Other

Yes
Fine
Analysis

Duty to provide designated smoking areas in places where smoking is restricted -

Employers who fail to provide designated smoking areas are subject to a fine of 10 monthly calculation indices for individual employers, and up to 40 monthly calculation indices for legal entities. The current monthly calculation index is set at 2121 Tenge (equivalent to US $6.10).

Law Source, Section
Code of the Republic of Kazakhstan on Administrative Offenses
Art. 441
Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine
Analysis

The law imposes a duty upon smokers not to smoke where prohibited. Violators are subject to a fine of three "monthly calculation indices". For repeat offenses within one year, violators are subject to a fine of six monthly calculation indices. The current monthly calculation index is set at 2121 Tenge (equivalent to US $6.10).

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty upon smokers not to smoke where smoking is prohibited.

Law Source, Section
Code of the Republic of Kazakhstan on Administrative Offenses
Art. 441