LANGUAGE
Last updated: September 17th 2019

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
Analysis

The law does not contain a definition of "second hand smoke". However a definition is not strictly necessary as the law prohibits or restricts "smoking' in certain enumerated places rather than prohibiting exposure to "second hand smoke".

FCTC-Based 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)

Smoking or Smoke

Term Defined
Definition

Consumption of tobacco products - the process of consuming tobacco products that brings about nicotine dependence in people, adversely affects their health and the health of individuals that do not consume tobacco products, and results in pollution.

Analysis

The Law on People's Health and Health Care does not contain a definition of "smoking" or "smoke". However, it does contain a definition of "consumption of tobacco products", which covers the action of smoking and may also include the action of chewing and snuffing. Although the definition covers the action of actively smoking, it does not cover the action of being in possession of a lit tobacco product regardless of whether it is being actively inhaled and exhaled. Therefore, although the definition of "consumption of tobacco products" may be more expansive than the definition of "smoking" in that it may cover oral use, the definition of "consumption of tobacco product" is also more restrictive than the definition of "smoking" because it does not cover possession of a lit tobacco product. This limitation may hinder enforcement of restrictions on smoking/consuming tobacco products in public places, workplaces and public transport. To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "smoking" or "smoke" in accordance with the definition contained in the FCTC Art. 8 Guidelines.

FCTC-Based 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)

Law Source, Section
Law No. 193-IV: Code of the Republic of Kazakhstan on the People's Health and the Healthcare System
101-1

Public Place

Term Not Defined
Analysis

The Law on People's Health and Health Care System does not contain a definition of "public place". The law does not use the term "public place", but rather, bans or restricts smoking in certain enumerated public places. While a definition is not needed to interpret the law, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, because it does not prevent exposure to tobacco smoke in all indoor public places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places and contain a definition of "public place" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

FCTC-Based 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)

Workplace

Term Defined
Definition

Working place - a place of permanent or temporary stay for a worker in the performance of job duties in the course of employment.

Analysis

The Law on People's Health and Health Care System bans smoking in the "workplace". "Workplace", as used in the law, is defined in the Labor Code. The definition in the Labor Code is not as expensive as the definition of "workplace" provided in the FCTC Art. 8 Guidelines because it does not specifically encompass common areas in the workplace, such as lunchrooms, stairways, etc., but rather seems to cover only those areas where work is performed. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "workplace" in accordance with the definition contained in the FCTC Art. 8 Guidelines.

FCTC-Based 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)

Law Source, Section
Labor Code of the Republic of Kazakhstan
Art. 45.1

Public Transport

Term Not Defined
Analysis

The Law on People's Health and Health Care System does not contain a definition of "public transportation". The law does not use the term "public transportation", but rather bans or restricts smoking in certain enumerated types of public transportation. While a definition is not needed to interpret the law, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, because it does not prevent exposure to tobacco smoke in all indoor forms of public transportation. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public transportation and contain a definition of "public transportation" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

FCTC-Based Definition:

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

Term Not Defined
Analysis

The Law on People's Health and Health Care System does not contain a definition of "indoor" or "enclosed", although smoking is restricted or banned in some indoor places. The lack of definition for this key term may hinder the implementation of Art. 159 of the law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "indoor" or "enclosed" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

FCTC-Based 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)

Tobacco Product

Term Defined
Definition

Tobacco - products entirely or partly made of tobacco leaves as a raw material prepared in such a way as to be used for smoking, sucking, chewing or sniffing.

Analysis

The definition of "tobacco product" contained in the law aligns with the definition of "tobacco product" provided by the FCTC.

FCTC-Based 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))

Law Source, Section
Law No. 193-IV: Code of the Republic of Kazakhstan on the People's Health and the Healthcare System
Art. 1.101