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. As of July 11, 2022, smoking is completely prohibited in the places where smoking rooms were previously allowed, except airports, which will continue to allow designated smoking rooms.
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. All forms of tobacco sponsorship are prohibited.
Tobacco Packaging and Labeling
Currently, smoked 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. Beginning January 11, 2024, combined picture/text warnings must occupy 65 percent of the front and the back of packages. As of June 1, 2022, smokeless tobacco product packages must carry a text warning that occupies 30 percent of the two largest surfaces of the package. 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
Currently, cigarette contents are not regulated. Beginning July 2023, the law will regulate specified contents of cigarettes, including banning ingredients that: give a characteristic flavor or smell, facilitate nicotine uptake, create an impression of health benefits, and ingredients that are associated with energy and vitality. 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; via the internet; 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. A retail license is required to sell tobacco products.
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. As of June 1, 2022, packaging and labeling regulations came into effect. Beginning July 11, 2023, there will be a comprehensive ban on advertising, promotion and sponsorship of e-cigarettes, and sale restrictions and content and disclosure provisions come into effect.
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 481/95 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.
Law No. 1019-IX on Modification of Certain Legislative Acts of Ukraine Concerning Restriction of Circulation of Excisable Goods, Devices for Consumption of Tobacco Products Without Their Combustion and Strengthening of Control Over Sale of Such Goods amends provisions of Law 481/95 regarding smokefree places and sales restrictions, and make these restrictions applicable to e-cigarettes. Law 1019-1X also amends the Code of Administrative Offenses. Law No. 1978-IX on Amendments to Certain Laws of Ukraine on Public Health Protection from Harmful Effects of Tobacco: 1) amends provisions of Law 481/95 regarding packaging and labeling, smokefree places, and sales restrictions for tobacco products and e-cigarettes; 2) amends provisions of the Law on Advertising to encompass e-cigarettes, and 3) amends Law 2899-IV to a) regulate cigarettes and e-cigarette contents and emissions and disclosures, b) update packaging and labelling requirements for smoked and smokeless tobacco products and e-cigarettes, and c) extend the comprehensive ban on advertising, promotion and sponsorship to e-cigarettes.
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers or tobacco control experts.