Last updated: May 17, 2022
Key Terms
Second Hand Smoke (or similar term)
Second hand tobacco smoke: the tobacco smoke contained in the atmospheric air of the place in which tobacco is being or was recently smoked, including tobacco smoke exhaled by the person smoking the tobacco.
The definition of “second hand tobacco smoke” in the law is comprehensive and incorporates the FCTC Art. 8 Guidelines definition of the term.
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: the use of tobacco products by inhaling smoke that occurs from their burning.
The definition of "tobacco smoking" in the law is narrower than the definition in the FCTC Art. 8 Guidelines because it encompasses only the act of inhaling the tobacco product and not the act of being in possession or control of any lit tobacco product. Therefore, a definition of "smoking" should be provided in accordance with the definition contained in the FCTC Art. 8 Guidelines.
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 define "public place." A definition of "public place" should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 18.
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
Work place: a place where an employee must be or where he must arrive in connection with his work and this is directly or indirectly under the control of an employer.
The definition of “work place” contained in the Labour Code does not align with the FCTC Art. 8 Guidelines. It is narrower and does not include all attached or associated places commonly used by the workers in the course of their employment. A definition of “workplace” should be provided in accordance with 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 define the term “public transport.” The lack of a definition for this key term could lead to difficulty in interpreting and/or enforcing the ban on smoking in public transport. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of "public transport" in accordance with the definition 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 bans smoking in certain “territories” and “premises” of various places without using the terms “indoor” or “enclosed.” Although a definition may not be strictly necessary, having no definition may hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.
A definition of "indoor" or "enclosed" should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 19.
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: 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.
The tobacco control law does not provide a specific definition of the term “tobacco product.” However, the law states that undefined concepts should use definitions from other sources of Russian law, including the FCTC and the Technical Regulations for Tobacco Products (Federal Law No. 268-FZ of December 22, 2008). The term “tobacco products” is defined in the Technical Regulations. This definition is identical to 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))
Other Concepts
The law states that undefined concepts used in this law should use definitions from other sources of Russian law, including: (1) WHO Framework Convention on Tobacco Control; (2) Federal Law No. 268-FZ of December 22, 2008 “Technical Regulations for Tobacco Products”; (3) Federal Law No 323-FZ of November 21, 2011 “On the Basis of Protection of the Health of Citizens in the Russian Federation”; and (4) Federal Law No. 381-FZ of December 28, 2009 “On the Bases of State Regulation of Trade Activities in the Russian Federation.”
