Last updated: January 23, 2024
Duties / Penalties
Post signs
The law requires that in places and establishments where smoking is prohibited, a graphic sign prohibiting smoking be posted with the following text: “Smoking, consumption, use of tobacco products, electronic cigarettes, heat-not-burn tobacco products, hookahs at airports are prohibited!” Failure to post this sign is punishable by a fine of 1,000 hryvnias.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, the law could be improved by requiring that signage provide a number to call in case of violations, as suggested in the Art. 8 Guidelines.
Remove ashtrays
The law imposes a fine for the placement of ashtrays in restaurants. As such, the law implies a duty to remove ashtrays. Violations are subject to fines of 3,000 hryvnias, and in cases of repeated violations within a year, the fine will be 15,000 hryvnias.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that ashtrays be removed from all areas where smoking is prohibited.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
There is no duty to take steps to require a person to refrain from smoking in the law.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a duty to take reasonable steps to discourage individuals from smoking on the premises should be imposed upon the person in charge.
Not to smoke where prohibited
(e.g., seizure of the product, publication of the violation/violator)
Smoking in a restaurant is subject to a fine of 3,000 hryvnias and for repeat violations within a year, 15,000 hryvnias. Smoking in places where smoking is prohibited, other than a restaurant, is subject to a fine of 1,000 hryvnias. A second offense within a year is subject to a fine of 10,000 hryvnias.
