Last updated: November 6, 2023
Duties / Penalties
Post signs
There is a duty to post no-smoking signs in places where smoking is prohibited. Under Law No. ZRU-844, violators of this duty “are liable in accordance with the established procedure.” It is unclear what this procedure is, and the penalties associated with it.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties for failure to post such signs.
Remove ashtrays
The law does not impose a duty upon business owners, employers, or supervisors to remove ashtrays from the premises.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises and specify appropriate penalties for violations.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law requires persons responsible for businesses to warn smokers that they are prohibited from smoking and to inform the authorities if the violation continues. Under Law No. ZRU-844, violators of this duty “are liable in accordance with the established procedure.” It is unclear what this procedure is, and the penalties associated with it.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties for failure to take steps to require a person to stop smoking.
Not to smoke where prohibited
There is a duty not to smoke where prohibited. The Code on Administrative Responsibility imposes a fine of one-third of the base calculation unit (BCU) for smoking in public places, workplaces and public transport. Smoking in aircraft is subject to a fine of twice the BCU.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on smokers not to smoke where prohibited.
