Ombudsman of Armenia considers problematic certain provisions of "On the reduction and prevention of the use of tobacco products" draft law

ArmInfo. The human rights defender of the Republic of Armenia considers certain provisions of the draft law on reducing and preventing the use of tobacco products problematic. The press service of the Armenian Ombudsman informs.

According to this project, smoking will be banned in closed and public places. This provision implies that smoking may be prohibited in all public places (outdoors or indoors), including the street. In addition, the project does not specify exceptions, for example, on the division of zones for smokers and non-smokers in entertainment establishments. According to the bill, the requirements for the distribution and provision of premises for smoking in open areas will be determined by an order of the authorities, but the deadline for the adoption of this order is not established. Thus, it turns out that the draft law proposes to introduce the so-called "absolute barrier" for the use of tobacco products. A study of international experience shows that, for example, most European countries have reached an "absolute ban" on tobacco use through step-by-step barriers. In addition, the laws of several European countries still provide for the possibility of creating separate zones for smokers. At the same time, considering the low wages in Armenia, the Ombudsman considers high penalties proposed in the document unacceptable. In another amendment, it was suggested that the penalty for importing cigarettes would be 800,000 AMD if the allowable content of cigarette nicotine and tar was exceeded.

The amount of the fine imposed by this provision, according to the Ombudsman, is not only unacceptable, but also excludes the possibility of importing cigarettes for personal consumption. It can be concluded that in the absence of such an exemption, tobacco can be imposed on tobacco, which is imported to Armenia for personal use, but exceeds the allowable content of nicotine and tar. All comments of the Ombudsman regarding this project were submitted to the Ministry of Health of the Republic of Armenia. Some of them were taken into account in the new version of the draft submitted for public discussion. In accordance with these recommendations, measures aimed at reducing and preventing smoking and smoking in places of detention, military units and military institutions will be carried out primarily in accordance with the procedure established by the relevant bodies of the Ministry of Justice and the Ministry of Defense. In addition, smoking will be allowed in the areas of historical and cultural monuments, which are considered dwelling houses. The Ministry of Health of Armenia has prepared a bill that prohibits smoking in public places. For violation of the law, very high fines are envisaged: from 250,000 AMD ($ 500) to 500,000 AMD in case of repeated violation of the law. Smoking is prohibited in cafes, restaurants, casinos, theaters, hospitals and clinics, educational institutions, sports centers, airport buildings and any other enclosed premises.