LAW OF UKRAINE

of December 2, 2020 No. 1019-IX

About modification of some legal acts of Ukraine concerning restriction of turnover of excise goods, devices for consumption of tobacco products without their combustion and strengthening of control of sale of such goods

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. Article 156 of the Code of Ukraine about administrative offenses (1984, appendix to No. 51, 1122) to state sheets of the Verkhovna Rada of USSR to the Art. in the following edition:

"Article 156. Abuse of regulations of trade in beer, the alcoholic, low alcohol beverages, tobacco products, electronic cigarettes and liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion

Retail or wholesale trade by the alcoholic beverages or tobacco products, liquids used in electronic cigarettes without brands of the excise tax or with counterfeit brands of this tax

involves imposing of penalty from two hundred to six hundred free minima income of citizens with confiscation of objects of the trade and revenue received from sale of objects of trade.

Violation by the employee of the company (organization) of trade or public catering of rules of trade in beer (except nonalcoholic), the alcoholic, low alcohol beverages, tobacco products, electronic cigarettes and liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion namely: trade in beer (except nonalcoholic), the alcoholic, low alcohol beverages, tobacco products, electronic cigarettes, liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion in rooms or in the territories prohibited by the law or in other places determined by the decision of relevant organ of local self-government as such where retail trade by beer (except nonalcoholic), is prohibited by the alcoholic, low alcohol beverages, tobacco products, electronic cigarettes, liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion, or trade in beer (except nonalcoholic), the alcoholic, low alcohol beverages, tobacco products, electronic cigarettes, liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion via vending machines or persons which did not reach 18-year age, and also beer sale (except nonalcoholic), alcoholic, low alcohol beverages, tobacco products, electronic cigarettes, the liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion to person which did not reach 18-year age or sale of tobacco products in the packagings containing less than 20 cigarettes or cigarettes or by the piece (except cigars), or trade in beer (except nonalcoholic), alcoholic, low alcohol beverages, wines table in the time of day prohibited by the decision of relevant organ of local self-government

involves imposing of penalty from four hundred to eight hundred free minima income of citizens.

Trade in beer (except nonalcoholic), the alcoholic, low alcohol beverages, tobacco products, electronic cigarettes, liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion from hands from trays, in rooms or in the territories prohibited by the law

involves imposing of penalty from four hundred to eight hundred free minima income of citizens with confiscation of objects of the trade and revenue received from sale of objects of trade.

The actions provided by part one or third this Article, which are commited by person which within year was subjected to administrative punishment for the same violations,

involve imposing of penalty from eight hundred to one thousand four hundred free minima income of citizens with confiscation of objects of the trade and revenue received from sale of objects of trade".

2. In the Law of Ukraine "About state regulation of production and the address of alcohol ethyl, cognac and fruit, alcoholic beverages, tobacco products, the liquids used in electronic cigarettes and fuel" (Sheets of the Verkhovna Rada of Ukraine, 1995, No. 46, Art. 345 with subsequent changes):

1) in Article 1:

in paragraph eleven of the word "chewing" shall be replaced with words "chewing or heating";

after the paragraph of the sixty fifth to add with two new paragraphs of such content:

"tabakosoderzhashy products for electric heating (TIEN) by means of heater with electronic control - the products with content of industrially processed tobacco which are not intended for smoking, shuffing, suction or chewing which are used for generation of aerosol by tobacco heating by electric heater with electronic control up to the temperature at which there is no process of burning (combustion) of product and release of tobacco smoke;

devices for consumption of tobacco products without their combustion - the devices intended for inhalation of aerosols (vapors) which are formed owing to heating of the products containing tobacco (products of its conversion) in the structure without their combustion".

With respect thereto to consider paragraphs of the sixty sixth and sixty seventh respectively paragraphs the sixty eighth and sixty ninth;

to state the paragraph of the sixty eighth in the following edition:

"The terms "fuel", "electronic cigarette", "the liquids used in electronic cigarettes" are used in this Law in the values given in the Tax code of Ukraine";

the sixty ninth to exclude the paragraph;

Article 15-2 to state 2) in the following edition:

"Article 15-2. Restrictions concerning beer consumption (except nonalcoholic), alcoholic, low alcohol beverages, table wines, tobacco products, use of electronic cigarettes, devices for consumption of tobacco products without their combustion

Beer consumption (except nonalcoholic), alcoholic and low alcohol beverages, wines of dining rooms is forbidden:

1) in healthcare institutions (except the use of table wines in the territory of sanatoria in specially allotted places);

2) in organizations of education;

3) in public transport (including transport of the international message), at transport stops, in underground passages;

4) in cultural institutions;

5) in the closed sports constructions (except beer in plastic container);

6) in elevators and payphones;

7) at playgrounds;

8) on sports grounds;

9) in premises of public authorities and local government bodies, other public institutions;

10) in venues of sports competitions to participation of children.

Restrictions on consumption of tobacco products, use of electronic cigarettes and devices for consumption of tobacco products without their combustion and responsibility for their violation are established by the Law of Ukraine "About measures concerning the prevention and reduction of the use of tobacco products and their adverse effect on health of the population" and the Code of Ukraine about administrative offenses.

For the period of holding mass actions village, settlement and city councils within the corresponding administrative territory can prohibit or limit beer consumption (except beer in plastic container), alcoholic, low alcohol beverages, wines of dining rooms, smoking of tobacco products and use of electronic cigarettes, devices for consumption of tobacco products without their combustion";

3) in Article 15-3:

the first - the fifth to state the name, parts in the following edition:

"Article 15-3. Restrictions concerning beer sale (except nonalcoholic), alcoholic, low alcohol beverages, table wines, tobacco products, electronic cigarettes, the liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion

Beer sale (except nonalcoholic), alcoholic, low alcohol beverages, table wines, tobacco products, electronic cigarettes, the liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion is forbidden:

1) persons who did not reach 18-year age;

2) to persons who did not reach 18-year age;

3) in rooms and in the territory of organizations of education, healthcare institutions (except the restaurants located in the territory of sanatoria);

4) in premises of the specialized trade organizations performing trade in goods of children's assortment or sports goods and also in the relevant departments (sections) of universal trade organizations;

5) in the closed sports constructions (except beer in plastic container);

6) in venues of sports competitions to participation of children;

7) from vending machines;

8) on shelves of self-service (except tobacco products in blocks and alcoholic, low alcohol beverages, wines of dining rooms, beer);

9) by the piece (for tobacco products, except cigars);

10) in the consumer packagings containing less than 20 cigarettes;

11) from hands;

12) in places of trade uncertain for this purpose.

The sales of goods of children's assortment which imitate tobacco products or electronic cigarettes, devices for consumption of tobacco products without their combustion are forbidden.

For the period of holding mass actions village, settlement and city councils within the corresponding administrative territory can prohibit or limit beer sale (except beer in plastic container), alcoholic, low alcohol beverages, wines of dining rooms, smoking of tobacco products, use of electronic cigarettes, devices for consumption of tobacco products without their combustion.

If the seller of beer (except nonalcoholic), alcoholic, low alcohol beverages, table wines, tobacco products, electronic cigarettes, the liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion had doubts concerning achievement of 18-year age by the buyer who buys beer (except nonalcoholic), alcoholic, low alcohol beverages, wine the table, tobacco products, electronic cigarettes, liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion, the seller shall address such buyer with the requirement to show the passport of the citizen of Ukraine or other document confirming it age.

In case of refusal the buyer to provide such document beer sale (except nonalcoholic), alcoholic, low alcohol beverages, table wines, tobacco products, electronic cigarettes, the liquids used in electronic cigarettes of devices for consumption of tobacco products without their combustion is forbidden to such person".

3. In the Law of Ukraine "About measures concerning the prevention and reduction of the use of tobacco products and their adverse effect on health of the population" (Sheets of the Verkhovna Rada of Ukraine, 2005, No. 52, Art. 565 with subsequent changes):

1) in Article 1:

in part one:

after the paragraph of the ninth to add with the new paragraph of such content:

"devices for consumption of tobacco products without their combustion - the devices intended for inhalation of aerosols (vapors) which are formed as a result of heating of the products containing tobacco (products of its conversion) in the structure without their combustion".

With respect thereto the tenth - the seventeenth to consider paragraphs respectively paragraphs the eleventh - the eighteenth;

the fourteenth to exclude the paragraph;

add with parts two and third the following content:

"The term "tobacco products" is used in this Law in the value given in the Law of Ukraine "About state regulation of production and the address of alcohol ethyl, cognac and fruit, alcoholic beverages, tobacco products and fuel".

The terms "electronic cigarette", "the liquids used in electronic cigarettes" are used in this Law in the values given in the Tax code of Ukraine";

The name and part one of Article 13 to state 2) in the following edition:

"Article 13. Restrictions concerning realization (sale) and the use of tobacco products, electronic cigarettes, the liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion

Realization (sale) of tobacco products, electronic cigarettes, the liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion to persons who did not reach 18-year age and also realization (sale) of tobacco products in the packagings containing less than 20 cigarettes or cigarettes, or by the piece (except cigars) is forbidden. By the law other restrictions concerning realization (sale) of tobacco products, electronic cigarettes, the liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion can be set".

II. Final provisions

1. This Law becomes effective since January 1, 2021, except paragraph two of the subitem 1 of Item 2 of the Section I of this Law which becomes effective in 18 months from the date of entry into force of this Law.

2. To the Cabinet of Ministers of Ukraine within three months from the date of entry into force of this Law:

submit for consideration of the Verkhovna Rada of Ukraine the bill of Ukraine concerning reduction of the legislation of Ukraine in compliance with provisions of the Directive of the European parliament and Council 2014/40/EU of April 3, 2014 about rapprochement of the laws, subordinate regulatory legal acts and administrative provisions of state members concerning production, representation and sale of tobacco products and coproducts and about cancellation of the Directive 2001/37/EU for the purpose of settlement of production and turnover of the latest products from tobacco of smokeless tobacco products and electronic cigarettes;

bring the regulatory legal acts into accord with this Law;

provide reduction by the ministries and other central executive bodies of their regulatory legal acts in compliance with this Law.

3. To the Cabinet of Ministers of Ukraine annually, since 2021 to inform the Verkhovna Rada of Ukraine on condition of accomplishment of this Law.

 

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