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LAW OF THE KYRGYZ REPUBLIC

of August 21, 2006 No. 175

About protection of health of citizens of the Kyrgyz Republic against harmful effects of tobacco and its consumption

(as amended on 28-06-2017)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 16, 2006

This Law governs legal relations in the field of production, realization of tobacco and tobacco products, and also holding preventive actions for protection of health of citizens of the Kyrgyz Republic against harmful effects of tobacco.

Chapter I. General provisions

Article 1. Purposes of this Law

Main objectives of this Law are:

- providing actions for protection of health of citizens against harmful effects of tobacco and tobacco products in case of their production, realization and consumption;

- creation of the conditions promoting decrease in consumption by the population of tobacco products and bestabachny smoking mixes;

- ensuring production and realization of the tobacco products conforming to the requirements established by the legislation of the Kyrgyz Republic;

- holding the approved actions for decrease in spread of tobacco smoking.

Article 2. The basic concepts used in this Law

Smokeless tobacco products - tobacco products which are entered into organism by means of inhalation, sucking, chewing or otherwise, except for the medical supplies containing nicotine;

hookah - the device for tobacco smoking and other bestabachny smoking mixes allowing to filter and cool the inhaled smoke;

fight against tobacco - wide range of strategy in deliveries, demand and reduction of harm which are directed to improvement of health of the population by means of liquidation or reduction of harm of consumption of tobacco products, and also impact on it tobacco smoke;

ingredient - any substance added in production process to tobacco, and not tobacco components of tobacco products;

the medical prevention - information on negative impact of the use of tobacco products and tobacco smoke on health of the person, benefits and methods of the termination of smoking, and also other relevant information which is placed on packagings, packs of the tobacco products and other places determined by this Law;

bestabachny smoking mixes - the special mixes intended for smoking, which are not containing nicotine;

nasvay - the smokeless tobacco product made of the third grade of tobacco leaf with addition of ashes, lime, aromatic substances;

illegal trade - any type of practice or behavior forbidden by the law which is related to production, sending, obtaining, ownership, distribution, sale or acquisition, including the any kind of practice or behavior aiming to promote such activities;

pack - the unit of consumer pack containing certain quantity of tobacco product and bearing any graphical or text information;

consumption of tobacco products - smoking, inhalation of tobacco dust through nose, tobacco chewing;

passive smoking - process of inhalation of tobacco smoke of air non-smoking;

advertizing and sales promotion of tobacco and tobacco products - any form of transfer of the commercial information, recommendation or action, directed to stimulation or probable sales promotion of tobacco product, direct or indirect consumption;

sponsorship of tobacco and tobacco products - any kind of contribution to any event, action or the individual on purpose, result or probable result of sales promotion of tobacco products or consumption of tobacco directly or indirectly;

the room for smoking - the room in the closed public places allocated only for smoking, separated other places or rooms where smoking is forbidden, floor, walls (from floor to ceiling), by ceiling and doors having the ventilation removing air outside (out of limits of the building or construction);

tobacco (Nicotiana) - sort one - and the perennial nicotinocontaining plants of family solanaceous, used for tobacco products manufacture;

tobacco smoking - actions which lead to combustion of tobacco products therefore the tobacco smoke inhaled and exhaled by the smoker, and also emitted in air is formed;

tobacco smoke - the products of combustion of tobacco product containing in the air circle;

tobacco for hookah - type of the smoking tobacco product intended for smoking with use of hookah and consisting of mix of cut or fragmentary raw materials with addition or without addition of ingredients;

tobacco products - the products fully or partially made of tobacco leaf for smoking, sucking, chewing or shuffing (filtered cigarette or without filter, cigarettes, cigars, cigarillos, pipe tobacco, smoking tobacco, rustic tobacco-krupka smoking and nasvay);

the tobacco industry - the companies which are engaged in tobacco fermentation, tobacco products manufacture, their distribution;

packaging - the unit of group consumer pack containing certain quantity of packs and bearing any graphical or text information.

Article 3. Legislation of the Kyrgyz Republic on protection of health of citizens against harmful effects of tobacco

If international treaties of the Kyrgyz Republic establish other rules, than those which contain in this Law then are applied rules of international treaties.

Article 4. The basic principles of state policy in the sphere of protection of health of citizens against harmful effects of tobacco

The basic principles of state policy in the sphere of protection of health of citizens against harmful effects of tobacco are:

- political commitment to development and determination of state policy and state strategy in protection of public health from harmful effects of tobacco, the choice of priority of life and health of citizens in relation to production of tobacco and its realization;

- carrying out the tax policy promoting creation of system of protection of health of citizens against harmful effects of tobacco and its consumption;

- active participation of citizens and local community in the solution of questions of environmental protection and health of citizens from harmful effects of tobacco and its consumption;

- availability of information on consequences of consumption of tobacco to health;

- compensation of the caused damage to persons who got occupational disease as a result of work in tobacco industry and/or in case of loss of health in case of the consumption connected with harmful effects of tobacco on organism at the expense of employers and/or producers;

- rendering assistance of public health care to bodies in the field of protection of public health from harmful effects of tobacco and its consumption;

- acceptance of effective measures for protection of the rights of citizens to life without smoking and tobacco smoke, and also to reduction of consumption of tobacco products the population;

- international cooperation in the field of creation of effective programs for tobacco consumption restriction.

Article 5. Guarantees of the state

Are guaranteed by the state:

- development, acceptance, implementation and financing of the state programs and social and economic measures directed to decrease in demand for tobacco products;

- ensuring access to all types of the medical and sanitary help in the organizations of health care to persons occupied in tobacco industry according to the legislation on protection of public health;

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