Electronic smoking systems: legal aspect

With the tightening of legislation on the circulation and consumption of tobacco products, and using the imperfections of the existing legislation, electronic smoking systems have become increasingly widespread in society, causing justified concerns about their health safety. The established practice required state intervention.

The amendments introduced by Decree of the President of the Republic of Belarus of 24.01.2019 No. 2 to the Decree of the President of the Republic of Belarus of 17.12.2002 No. 28 "On State Regulation of Production, Circulation and Consumption of Tobacco Raw Materials and Tobacco Products" (hereinafter referred to as the Decree) expanded the scope of the latter. The new version of the Decree was not limited to regulating the production, circulation, and consumption of tobacco raw materials and tobacco products, but also regulated the production, circulation, and use of electronic smoking systems, liquids for electronic smoking systems, and systems for tobacco consumption.

From 29.01.2020, amendments to the Code of the Republic of Belarus on Administrative Offenses (CAO) came into force, providing for administrative liability for violation of the rules for production, circulation, and consumption of electronic smoking systems, liquids for them, and systems for tobacco consumption.

In particular, Part 6 of Article 12.17 of the CAO currently provides for administrative liability for violation of trade rules, expressed in the sale to minors not only of alcoholic, low-alcohol beverages and beer, but also of tobacco products, electronic smoking systems, liquids for electronic smoking systems, and systems for tobacco consumption. Liability for committing this offense is provided in the form of a fine ranging from 20 to 50 base units.

The new version of Article 17.9 of the CAO, along with liability for smoking tobacco products in prohibited places (a list of such places is provided in the Decree, in particular), also establishes liability for the use of electronic smoking systems and systems for tobacco consumption in these places. Committing the above-mentioned actions entails liability in the form of a fine of up to 4 base units.

By the amendments,

introduced into Articles 12.25 and 12.26 of the Code of Administrative Offenses, liability is provided for violations of legislation in the advertising, sale, and trade of electronic smoking systems, liquids for them, and tobacco consumption systems.

The measures taken by the state are aimed at protecting the health of citizens, creating healthy and safe living conditions for them.

Senior Prosecutor of the Department for Supervision
over Legislation Enforcement and
Legality of Legal Acts
of the Regional Prosecutor's Office       
Irina Kryukovskaya