In Tajikistan, fines for smoking in unauthorized areas, including the use of electronic cigarettes on streets, stadiums, avenues, parks, and inside all types of public transport, have been nearly tripled.
According to Article 463, Paragraph 1 of the Administrative Code of Tajikistan, fines have been significantly increased.
New fines for natural persons
For natural persons, the fines now range from three to five calculation indicators. The current calculating indicator in Tajikistan amounts to 72.00 somonis (TJS). Thus fines for natural persons are now from TJS216 to TJS360. Previously, the fines ranged from one to three calculation indicators, which was from TJS72 to TJS216.
These changes to the Administrative Code of the Republic were adopted by the Majlisi Namoyandagon (Tajikistan lower house of parliament) in May and seconded by the Majlisi Milli (Tajikistan’s upper chamber of parliament) on June 19.
The President of Tajikistan signed the amendments to various laws, including changes made to the Administrative Code, on June 20.
Increased fines for entrepreneurs
The revised Code also introduces higher administrative fines for entrepreneurs. According to Article 463, Paragraph 1 of the Administrative Code, fines for selling and distributing tobacco products and electronic cigarettes in places not designated for trade now range from 50 to 100 calculation indicators, which is from TJS3,600 to TJS7,200.
For violations related to the placement of visual information or the equipment of special zones for the retail sale of tobacco products and electronic cigarettes, fines for natural persons, as stipulated in Article 463, Paragraph 2, Part 1, now range from 100 to 200 calculation indicators, which is from TJS7,200 to TJS14,400. For legal entities, the fines range from 200 to 300 calculation indicators, which is from TJS14,400 to TJS21,600. Previously, these fines were between TJS10,800 and TJS18,000.
Overview of penalty adjustments
The significant increase in fines reflects the government’s stringent stance on regulating smoking and the sale of tobacco products in public and unauthorized areas. The amendments aim to curb smoking in public spaces and ensure compliance with the regulations concerning the sale and display of tobacco products and electronic cigarettes.
Key changes in fines:
- For natural persons (unauthorized smoking): from TJS216 to TJS360 (previously from TJS72 to TJS216).
- For entrepreneurs (unauthorized sale of tobacco products): from TJS3,600 to TJS7,200.
- For natural persons (non-compliance in retail zones): from TJS7,200 to TJS14,400.
- For legal entities (non-compliance in retail zones): from TJS14,400 to TJS21,600 (previously from TJS10,800 to TJS18,000).
The enhanced penalties underscore the emphasis on maintaining public health and order, and the strict enforcement is expected to deter violations and promote a smoke-free environment in public spaces across Tajikistan.
Recall, the applicable Law on Limited Use of Tobacco came into effect in Tajikistan on January 1, 2011. Under this law, sale of tobacco and smoking in schools, hospitals, organizations and enterprises irrespective of forms of their property, airports, train stations, recreation areas, sports and culture facilities and in public transport is banned. Additionally, sale of tobacco closer than 100 meters to kindergartens, schools, hospitals and other educational and healthcare institutions is banned. The law also bans sale of tobacco to and by teenagers. Smokers now have to use special places. Those who break the law had to pay a fine from 5 to 15 calculating indicators (estimates) for natural persons and from 30 to 300 calculating indictors for legal entities. In that time, one calculating indicator was equal to 50.00 somonis
On October 25, 2017, Tajikistan adopted the law on limited use of tobacco in new edition. The law, in particular, bans sale of tobacco in administrative buildings, landings of residential buildings, elevators, offices of government and non-government enterprises, pedestrian subways, airports, train stations, dormitories, health centers, cafes, restaurants and public transport. The law also bans sale of tobacco products by piece and barter of tobacco products for other goods and services as well as free distribution of tobacco products to the population, the deputy minster noted. Besides, the law stipulates that public health and social protection bodies reportedly may give permission to smoke in penitentiary institutions, elderly centers and psychiatric hospitals on the basis of a request from appropriate structures. Special places for smoking will be established in those institutions.
A resolution issued by Tajikistan’s chief sanitary inspector on October 21, 2022 introduced a ban on the importation, manufacturing and sale of smokeless products, non-tobacco [nicotine] products and snus.
Snus is a tobacco product, originating from a variant of dry snuff in early 18th-century Sweden. It is placed between the upper lip and gum for extended periods.
