Anti-tobacco law has a lot of deficiencies, opinions

The package of anti-tobacco laws has a lot of deficiencies and their implementation generates confusion that hamper their enforcement and the change of society’s behavior. Such conclusions were reached by civic activists and representatives of the public authorities within the discussion platform “Urban dialogues”. The participants in the discussions said the lack of a clear mechanism for implementing the laws generates skepticism about the real effects of the new provisions, IPN reports.

According to the speakers, the smokers are somehow discriminated. Though they are banned from smoking in public places, the law obliges neither the local public authorities nor the employers to create special smoking area for smokers.

Civic activist Rodion Gavriloi said that besides the law on tobacco control, there were adopted amendments to the Contravention Code, the Law on the Police and the Law on Advertising. “Some of these, like the amendments to the Contravention Code, took effect on September 17, 2015, while others will come into force on May 31, 2016 or even in 2020. This gradual implementation causes confusion,” he stated.

The head of the National Association of Restaurants and Recreational Places Aneta Zasavitski said the given laws contain shortcomings that will hamper their implementation. “No model is defined as to how these smoking areas should look like. Who will carry out inspections? Some of the cafes and restaurants were already fined even if the norm of the Contravention Code took effect, while the law itself did not,” she stated.

The representative of the Chisinau Police Division Sergiu Sofroni said the police will act in accordance with the amendments made to the Contravention Code, which specify the places where the police can warn the smokers – public transport, at public transport stations and markets – but the amendments do not stipulate all the public places defined by the law itself.

According to jurist Inga Albu, the gradual implementation of the legal provisions creates impediments in the application process. “First of all, there is a conflict of norms when some of the provisions are already in force, while others are yet to take effect. In such conditions, it’s not clear which normative acts will be interpreted by the court. However, priority is given to the special law, which is the law on tobacco control,” she stated.

The new anti-tobacco law took effect on September 17, 2015, after being was passed by Parliament on June 26, 2015. The main amendments to the law came into force on January 1, 2016.

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