Regarding the problematic issues of the application of certain provisions of the Law of Ukraine «On measures to prevent and reduce the use of tobacco products and their harmful effects on the health of the population» No. 2899-IV

The article examines the problematic aspects of the practical implementation of Articles 16, 16¹ of the Law of Ukraine «On measures to prevent and reduce the use of tobacco products and their harmful effects on the health of the population» in the context of distinguishing between the concepts of advertising and promotion of the sale of tobacco products, as well as advertising and promotion of sales devices for consuming tobacco products without burning them. On the basis of the analysis of current legislation, answers to the following questions were formulated: firstly, whether the promotion of the sale of tobacco products is the placement of a QR code on the tables of a restaurant, which contains a link to the Internet, which contains the menu of the restaurant and information about the available sale of tobacco products, hookah devices, hookah preparation services, devices for consumption of tobacco products without burning them, electronic cigarettes (Article 16 of Law No. 2899-VI); secondly, whether advertising and promoting the sale of tobacco products, placement of tobacco products and/ or information about them on visible elements of equipment or on shop windows of business entities in illuminated boxes or on elements that contain images, drawings, background inserts, color which differs from the color of commercial equipment (Article 16 of Law No. 2899-VI); thirdly, whether advertising and promoting the sale of devices for consumption of tobacco products without burning them, placing devices for consumption of tobacco products without burning them and/or information about them (description, prices, etc.) in retail trade places on external elements of the equipment of illuminated advertising structures, background inserts, the color of which is different from the color of retail equipment, and which contain devices for consuming tobacco products without burning them and/ or information about them (description, prices, etc.) (Article 16¹ of Law No. 2899-VI); fourth, whether it is advertising and promoting the sale of devices for consuming tobacco products without burning them, placing information about the manufacturer of devices for consuming tobacco products without burning them, as well as placing devices for consuming tobacco products without burning them outside the places of sale of these products (Article 16¹ of Law No. 2899-VI).