IMPROVING ADMINISTRATIVE LIABILITY FOR THE USE OF TOBACCO PRODUCTS AND NICOTINE CONSUMPTION DEVICES IN PUBLIC PLACES: LEGAL AND PRACTICAL GROUNDS FOR AMENDMENTS TO ARTICLE 56¹ OF THE ADMINISTRATIVE CODE OF THE REPUBLIC OF UZBEKISTAN

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Abstrak:

This article examines the improvement of Article 56¹ of the Code of the Republic of Uzbekistan on Administrative Liability to ensure clear and consistent enforcement of liability for the use in public places not only of tobacco products but also of nicotine consumption devices (electronic cigarettes, vapes, heated tobacco systems, and similar products). It substantiates the need to align the subject matter and terminology of the liability provision with sectoral legislation that imposes restrictions on nicotine consumption devices in public places. The proposed amendments are analyzed in light of international standards (WHO Framework Convention on Tobacco Control—WHO FCTC, Guidelines for Article 8) and precautionary principles regarding electronic nicotine products; practical recommendations are advanced for algorithmic enforcement (a minimum standard for evidence recording and preventive mechanisms) [1–5]..

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Code of the Republic of Uzbekistan on Administrative Liability, Article 56¹.

Law “On Restricting the Distribution and Consumption of Alcohol and Tobacco Products,” Article 24.

Ibid., Article 26 (obligations of responsible persons).

WHO FCTC: Guidelines for implementation of Article 8 (Protection from exposure to tobacco smoke).

WHO: Tobacco: E-cigarettes (ENDS) — aerosol and potential risks in public places.

CDC: Health Effects of Vaping — composition of e-cigarette aerosol.

CDC (PCD): Secondhand exposure to e-cigarette aerosols — constituents affecting bystanders.

Health Canada: Risks of vaping — nicotine dependence and “not completely harmless.”

GOV.UK: Smoking at work: the law — smoke-free law not applying to e-cigarettes.

Tobacco Control Laws (Canada): e-cigarettes — legal commentary on restrictions in certain workplaces..