Key Points:
1.Current status and new proposal content of e-cigarette illegal activities in Kazakhstan.
2.The new proposed law increases penalties for storing a large quantity of e-cigarettes.
3.Individual consumption of e-cigarettes is not penalized, but large-scale storage will face legal consequences.
According to Tengrinews.kz, the Mazhilis Parliament of Kazakhstan is set to review a legal amendment aimed at optimizing the criminal law. Abzal Kuspan, the head of the working group and a member of the Mazhilis, revealed that one key aspect of the new proposal is to strengthen penalties for illegal e-cigarette activities.
Kazakhstan has completely banned e-cigarettes since last year, including their import, sale, and production. The country's criminal law has added Article 301-1 specifically targeting the circulation of non-smoking tobacco products, electronic consumption systems (e-cigarettes), as well as related flavors and e-liquids. According to this provision, illegal sales of these products will result in fines of up to 200 times the minimum wage (MРП), corrective labor in corresponding amounts, or up to 200 hours of community service. Offenders may also face up to 50 days of detention for serious violations.
If the illegal activities involve the import or production of e-cigarettes, the fine can increase to a maximum of 2000 MRP, and individuals may also face potential probation, up to 600 hours of community service, or a maximum of 2 years of probation, with the most serious offenders facing imprisonment for the same period, with or without confiscation of assets. If the crime is committed by a group and involves particularly large-scale illegal profits or repeated violations, the fine can increase to 5000 MRP, or equivalent probation, 1200 hours of community service, or even up to 5 years in prison.
Abdul Kuspun stated that law enforcement agencies are increasingly finding e-cigarettes stored in large warehouses since the implementation of criminal penalties. However, because the law does not punish storage activities, even if discovered, criminal responsibility cannot be pursued. They suggest supplementing the law. If the majority of lawmakers support the proposal, the new law will allow punishment for storing e-cigarettes worth more than 2000 MRP (approximately 7.8 million denars in 2025). As for delivery drivers, if the total value of the packages they transport exceeds 7.8 million denars, they will also face legal consequences.
However, Kuspan emphasizes that individuals will not be held legally accountable for personal use as long as it does not involve sales activities. Meanwhile, the voting results of this proposal will be revealed in the near future, and if passed, it will have a significant impact on the e-cigarette market in Kazakhstan. Registered users can view the full interview with Senator Kuspan on strengthening criminal law.
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