CC RECOGNIZES LEGALITY OF BAN ON SELLING CIGARETTES IN KIOSKS NEAR SCHOOLS AND HOSPITALS

The Constitutional Court of Moldova declared as corresponding with the Main Law the prohibition to sell cigarettes in kiosks with an area less than 20 square meters, situated less than 200 m away from educational or medical institutions.

The court declined the request of ex-MP Simion Grisciuc of the European People's Party of Moldova (EPPM), who demanded the court to declare the corresponding ban as illegal, saying it is contrary to the principle of loyal competition and gives advantage to big stores. Before Grisciuc was elected to the Parliament, he headed the Tutun-CTC tobacco factory.

The CC explained its decision with the fact that the level of accessibility of mobile trade entities (less than 20 sq. meters) is higher than that of stationery, which provides them a higher level of tobacco product sales, while the fact that small trade entities are the main place of cigarette selling makes them more popular.

At issuing the decision, the CC members took into account that large shops are able to ensure higher protection from selling tobacco products to minors (by means of video surveillance), thus the challenged legislative restriction may be regarded as justified. Moreover, the CC concluded that economic agents had enough time for getting ready before these restrictions entered into force (January 1, 2019).