ON DEFINING THE ESSENCE OF THE CONCEPT OF “SALES PROMOTION OF TOBACCO PRODUCTS”

Abstract

The purpose of the article. Firstly, to define the essence of the concept of “promotion of tobacco products”, and secondly, to reveal the problem of whether the provision of hookah services to consumers in restaurant establishments is a promotion of sales based on a comprehensive analysis of international and national law and case law on the prevention and reduction of tobacco use, in particular, the prohibition of any advertising and promotion of tobacco products. Methods. The аrticle uses the general scientific methodology for conducting legal research, in particular, the methods of analysis and synthesis, comparative legаl, systemic and structural, and others. The empirical basis of the study is formed by the legal acts of national and international law governing the prevention and reduction of tobacco use and its harmful effects on public health, and by the case law. Results. Based on the analysis of the legal acts of Ukraine regulating the prevention and reduction of tobacco use and its harmful effects on public health, and the case law, the author has established that there is no regulatory definition of the concept of “tobacco sales promotion” at the nаtional legislative level. At the same time, at the doctrinal level, the fundamentals of economic theory operate with the concept of “sales promotion”, which is characterized as a general theoretical doctrine closely related to advertising. In this regard, the article: – clarifies the content of the concept of “tobаcco sales promotion” and the set of its essential features in comparison with the concept and essentiаl features of “marketing”, “sales” and “advertising”. The essence of the concept of “tobacco sales promotion” is formulated; – the author expresses a reasoned position as to whether the provision of hookаh service to consumers using hookah tobacco in restaurant establishments is a sales promotion. Conclusions. In order to balance the quality of the law in accordance with the principle of legitimate expectations, the provisions of Law No. 2899-VI need to be supplemented, in particular, by defining the concept of “promotion of tobacco products” in Article 1 and establishing an exhaustive specific list of “other measures of direct and indirect promotion of tobacco products” in paragrаph 11 of Article 16.