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LAW OF THE KYRGYZ REPUBLIC

of December 24, 1998 No. 155

About advertizing

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on November 26, 1998

(as amended on 18-07-2024)

Chapter I. General provisions

Article 1. Purpose and scope of this Law

1. This Law regulates the legal basis of the relations in the field of production, placement, distribution of advertizing and control over them.

The purposes of this Law are creating favorable conditions for production, placements and distribution of social and state advertizing, realization of the rights of consumers to receipt of fair and reliable advertizing, warning of violations of the law of advertizing, and also suppression of the facts of inadequate advertizing in the territory of the Kyrgyz Republic.

2. This Law is applied to the relations arising in the field of advertizing irrespective of the place of its production if distribution of advertizing is performed in the territory of the Kyrgyz Republic, also when the actions in the field of advertizing made by physical persons and legal entities of the Kyrgyz Republic beyond its limits lead to competition restriction, false representation of physical persons and legal entities in the territory of the Kyrgyz Republic or attract negative effects on commodity market of the Kyrgyz Republic.

3. This Law extends to foreign legal entities, and also to foreign citizens and persons without citizenship - the individual entrepreneurs registered in accordance with the established procedure, making and extending advertizing in the territory of the Kyrgyz Republic.

4. This Law does not extend to political advertizing.

5. This Law does not extend to declarations of physical persons, including in the mass media which are not connected with implementation of business activity, except for restrictions, provided by this Law.

Article 2. Basic concepts

For the purpose of this Law the following basic concepts are applied:

advertizing - the information on subject of advertizing distributed in any form by means of any means, directed to forming and maintenance of consumer interest of advertizing to subject of advertizing, and also promoting its realization and/or market promotion.

Signs on buildings of legal entities and physical persons, information signs about operation mode and rules of consumer service; declarations or notifications on change of the location of legal entity or physical person, its phone numbers and other data on legal entity and physical person; the plates warning about features of works in this territory the other information data which are not containing advertizing of goods, the ideas and undertakings advertizing are not;

subject of advertizing - the physical person and/or legal entity, goods, service, results of intellectual activities, the rights protected by the law interests of the owner, tenders, lotteries, games based on risk of game, bet, commercial/sporting events;

occult and mystical services - the services rendered by magic impacts with use of different methods;

inadequate advertizing - unfair, doubtful, unethical, obviously false and other information in which violations of the requirements to its content, time, the place and method of distribution established by the legislation of the Kyrgyz Republic on advertizing are allowed;

counter-advertizing - the confutation of inadequate advertizing extended for the purpose of liquidation of the effects caused by it;

the advertiser - the physical persons and legal entities which are source of the ad info for production, placement, the subsequent distribution of advertizing;

the advertisement producer - the physical persons and legal entities performing complete or partial reduction of the ad info in form, ready for distribution;

the advertizing distributor - the physical persons and legal entities performing placement and (or) distribution of the ad info by provision and (or) uses of property, including technical means of broadcasting, television broadcasting, and also communication links, broadcasting time, information technologies;

consumers of advertizing - physical persons and legal entities to which attention it is brought or advertizing can be finished;

advertizing campaigns - the shares which are followed by non-paid distribution or sale of the advertized products with use of different forms, means and methods of advertizing for the purpose of drawing attention of consumers;

direct advertizing - open advertizing of certain goods, services and persons for the purpose of forming or support of interest in physical person or legal entity, goods, trademarks, works, services, the ideas or undertakings and contribution to their promotion;

the indirect (hidden) advertizing - all actions, except direct advertizing, made in any form and by all means, having impact of subconscious nature for the purpose of drawing attention of mass media and/or forming of public opinion or perception in relation to the certain goods and services, the ideas and undertakings having indirect impact on consumer behavior and/or mass or individual consciousness, making impression of impartiality and objectivity, including:

- rendering sponsorship of sporting, cultural and musical events;

- creation of feature films with involvement of the famous actors for promoting of goods, smoking, tobacco products, their brands and vendors;

- mentioning in the advertisement of eminent political and public figures, persons using certain goods or service;

- placement of the ad info of indirect impact in television shows and movies;

- organization of cultural events, public actions and tenders;

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